HomeMy WebLinkAbout233452 THE FAMILY CENTER - PURCHASE ORDER - 9135566City of
Frt Collins
Date: 05/23/2014
Vendor: 233452
THE FAMILY CENTER
309 HICKORY #5
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9135566 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CDBG
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 10/10/2013 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 add account number 1 LOT EA-1,298.00
3. add account number
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.wm
1 LOT EA
1,298.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502, Federal Exe¢e Tax Exemption CMificak of Registry 84-6000587 is registered with the Collector a
Failure of the Purchaser to insist upon strict Performance of the terns all conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutoa 1973, Chapter 39.26, 114 (a),
eaeaise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n
breach, the nevermore ofor payment for goods hereunder or approval of the design, shall not refers, the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet sped features, either when shipped or due to defals of
any of the wan was or obligations of his purchase order and shall not be deemed a waiver of any night of the
damage in warned, may be retumeJ to you for credit and are not to be replaced except upon marpt of written
purchaser to insist upon strict performance hereof or any ofits rights wremaies as to any such goods, regardless
instructions from the City of Fort calls.,
of when shipped, received or accepted, w to any prior or subaquatt default hereunder, nor shall any purported
oral mo li(cation or 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 Fon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the mefchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aurhodced payment on the part of the City of Fart Collins. Howevd it is to a uacrsmUJ that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of al I applicable required inspection procNura,
violations am in fact home by the Purchaser. Theretfo ore nfotr good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the purchaser any and all claims it may vow have or hereafter
Freight Terms. Shipments most No F.O.D., City of Fort Collins, TMI Wood St., Fart Collins, CO 80522. unless
otherwise specified on this order. If pcnn¢sion is given 1p prcpay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Disume. Where manufacturers have disnibuling points in various pans of the country, shipment is
expected firs. Ne neatest distribution to, no destination, acid excess freight wit] her deduda from Invoice when
shipments are nude from greater distance.
Permits. Seller shall procure at sellout sole cost all necessary permits, mortician and licems rquiml by all
applicable laws, regulations, ordirurrces and rules of the slate, municipality, padd ry or Political subdivision where
the work is performed, or required by any other duly constituted Public aothodty having jurisdiction over the work
of vendor. Seller fuller agrees 10 hold the City of Fon Collins hatless firm it ngoiwt all liability and lass
mrstarrat by than by reason of on averted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Anthonmtion. All varies to Nis concoct agree that the represenlarvas are, in fail, bow fide and possess full and
amplex, authority m bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limier acamp. 10 the terms and conditions stars
herein mt forth and any supplementary or additional lams mid conditions domed hereto or incorporated herein by
reference. Any additional or different emes and conditions proposed by seller arc objenelto and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT moral ifyou cannot make complete shipment to arrive on your
pmndual delivery date w noted. Time is ofthe essence. Delicacy and performance most be effected within the time
stura on the prrthau order and the documents attached hereto. No acts of the Purchasers including, wilbout
limitation, acceptance of panel late deliveries, shall operam as a waiver affix Provision. In the went of any delay,
the Purchaser shall have, in addition to omer legal and equitable remedies, the option of placing this order elsewhere
atom holding the Seller liable for damages. However, the Sella shall nor fe liable for damages as a rauh of delays
due to muses not rensonab]y demountable which art beyond its reasonable control and actuator its fault of negligence.
such acts of God, acts of civil or military marauders, gm'cinmeoul Foaminess, mines, tires, strikes, flood, epidemics, wan or
roots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time what Nc Seller first received knowledge therdf. In the event of any such delay, the dam of delivery shall be
ext.de l for me period anal to due time acridly lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants seat all goads, ankles, matedah and roar, cmared by this order will confirm with applicable
drawings, specifications, samples and/w other descriptions given, will be fit for the puryos. intended, end
performed with fare highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hatless from any loss, .image or expense which the
Purchaser duty suffer or incur on warrant ofthe Sellers breach of w'armnty. The Seller shall replace, repair or make
good, without cost m me purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be pros urbed by law or by the terms of any applicable warranty provided by the Seller an,, the data of
acceptance of we goods furnished hereunder (acceptance nut to be unreasonably delayed), resulting from imperfect
or defective work done or nationals fndisha by the Seller. Acceptance or use of goods by the purchaser shall not
onstitute a waiver of any claim under this wonanty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximamly ...it by the breach ofany arms, foregoing wamnlies
or guarantees, but such liability shall in no event include lass of profits or loss 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 from, by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Ptucharma may make any changes to the term, other than legal teats, including adthllow to or deletions from
the quantities ongiwlly ordered in the specifcatiom or drawings, by ormal o riven change order. It any such
change affects the.amrunl due or the time ofpermunterce Foramina, ern anitnble adjusment shall be maJ,.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement ns 1. any or sell portions of the
goods then not shipped, subject to any amiable ajustant between the panics is to any work or mitedoh then in
progress provided that the Purchaser shall not be liable for any claims for anticipated prod¢ of the uncompleted
,onion of the goods and/or work, far incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which ore the Sellers standard stack. No such mminnlion shall mlimx
the Precursor ar the Seller ofany oftheir obligations as to any goods delivered hereunda.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days train the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
eardrums, with all applicable laws and regulations to which the gnarls are subject. Ile Seller shall secure and
deliver such dwunarits as may Is, required to effect or evidence compliance. All haws and regolatiotis required to he
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify aW hold the Purchaser harmless fmm all roars and dowager sunned by the Purcho er ss a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, broader, a convey this order, or any monies due or to become due hereunder without the
poor warned cowatt of the other party.
