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HomeMy WebLinkAbout540713 COMMUNITY STRATEGIES INSTITUTE LLC - PURCHASE ORDER - 9144951Fort Collins PURCHASE ORDER Date: 08/2712014 Vendor: 540713 Ship To: COMMUNITY STRATEGIES INSTITUTE LLC PO BOX 140387 EDGEWATER CO 80214 PO Number Page 9144951 1of2 This number must appear on all invoices, packing sli s and labels. CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 08/27/2014 Buyer: ED BONNETTE Note: PER 7663 HUD CONSOLIDATED PLAN CONTRACT AWARD TO CSI. Line Description Quantity UOM Unit Price Extended Ordered Price I HUD 5 Yr Consolidated Plan 1 LOT LS 11,363.00 2 HUD 5 Yr Consolidated Plan 1 LOT LS 28,612.00 Total $39,975.00 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.00m 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. COMMERCIALDEfAILS. Tax exemptions. fly statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificao of Registry 84-W00587 is registered with the Collector of Failure of the Purchaser to insist upon treat performance of the terms and conditions hereof, failure or delay to Internal Revenue, Trusts, Col..& (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 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 to Eaton, to meet specifications, either when shipped or due to defecu of any of the warrenties or obligations of Nis purchase order at shall rat be deemed a waiver of any right of the damage in mmil, may be returned to you for credit and art not to he replaced except upon trial of written purchaser to insist upon strict performance ben for any of irs rights 0, remadies m many such goods, regardless incerra dons Gom the Ciry off.. Collins. of when shipped, received or accepted, as to any prior or subsequent default becaunden nor shall my puryanN oral modification or rescission of this purchase order by the Parchazer operate in a waiver of any of the terns Inspection. GOODS are subject to the City of Fun Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response o this order can rwulf in Ed. ASSIGNMENT OF ANTITRUST CLAIMS. authorized Functional on the pan of the City of Too Collins. however, it is to he understood that FINAL Seller and the purchaser recogniu that in acwal cois practice, overcharges resulting fom anliaml ACCEPTANCE is dependenl upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as cansidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heceafer Freight Terms. Shipments must be ROM., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or some antitrust laws for such overcharges relating to the particular goods or services otherwise ,refund on this orderdraconian. is given to prepay freight and charge separately, the artificial height purchased or.¢quired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for Packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have diddbming founom vaimmor,eans ol'the country, shipment is If be Purchaser directs the Seller to comen nonconforming or defective goods by a date to No agreed upon by the expected from the nearest distribution Point to destitution, and excess freight will be daduacd Gom Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness o comply, the Purchases shipments are made from greater diaranee, may came the work to be performed by the most expeditious mean available to it, and the Seller shall pay all .. assacimed with such work. Permits_ Seller shall procure a1 sellers sole coal all neeremy pemtits, certificates and Frames required by all applicable lax.,....lo me, ordinances and tales ofthe state, municipality, territory or political subdivision where the work is perfmmnl, or required by any other duly conmiolesl public authority havingjuriss iction over the work of vendor. Seller father agrees to hold the City of Fan Collins fiarmless from and against all liability and lass reed by them by reason of an asserted or established violation of any such laws, regulations, on immces, rules incurred nd requiretaems. Authorization. All pta m this contract agree that No representatives are, in fact, bona fide and possess full and omdete amhunry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits are,., 1. the Ittins and condiums, soled herein set Each and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional ter dlRerem tomes and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURC14ASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is of be essence. Delivery and peformmce mot be effected within the time stated an the purchase order and the documents attached hall No aces of the Purehmers including. without limitation, acceptance of partial late deliveries, shall operate an a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and culpable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable tin damages as is recall ordains due 1. causes roe onome bly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acu aimed m military authorities, governmental prionties, fires. sldkes, flood, epidemics, wars or rich provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tins, when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be, extended fir the p 'al equal o the time actually Ins, by reason ofthe delay. 3. WARRANTY. The Seller wamnts 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 for the pu mi intended, and performed with the highest degree of care and compelence in accordance with acceptd standard for work of a similar nature. The S,IIer agrees o hold the purchaser hamless from any loss, damage or expense which the PumM1sser may surge, or incur an amount of the Sellers breach of wamnry. The Sella shall replace, repair or rake good, without cost to the purchaser, any defects or faults ansing within one (I) year or within such longer period of time as may be presctibed by law or by the arms of any applicable wemny provided by the Seiler after the rime of acceptance of the goods famished hereunder (acceptance not to be unrmsmably delayt), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not orchatete a waiver of any claim under this womanly. Except as otherwise provided :n this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmness or gumam,cs, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS MR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchase, may make changes to legal tame by wna-change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the other the tes, but legal cameo, Including mums m to or deletions from the quantities originally ordered in the specifications or donsings, by verbal or written change order. If any such change affects the amount brain the time of Performance hereunder. an equitable adjustment shall he ram&. 