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HomeMy WebLinkAbout132094 FUNDING PARTNERS FOR HOUSING SOLUTIONS - PURCHASE ORDER - 9144418City of /110 or_t Collins Date: 08/05/2014 PURCHASE ORDER Vendor: 132094 FUNDING PARTNERS FOR HOUSING SOLUTIONS 330 S COLLEGE AVE SUITE 400 FORT COLLINS CO 80524 PO Number Page 9144418 10f2 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 08/04/2014 Buver: ED BONNETTE Note: PER PROPOSAL FRON JOE ROSEN TO MARY ATCHISON DATED 7/21/14, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price t Policies 6 Procedure Manual not to exceed $3,000.00 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 3,000.00 Total $3,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tef i s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from topic and local taxes. Our Exemption Number is I I. NONWANER. 98-04502. Federal Excise Tax Exemption Confirms of Registry 84-6000587 is registered with the Collector of Failure of the Purchaer to insist upon strict performance of the moos and conditions here0[ failure or del, to Internal Revenue, Deaver, Colorado (Rif. Colorado Revised Swans; 1973, Chapter 39-26, 114 Of. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the deign, shall not release the Seller of Gaods Rejected. GOODS REJECTED due to failure an meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rearmed to you for credis and are not to he replaced except upon receipt of written Purchasr to insist upon strict performance hereof or any of its rights or rcmdies m to any such gonsis, regardless infections tram the City of Fort Collins. of when shipped, received or accepted, n to any prior or mbxquent default hereunder, nor shall any purpaned am[ mdificadon or rescission of this purchat, maker by the Purchaser operate as a waiver of any of the team Inspection. GOODS are subject to the City of Fort Collins inspection on union. hereof. Final Acceptance. Receipt of the me¢handiss, sericm or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. committed payment on the part of the City of For o Collins. dBevan, it is m be umdennond marFINAL Seller and the Purchaser rttogniam that in actual ere er the practice, ovcharge us resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable mqulred inspection procedures, violpiiom are m fact home by the Purchaser. Theretofore �fomgood crux all m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser, any ad all claims it may now have or hermner Freight Terms. Shipmmts mar be, F.O.B., City of Fan Collins, TOO Wood Sc, Fon Collins, CO 80522, unless acquired under federal or state antitrust laws far such .1arges filming tp the poricular goods or services otherwise specified on this Oran. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by rise purchaser pursuant to this purchase order. bill most accompany invoice. Addoi mil charges for packing will not be accepted. Shipment Distance. Wbum manufacturer have distributing points in various pans of the country, shipment is expected f she rearm distribution point to dmiration, and excess freight will be, deducted from Invoice when shipments are made from grtmer distance. Peonim. Seller shall procure at sellers sale cost all necessary, permits, senificatex and licensee; renuiml by all applicable laws, regulation, ordiurn e, and roles of the state, municipality, remtary or Political subdivision where rise won is performed, or requited by my other duly constituted public authority having jurisdiction over she work of vendor, Seller fuller, agrees to hold the City Of Fan Collins hwmless from and against all liability and loss incurred by them by reason of an asserted or aablishM viaticum of any such laws, regulation, ordinances, min and nyairemens. Authorization. All ponies to this contract agree that the mratexnative, me, in fact, bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limis acceptance to the team and conditions sated herein set fans and any supplementary or additional icrant and condition annexed hereto or incorypmled herein by reference. Any additional err different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete sluiscom to pans, oa your promised delivery dam m noted. Time is of the essence. Delivery and perfamtance muss be, effemed wilhin the time sated on the purchase order and the documents attached hereto. No sets of the Isnrclessera including, without limitation, acceptance ofannul late deliveries, shall operate as a waiver Orli i, porm rims. In the event fany delay, the Purchaser shall have, in addition to other legal and equitable readies, the option affiliating 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 reasonable control and without its fault of negligence, such acts Of God, acts of civil art inhu ry authorities, governmental primoies, fires, strikes, found, epidemics, wars or toms provided thin once of the cxmditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended far the period ,quest to the time actually lost by reason ofihe delay. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller Or emmet nmaonforming or defective goods by is date to be agreed upon by the Purchaser and she Seller, and the Seller thereafter indicates its inability err unwillingness to comply, the Purchaser may muse rise work m be pert ed by the most expeditious means available to it, and the Seller shall Pay all cram msoconat with such won_ The Seller shall release the Purchaser and its contmnors of any tier fan all liabihl and claims of any attire resulting fiom the'Homuna ofsuch won_ This releme shall apply even in she event of fault of negligence of she party, released and shall extend to the directors, officers and employes ofsuch parry. The Sellers conuamal obligations, including waranry, shall not be deemed to In, reduced. in any way, became such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Wbena'er the Seller ¢ rrynired to use any deign, device, material or process covered by Imer, patent, trademark r copyright, she Seller shall indemnify and save harmless the Purchaser main any and all claims for infringement by reason of the use of such patented deign, device, mmmal w process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason fsuch infringement at any time during the prosamdon in after the completion of the work. In care said equipment, or any From thereof or the intended use of the goods, is in such suit held to component 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 in continue using said equipment or parts, replace the same with substantially qual but noninGm icing empirical, or modify it so it becomes noninGtnging. IS. MSOLVENCY. If me Seller shall become insolvent or baakmpt, make an assignmem for the benefit of creditors, porn a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by he rwithout liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller warrants that all goods, prides, materials and work covered by this under will conform with applicable The definitions of Isms used or the interpretation of the agreement and the rights of all parties hereunder shall