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HomeMy WebLinkAbout120791 COMMUNITY FOUNDATION OF NO COLORADO - PURCHASE ORDER - 9142113Fort of PURCHASE ORDER Date: 04/1512014 Vendor: 120791 COMMUNITY FOUNDATION OF NO. COLORADO ATTN: STEPHANIE CASHMAN 4745 WHEATON DR SUITE 100 FORT COLLINS CO 80525 PO Number Page 9142113 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/14/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 EHO Grant Agreement Food Cluster City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT LS i:r rrr r� Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tent and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sureerd local taxes. Our Exemption Numberis ILNONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict perricarare of the terms and conditions hereof, 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 notify the Seller in the exact of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED day an failure to meet specifications. either when shipped or due m defects of any of be wamml or obligations of this purchase Omer and shall not be deemed a waiver of any right of the damage in umuit, may be returned TO you for credit and are Out to M replaced except upon receipt of woman Purchaser in insist upon strict performance hereafor any of ire rights or remedies as a any such goods, regardless insWctions fin The City of Don Call.. of when shipped, remved or accepted, as to any print or subsequent default hereunder, nor shall any pmported oral modification or rescission of this purchase under by the Purchaser opyrome as a wails, of any of be toms Inspection. GOODS are subject o the City of Fort Collies inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response I. this coder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized papmenT on the pun of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchase, reeognice that in acnul crormain, practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in Net home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby wei,ax to the Purchaser any and all claims it may now have or hereafter Freight Term. Shipments most be F.O.B., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522. artless acquired under federal or sure mortal laws for such overcharges relating to the particular goods or services otherwise specified an this under. if pemricsiun u gill. a prepay freight and charge separately, the original fight purchased or acquired by The Purchaser pursuant to this purchase order. bill most acmmwnv rivers, Additiomal chages for parking will not be acccvred. Shipment Distance. More rean ifacNrers have distributing points in various Was of the country, shipment is expected From the Transit distribution point to diet nalum, and excess freight will be doxh ated from Imvice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulators, ordinances and tales of the state, municipality, Immune or political subdivision where the work is Perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella fanner agrees to hold the City of For Collins heatless fmm and motion all liability and lass incurred by them by sawn of an alum Or established violation of any such laws, regulators, ordinances, rules and requirements. Author cation. All radial to this contract agree that the representatives are, in par. bores fide and possess full and complete authority to bind said ponies. LIMITATION OF'FERMS. 'this Purchase Omer expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different moms and cons itiom proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediamly if you cannot make complete shipment to move on your promised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within The time stated on the purchase order and The documents attached hereto. No ass of the Purchasers including, without limitation, acceptance oriental late deliveries, shall operate as a waiver of this provision. In the event crony delay, The Purchaser shall have, In add,,ien to Other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall mat be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts affair, arts ofciml or military authorities, governmental priorities, fires, strikes, flood, epidemics, wan or riots provided Nor notice of the co odumre, caning such delay is given to the Purchaser within five (5) days of The time when the Sella for received lnowledge thnmf. In the anent of any such delay, be date of delivery shall be extended for Fire period equal to the time actually lost by ¢ricer 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 be fit fur the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Puahaler may suffer or incur on account ofthe Sellers breach ofwaranty. The Seller shall replace, repair or make good, withou, cast m elm purchaser, my defer or faults arising within one (I) year or within such longer period of time as may be proscribed by law or by The men of my applicable warranty provided by the Sella after be date of acceptance of the goads famished hereunder (translucence rot N bd unreammably delayed), resulting from imperf , or defective work done or materials famished by be Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of army claim under This warranty. Except as otherwise provided in this Purchase order, the Sellers liability hereunder shall extend to all damages noximmaly caused by the breach of tiny of the f re,ma, woranties or guarantees, but such liability shall in no event include lass of profits or loss of me. NO IMPLIED WARRANTY OR M ERCHANI'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal forms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to Fire terns, other than legal team, including additions to or deletions from the quantities originally ordered in The specifications or drawings, by verbul or wrinen change order. If my such change affects the amount due or the time of perfomtance hereunder, as equitable adjustment shall be m de. 6. TERMINATIONS. The Purchaser may at my time by wriaen change ama. Terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable rdjouni between the parries as to any work or materials Then in pra,ml provided Nat the Purchuce shall nor be liable for any claims for mficqu rd .it. on the uncompinnl portion of the good and/or work, for incidental or consequential damages, Ford but no such adjustment be made in favor of the Sella with respect to my good which am The Sellers standard stock. No such termination still relieve the Purchaser or the Seller crony oftheir obligations u m any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirry, (30) days fmm the date the change or lamination is ordered. 