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HomeMy WebLinkAbout114267 UNITED WAY OF LARIMER COUNTY - PURCHASE ORDER - 9120142 (2)City OfPURCHASE ORDER PO Number Page Collins9120142 t of 2 `t CThis number must appear on all invoices, packing slips and labels. Date: 04/11/2012 Vendor: 114267 Ship To: CDBG UNITED WAY OF LARIMER COUNTY CITY OF FORT COLLINS 424 PINE ST #102 281 N COLLEGE AVE FORT COLLINS Colorado 80524-2421 FORT COLLINS Colorado 80521 Delivery Date: .01/06/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 2012 Relocation Assistance 1 LOT EA 8,000.00 draw 2 C3. O✓1�-,-aQ � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVER. 98-N502. Federal Excise Tax Exemption Cenifieme of Registry 84-6000557 is registered with the Collector of Failure of the Purchaser to insist upon strict pafomanee of the Terms and conditions hercof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly ramify the Seller in the ex cut of n breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall Turn release the Seller of Good Rejected. GOODS RFJEC r.D due to failure to meet s,imifiemiorm, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of Is Titten purchaser in insist upon strict performance herenfor any of its rights or remedies as to any Stich goods. regardless instructions from the City of Fort Collins. of when Shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported and modification err rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, cervices or equipment in response to this order can result in 12. ASS] G N hI ENT OF ANTIT R UST CLA I A I S. authorized payment an the part of the City of Fan Collins However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all appl ieahle required inspection procedures, vinlation, arc in fact borne by the Purehawr. Theretofore, for good cause and as consideration for executing this purchnw order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herce0cr Freight Terns. Shipments mast be P.O.H., City of Fan Collins. 700 Wood St.. Fort Collins, CO 80522, anlecx requimf under federal or state amilroso laws for such overcharges relating to the particular goods or sciviees otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers; have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and life Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance, may cause the Work to be performed by the most expeditious means available to it. and the Seller shall pay all costsassociated with such Work. PCmiM Seller shall procure at Sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and pules of the state, municipality. Teritory or political subdivision when the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless front and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and mquircmcnts. Authorization. All parties to this contract agree that the representatives arc, in fact, hone fide and possess Rift and complete authority to bind said panics. LIMITATION Of TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .stated herein set fnnh and any supplementary or additional terms and conditions nnncxed hereto or incorporated herein by reference. Anv additional or different toms and conditions propnscd by caller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is Of the essence. Delivery and performance must be of leers! Within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparlial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofdacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reotrable eontml and without its fault of negligence, such acts of Gad. acts ofeivil or military, authorities, governmental priorities, fires, strikes Bond, epidemics. mars or Tints pmvidcd that notice of the conditions catming such delay is given to the Purchaser within five (5) days of the time whm the Seller for received knowledge thereof. In the event of any Stich delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfnmwd with the highest degree of cam and eompetenec in accordance with accepted standards for w-ark of a similar nature. The Seller agrees to hold the purchaser hamlcss from any loss, damage or expense Which the Purchaser may saffc, or incur on account of the Sellers breach of w..my. The Seller Shall replace, repair or make good. withan cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law at by the testa of any applicable %amity provided by the Scllcr a0cr life date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting four imperfect or defective work time or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim tinder this ommriry. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages presmar clv caused by the breach ofanv of the foregoing wamnties or guarantees, but such liabilityshall in no event include lass ofpmfits or In. of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL. I EMIMS. The Purchaser may make any changes to the toms, other than legal terms. including additions to or deletions front the quantities originally ordered in The specifications or drawings, by verbal or written change order. If any .won l change affects the amount due or the time of perfnrmance hercurader, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of fife good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in ping+ess provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages. and that no Stich adjustmenl be made in favor of the Scllcr with respect to any goods which are the Sellers standard stock. No such termination shall reicvc the Purchaser or the Seller ofany ofoheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted Within thirty (30) days from the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Seller warns that all goats sold Immunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All lases and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser a, a r,,all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tondo, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other piny. 10. TITLE. The Seiler womnts full. clear and unrestricted title to the Purchaser for all equipment, materials. and items film ished in performance of this agreement, free and clear of any and all liens, restrictions, resen:ations, security interest encumbrances and claims of others. The Sel ter shall release the Purchaser and its contractors of any net form all liabi lily and claims of any nature resulting from the pcl-formunce of such work. T'hi, rdcuse shall apply cecn in the event of fault of negligence of the parry released and shall extend to the directors, oRecrs and c... ployccs afsuch party. The Seller's connuctu ll obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is performed or caused to he performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify, and save harmless the Purchaser From anv and all claims for infringement by reason of the use of such palented design, device. material or process in connection with the contract, and shall indemnify the Purchaser for nny cost, expense or damage Which it may be obliged to pay by reason of such infringement at any time during the prosecution ar after the completion of the work. In case said equip ... cut. Or any part thereof or the intended use Of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shell, at its own expense and at its option, either pmcure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it IWcomes anninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors. appoint a receiver or tmsoee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser within liability. 16. GOVERNING LAW. The definitions oftemm used Or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform Work hereunder. including the services Of Sellcrs Representative(s). on the premises ofothcts. 17. SELLERS RESPONSIBILITY. The Seller shall entry unsaid Work at Seller's own risk until the same is fully completed and accepted. and shall, in ease of any accident, destruction or injury to the work and/or materials before Sellcrs final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by Others for installmion or erection by the Seller, the Seller shall rccenc, unload, store and handle more at the site and become responsible therefor as though such materials and/or equipment were being furnished by The Scllcr under the older. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of Workers compensation, including occupational disease henefts, to its employees employed on or in connection With the work covered by this purchase order. and/or to fl cir dependents in accordance will, the Innis of lIw slam in Which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile Public linbility h—unnee .with bodily iisiory and death limit, of at Iwa.l Sinn (Ira for any one r+—on, S500,000 fnr any one accident and propcny damage limit per accident of S400,000. The Seller shall likewise require his cmuraanrs, if nny, In provide for such compensation and notimnce. Before any of the SCllers or his contractors employees shall do Toy cork upon The To, mes of others, the Scllcr shall Furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnificatcs shall specify the date when such compensation and insurance have been provided. Such ecnificatcs shall specify thedate when such eompcnsmma and insurance expires The Seller agrees that Such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind ar nature whatsoever to persons or property caused by or resulting front the execution nfthe work provided for in this purchase order or in connection hemw ith. The Seller Will indemnify and hold harmless the Purchaser and any Or all of the Pwrchnsers officers, agents and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect. and Whether to persons or property to Which the Purchaser may be Into or subject by reason of any act action. neglect, omission or default on the pan of the Seller. any of his contracmrs. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and In defend the same at the Sellers Own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their officers, agents or employees in such suits or olhcr Proceedings, and in case judgment or other lien be placed upon or obtained against the progeny of The Purchaser. or mid parties in or as a result ofsuch suits or other proccCdings, the Seiler will at once cause The same to be dissolved and discharged by giving bond or nions ise. The Seller and his contractors shall lake all mfety precautions, famish and install all g<umds necessary for the prevention of accidents. comply with all laws and regulations with regard to Safety including. but without limitation, the Occupational Sofeoy and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 0312010