be drawings, specifications, samples pedlar other descriptions given, will be fit for the purposes intended, and compared under and governed by the laws critic Sam of Colorado.USA. rt r pemed with the highest degree of care and competence In accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser la mrless from any loss, damage w expense which the The following Additional Conditions apply only in ca where the Seller is to pert rut work hereunder, Purclmser nay suffer or incur on account of the Sel lim breach of warranty. The Seller shall replace, repair or make including the services of Sellers Representative(s), on the premises crashers. goad, without cost to the purchaser, our defects or faults prising within one year or within such longer prod of 195ELLERS RESPONSIBILITY. time as may be prescribed by law or by the terms of any applicable womanly provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be moracenably delayed), recurring from imperfect The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, or detective work dune or materials fumishd by the Seller. Acceptance or use Of gods by the Purchaser shall not incase Of any accident, dntrummn Or injury to the work and., materials before Sellers final compleim and constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers acceptance, Complete rise work at Sellers own expense and to the satisfaction of the Purchasers. When materials liability hereunder shall extend t0 all damages proximately caused by the breach of any of the foregoing warranties . it egtup tom are finished by others fro installation or erection by the Seller, she Seller shall receive, unlad, or gamntees, but such liability shall in no event include loss of prints or loss of use. NO IMPLIED WARRANTY store and handle same at the site and become responsible therefor as though such materials and/or equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being fmishd by the Sella under the order. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chrages to legal team by written change order 5. CHANGES Be COMMERCIAL TERMS. The PumRaxr may make any changes to the terms, other than legal more, including additions to or deletions from the quantifies originally ordered in the specifications or drawings, by verbal or written change Order. If any such change Officers the amount due or the time ofperformance hereuMer, an egniable adjustment shall be made. 6. TERMWAT10NS. The Purchaser may at any time by written change order, monitam this agreement us so any or all portions of the goods then not shipped, subject to any equitable adjustment Woven the pates as; m any work or materials Nees in progress provided that rise Purchases: shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the guests and/or work, fro incidental in consequential damages, and that no such adjuammt be made in favor of the Seller wi16 respect 10 any gods which art the Sellers sadord stock. NO such mamiation shall relieve the Pmhmer or the Seller army ofsheir obligations m 1a my goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjnsttant muut Ise, assured within thirty (30) don from tom date she change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warnings slut all good sold bcreunder shall have been produced, sold, delivered and famished in arid .,It. with all applicable laws and regulations m which the goods are subject. The Seller shall execute all deliver such documents m may be assumed or effect or evidence compliance. All laws and Maritimes seasonal m be ncmpomtd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all coup and damages suffered by tho Purchaser m a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, bansfer, or convey this order, or any monies due or to become due hereunder without the Prior written consent of the other party. 10. TITLE. The Seller warrpms full, clew and unrestricted tide m the Purchaser for all easuipmms, materials, and items furnished in performance of this agreement, free and clear of any and all Item. restrictions, reservations, security interest encumbrances and claims of others. 18. INSURANCE, The Seller shall, at his awn expense, provide for the payment of workers compeaation, including «cupational disease bmefics, io its employees employed on or in connection with she work entered by this p nchax order, and/or to their dependents in accordance with the laws of the sale in which the won is to be done. The Seller shall also can, comprebensom general liability including, but rat limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, SSO0,000 for any one accident and property, damage limit pas accident of S400,000. The Seller shall likewise requite his contractors, if any, to provide for such mmpnsation and assurvarese, Before any of the Seller or his contractors employees shall do any work upon the premiss of others, the Seller shall famish the Purchaser wish a ccnificam than such comae romm) and insurance have been provided. Such certificates shall specify the date when such confirmation mod insurance have been prosided Such comficares shall specify doe dale when such compnmation and insurance expire. The Seller agrees that such compensation and insurance shall be malnaired until after the more wan is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility said liability for any and all damage, loss or injury of any kird or nature w'hamoever to persons or property camel by or resulting from the exemtion ofnfe were provided for in this purchase order or in cormenion herewith. The Seller will indemnify all hold harmless the Puchuer and my or all of the Purchasers cheers, agents and employees from and against any and all claims, losses, damages, charges expenses, whether direct or isolumai and whether to persma or property to which the Pro hnsn may h pm or subject by reason of any rat, ration, neglect, omission or default m the lsmt of the Seller, any of his cono-actors, or any of the Sellers or connotations officers, agents or employees. In ease any suit or other proceeding shall tic, brought against she Parchater, or iss officers, agents or employees at any time on account or by reason of any acs, action, regime, omission m default of the Seller of any of his contractors or any of its or their officers, agents or employees as oforesmil, she Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. chasga, mmmays fees and other expenses, any and all judgments mar may be increased by or obtained against she purebaser or any of its or their affirm, agents or employers in such suits mother pmcedings, ad in case judgment or other lien be plecal No or obtained against the pmperrty, ofhe Pmclax er, or said parties in or m a result airiness suits or other proudings. the Seller will in once caux she same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, furnish mod insml) all gards necessary, for the prevention of accidents, comply wish all laws and mgulmiom with regard to safety including• but without limitation, the Occupational Safety and Heald Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07RO14