8. COMPLIANCE WITH LAN'. The Seller wrmens That all goods sold hereunder shall have been produced, old delivered Full famished in evict compliance with all applicable Uws and regulations to which The goods are subject. The Sella shall exrcum and deliver such documents as may be required to effect or evidence compliance. All Laws and regulations required to be incorporated in agreements of this chumder are hereby incorro eyed herein by this reference. The Seller agrees to indemnify and hold the Purchaser hambess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trmsfor, or convey This Ord". or my mania due or m brcome due hereunder without The prior written cement ofthe other party. 10. TITLE. The Sella warrant full, clean and uttresviaed title to The Purchaser for all equipment, materials, and items hundred in performance of this agreement, free and clam of any and ill liens, ontrictioru, reservations, security interest encumbrances and claim of others. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Porchuer ard The Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser oral its contractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply own in the event of fault of negligence of the party releaaed and shall extend to the directors, officers and employees of such Parry. The Settees contmrntal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by loom. . proof, Trademark or copyright. The Seller shall indemnify and save brmlus the Purchaser from any and all claims for infringement by rmwn of the use of such pabored deign, desire, material or process in correction with The contract, and shall indemnify The Purchrer for any cost, expense ar damage which it may he obligW to pay by reason of such arrangement at any time during the publication or after the completion of the work. In Free said equipment, or any pan thereof or The intended use of the goods, is in such suit held to commuste infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure 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 becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an alignment fin the benefit of creditors, appoint a receiver Or trustee for any of the Sellers property or business, this order may foMrcith be canceled by the Purchaser wifMut liability. 16. GOVERNMG LAW. The definitions offences used or the interpretation ofthe agreement and the rights of al l parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprexenurlva(sk on the premises of mists. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk writ the same is fully completed and unrelated, and shall, in case Of my accident, destruction or injury to the work mdlor materials before Sellees final completion and acceptance, complete the work at Seller's awn expose and to the satisfaction of The Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as Though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seiler shall, at his own expense, pmvide for Fire p great of workers compensation, including occupational disease benefits, To is —,toy. employed an m in comrstion with the work covets by this purchase mill anNor to Their depcndens in acmrdame with the laws of the sum in which the work is to be done. The Sella shall alw can, comprehensive general liability in fi diag, but not limited to, contmcmel and aaromatic Public liability insurance isito bodily injury and death limits of at least S300,000 for any one return, s500,000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his comost—, irany, to provenside far such compation and insurance. Before any of 1he Sella. ^r his contmdu,s employees shall des my work upon the premises Fiction, the Seller shall famish the Purchaser with a certificate that such comperommon and insurance have been provided. Such connector shall specify the cote when such compensation and insurance have been provided. Such snrificarm shall specify the die when such compensation and insurance expires. The Seller agrees That such compensation and insurance shall be maintained and after drc entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as es The entire responsibility and liability for any and all damage, loss or injury army kind or nature a hasoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pumhasees oracers, again end employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subjat by reawn of any at, action, neglect, mnission or default on be Ilan of the Seller, any of his contmmors, or my of The Sellers or connotations officers. agents or employees. In rue my suit or other proceedings shall be brought against for Purchase, or its officers, agents or employees at OF, time oa mroml of by mason of any on, action, neglect, omission or default of the Seller of any of his contractors or any of its or Their officers, agents or employers as aforesaid, the Seiler hereby agree to assume the defense thereof and to defend the same at The Sellers awn expense, to pay any and all costs, charges, anomgs fees and other expenses, any and all judgments Char may be incurred by or obtained against the Pmchuer or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against The property of the Purchaser, or said ponies in or OF a result of sash suits or other proceedings, the Seller will at ore came fe same to be diswtwil and discharged by pin, bond or oferuise. The Seller and his contractors shall take all safety precautions, fumich ard install all grand naessany fin the preonion of ancidents, comply widi all Uses and regulations wid, regain To safety inOmim& bur witham limitation, the Occupational Safety and Health Act of 1970 and all Toles and regulations issued pursuant therew. Revised 0312010