10. TITLE.
The Seller wardwas full, ilea and emanational tide 10 the Purchaser for all equipment tatenims, all items fumishom
or pefom ce of this agreement, fare and clew of any all all lie., aafnetiow, iernatioa, security interest
encumbidces and claims of orders.
acquired under federal or sure antitrust laws for such overcharges relating m the Butimlar goods or services
purchased or acquired by the Purchaser pursumr to this Panama order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by rue
purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may came the work to far performed by the most expeditious rwaoa mailable to it, cod the Seller shall Jury all
cos. womenda with such work.
The Seller shall selaase the Porchvcr and its mntmetors of any tier Tom all liability and claims of any whore
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released acid shall extend in the
dimctom, olBca, and employees ofsuch party.
The souses communal obligaions, including xairmY, shall not be dams 10 be comical in any way, became
such work is gerf rated or ..it m fe performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, desire, marginal or process coxered by ]error, parent, trademark
or copyright, the Seller sMll indemnify all save hatless me Purchaser from my all all claims for infringement
by reason of the use of such rammed design, device, mammal or prowess in tworaton with the conmd and
shall indemnify the Purchaser for any over, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during Ne prosecution or after rate completion of the work. In case said equipment, or
any pan thereof or 1fe iatended use of the goods, is In such suit held m constitute inGngemem and the use of
said equipmdr or pan k enjoined, the Seller shall, at its own expense and at its option, eiher procure for the
Purchaser the right to continue using said gaccount or pans, replace Ne same with substantially equal but
noninfringirg equipment, or modify it so it homes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver t trustee for any of the Sellers property, or business, this color may forthwith fe canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms usa or the ind rpretution ofthe agreement and the rights oral[ parties bmurnal shall be
construed under it governed by the laws of me Stare ofCalor ms, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work heremde,
including for services of Sellers Representatives), on the premiss urethras.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the more is fully complera and accepted, and shall,
in case of my accident, destruction ar injury to fire work wdler materials before Sellefs Mal completion and
acceptance, complete the work st Sellefs own expense and to the satisfaction of we Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, me Seller shall income, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being burnished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits to its employees employed on or in connection with the work covered by this purchase under,
and/or to their dependents in accordance with the laws ofthe state in which the work is to be dual. The Seller
shall also carry comprohewive general liability including, but not limited to, conic ac ual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one Person, $500,000 for any
one accident and progeny damage limit per occident of 5400,000. The Seller shall likewise requite his
it ' any, to provide for such compensation and in e. Before arty office Sellers or his contractors
employees shall do any work upon the premises of others, me Seller shall fmish the Purchaser with a certificate
that such c mpen and insurance have been provided Such comficams shall specify the date when such
compensation and insurance have been provided. Such comprises shall specify the date when such compensation
and insurance expires. The Seller tgrees that such compensation and insurance shall be 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, lass or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided fir in
this purchase order or in connection herewith, The Seller will indemnify and hold hatless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expense, whether direct or indirect and whether to persons or property to which me Pmchsser may
be put or subject by reason of my at, action, neglect, omission or default on me pan of the Seller, any of his
contractors, or any of the Sellers or conmtlors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its oRiceis, 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 0r any of its or
their oRicen, agents or employees as aforesaid, the Seller hereby agrees to assume me defense Hereof and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, attoteyx fees and offer expenses,
any and all judgments that may be incurred by or obtained against the Purcho sa or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or ounce lien fe placed upon or
obtained against the progeny of the Purchaser, or said parties in or as a result of such suits or owner proceedings,
me Seller will at once cause the same to be dissolved all discharge by giving bond or otherwise. The Seller all
has contractors shall take all safety precautions, frith and install all goatees necessary for the prevention of
weide rods, comply with all laws and regulations with regard to safety, including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all rates and reguradow wood pursuant tferem.
Revised 03R010