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HomeMy WebLinkAbout186415 TURNING POINT CENTER FOR YOUTH & FAMILY - PURCHASE ORDER - 9144836PO PURCHASE ORDER 914483er Page City of PURCHASE 44836 1 of z `t Collins( This number must appear v " on all invoices, packing sli s and labels. Date: 08/20/2014 Vendor: 186415 Ship To: CDBG TURNING POINT CENTER FOR YOUTH & FAMILY CITY OF FORT COLLINS DEVELOPMENT INC 281 N COLLEGE AVE 1644 S COLLEGE AVE FORT COLLINS CO 80521 FORT COLLINS CO 80525 Delivery Date: 08/20/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Wheelchair Lift 1 LOT LS 8,000.00 614 Mathews per agreement dated 8-12-14 Total $8,000.00 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 Pay terms net 30 days 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 Exact, Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchase to insist upon strict performance cribs 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 m promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure is 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 returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any cautioned oral modification or rescission of this purchase order by the Purchase operate as a waiver of any of the terms Inspection. GOODS are subject rk the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of me merchandise, service s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aifixer ed payment on the pan of the City of FoiCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Pirmhuser. Thereofore, for goad anus¢ and as consideration for execmiug this purchase order , the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Ffiz,m Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwise specified on this order.Ifpetmision is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accomnanv invoice, Additional charges for Packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from Greater distance. Permits Seller shall procure at sellers .Is cast all necessary pemtia, cmifirman vad licenses required by all applicable laws, regulations, ordinances and roles of the adore, municipality, money or political subdivision where the work is uniformed, or required by any other duly cnominated Public authority hexing jurisdiction over the work of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss cr rtcd by them by reason of an comirmid or established violation of any such laws, regulations, ordinances, tales .ad requirements Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority m and said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth end any supplementary or additional Xmas and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rijadcal, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately from around make complete shipment to naive on your promised delivery date as nailed Time is of the essence. Delivery and perfrmance mtat be effected within the time stated on the purchase order and the documents atached hereto. No acts of the Purchasers including, without Inhalation, acceptance of partial late deliveries, shall operate as a waiver of this provision In the event army delay, the Purchaser shall have, in addition to .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for domages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable carried and without its fault of negligence, such or, of God, acts of civil or military suthodfies, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice or the conditions causing such delay is given to the Purchase 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 for the period equal to the lime actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confrm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pgryoses intended, and performed 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 hamrless from any loss, damage or expense which the Purchaser may suffer or Incur on account of the Sellers breach Officiation, The Seller shall replace, repair or make good, without war to thepurchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law ar by the ... nes of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or marmots mmished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Execpt as otherwise provided in this purchase order the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrants or guamn.ees, but such liability shall in no event include logs of profits or lass of rise. 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 TERMS. The Pumhasran may make y changes o the terns, other man legal terms, including additions to or deletions from the quantities magirelly ordered In the specifications or drawings, by verbal or written change order. 11 any such change adieus, the amount due or the time of performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchase may at any time by wrinen change order, terminate this agreement as to cry or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on me uncompleted portion of dm goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stuck. No such rermindim shall ®Have the Purchaser or the Seller of eny of their obligations vs to any goods delivered haeundu. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect in evidence compliance. All laws 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 harmless from all costs and damages xn Rvd[ by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign rraref, or convey this order, or any monies due or m became due hereunder without the prior wriuen consenl of the other party. 10. TITLE. The Seller summers full, clear and unrestricted title to the Purchaser for all equipment, materials, and imms famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS - Ifthe Purchaser directs the Seller to correct nonconforming or defective goads by a dale m be agreed upon by the Purchaser and the Seller, and the Seller hemeatter indicates its inability or unwillingness to comply, the Purchase may cause the work to be performed by the most expeditious means available to u, and the Seller shall pay all vests associated with such work. The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch pan,. The Seller's contractual obligations, including warrants, shall not be deemed to be reduced, in any way, because such work is perfomed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is mr iad to use any design,device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save lamdess the purchaser from any and all claims Car infringement by reason of the use of such patented design device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infirm ent at any time during the prosecution or her the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to aonstiNle infringement and the use of said equipment or pan is eiijoined, 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 argon but noncritical, equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee Car any of the Sellers properly or business, this order may forthwith be canceled by me Purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the Who, mull parties hereunder shall be construed under and governed by the laws of me State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises ofoll er, 17. SELLERS RESPONSIBILITY. The Seller shop carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, deslmclim or injury to the work andor materials before Seller's fire[ completion and acceptance, eomplGe the work m Seller's own expense and to the satisfaction of the Purchase. When nwlerials and equipment are ftuviehed by others for installation or unction by the Seller, Bob Seller shall receive, un]oad, store and handle same at the site and become responsible therefor as though such materials harbor equipment were being famished by the Seller under the order. 18. INSURANCE The Seller shall, at his awn expense, provide for the payment of workers compensation, including occuptiicaal disease benefits, to its employees employed on or in connection with the work covered by this prmlase order, and/or to their dependents in accordance with the laws of the stark in which the work is to be done. The Seller shall also carry comprehensive general liability including, but tat limited to, contmcual and automobile public liability naom nce with bodily injury and death limit, of at least $300,000 for any one person. SSoo,0o0 It any one accident and pmpeny damage limit per accident of $400,000. The Seller shall likewise require his ontramon, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a c ntifcam that such compensation and ineurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and accurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and wilmIed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage loss or injury of any kind or nature whatsoever 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 hurmleas the Pami aseand any r all of the Ptuchvxen officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether in persons or property to which are Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any fime on account or by reasoa 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 be assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cash, charges, atbmeys fees and other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other Into be placed upon or obtained against the propety of me Purchaser, or said parties in or is a result of such suits or other proceedings, the Seller will at once cause the ounce to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety pmeartimts, famish and install all guards necessary for the prevention of ccidents, comply with all laws and regulmions with regard on safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 09@014