6. TERMINATIONS. The Purchaser may or any have by written change order, mm,inate this agreement m to any or all ponime, of the goads then not shipped, subject to any club], adjmtment between the ponies m to any work or maledes than in progress pn ivied than the Purchase, shall not be liable for any claims far anticipated ports on the uncompleted Fusion of the goads and/or work, for incidental or commercial damages, and that no such udjumnan be made in favor of the Seller with reset to any goods which are the Sellers standard stock. No such uncommon shall cal lose ,he Purchaser or the Seller of any of than obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim ter adjustment must Ix asserted wi0dn thirty (30) days from be doe the change or tecmination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold oriental shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regula arm as which the goods are subject. The Seller shall execute and deliver such dommgn in may be report as effect or evidence compliance. All rawa and regulations required to be ncoryomted at ogrecmers. of this character are hereby iacmpomted harem by this reference. The Seller agrees 10 indemnify and Mid be purchaser hamless from all an and damages salfend by be Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, brusher, or convey this order, or any monies due or to become due hereunder without the prior written consent tribe other party. 10. TITLE. The Seller warnings full, clear and o reeslricted title m be Purchaser for all equipment, matena6, and items famished in perform a of Nis agreement her and clear of any and all tiers, rstndions, r6e 1mare, wcunry interest membranes and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any amre resulting Iiom the performance ofmch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pang. The Sellars wnmctal obligations, including warranty, shall not be demand to be reduced, in any way, became such work is performed or caused to be reformed by the Purchaser. 14, PATENTS. Whenever the Seller is required m use any design, device, material or process covered by letter, patent, trademark or eopyrighl, the Seller shall indemnify and save fiamless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify be Purchaser for any cast, expense or damage which it may be obliged to pay by crown of such management at any time during the pmsnartion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such and held to conmimm inGngemem and the use of said equipment or pan is enjoind, the Seller shall, at its own expense and in its option, either procure fir be Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing artificial, or modify it an it becomes encouraging. 15. R SOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or tmaler for any of the Select propery or business, this aMe, may forthwith he amealed by the purchaser with no liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the nghls of all panics hereunder shall be announced under and governed by the laws ofthe Sam of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Rryrtsenotive(s), on the pearrom cranium. 17. SELLERS RESPONSIBILITY, The Seller shall arty on said work in Sellars own nsk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work =War materials before Sellers final completion and acceptance. complete the work at Seller's own expense 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 became responsible therefor as though such materials and/or equipment were being famished by the Seller under the under. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of wodcrs compemmion including occupmioal disease benefits, to in employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is an be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one pence, $50soIX10 for any one accident and property damage limit per accident of S40g000. The Seller shall likewise require his contractors, if any, to pmnde for such eomP ccatiun and imurnm e. Before any of vim Sellers or his contractors employers shall do any wars, upon the premises of ethers, the Seller shall f ish the Purchaser with a ttnifieste that such compensation at insurance have bon provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such cenificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until all,, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller booby assumes the entire responsibility, and liability fin any and all damage, Ioss or injury of any kind or reduce whatsoever in pavers or property caused by or resulting from rite execution ofNe work provided for in this purchase order or in connection herewith The Seller will indemnify at held harmless be Purchaser add any r all of the Parthmers efforts. agents and employees from and against any and all claims, losses, damages, charges or expenses, whither direct or indirect, and whether to pans or property to which the Purchaa may be at or subject by reason of any act, action, neglect, omission or defeul, an the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought agaial the Purchases, or in officers, agars or employees at any time on account or by yawn of any at, action, neglect omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employers as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all cons, chages, attorneys fees at other expenses, any and all judgments but may he incurred by or obtained against be Purchaser or any of its or their officers, agents or employees in such suits or other procetings, and in case judgment or other lien be placed upon or abound against the property athe Purchaser, or said panics in or as a result of such suits at other prenatings, the Seller will at once cause the same to be dissolved and discharge by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install ail guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitaion, the Occupational Safety avd Health Act of 1970 and all tales and regulations issued Formal thereto. Revised (IM014