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HomeMy WebLinkAbout540713 COMMUNITY STRATEGIES INSTITUTE LLC - PURCHASE ORDER - 9144951 (2)PO PURCHASE ORDER 9144951 Page CI�/ of PURCHASE 44951 1.12 Flirt Collins( his number must appear '.-\V`I ` V 1 1�7 on all invoices, packing sli s and labels. Date: 09/12/2014 Vendor: 540713 Ship To: COMMUNITY STRATEGIES INSTITUTE LLC PO BOX 140387 EDGEWATER CO 80214 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 a HUD 5 Yr Consolidated Plan 1 LOT EA 11,363.00 acct # update CHANGED ACCT # PER W. BRICHER EMAIL DATED 9/11/14. -ECB 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 I. COMMERCIAL. DETAILS. Tax exemptions. By statute the City of Fun Collins is exempt firm state and fecal taxes. Our Exempfic n Number is 98-04502. Federal Excise Tax Exemption Connotes of Registry 84-6000587 is regi laom with the Collector of Barnett Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39 26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in venslt may be rewned to you for credit and arc .11. be, registered eaep, upon receipt of wnuen instmc ome, from the City of Fort Collins. Inspection. GOODS are subject to the City of poor Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, servicesor equipmentresponse in to this order can result in authorized Paymenl on the pan of the City of FoCollins. However, it a to be understood that FINAL ACCEPTANCE is dependent upon completion moll applicable required inspection procedures. Freight Terms. Shipment mnst be F.O.U., City of Fort Collins, 700 Wood St. Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various puns of the country, shipment is expected from the nearest distribution in, ro destirmlon, rad excess freight will he deducted from Invoice when stdpment are made from greater dism=e. Permit. Seller shell possme at milm sale cast all necessary permits, ttnifentes and licensa natural by all applicable Laws, regulations, ordinsims and roles of the sum, municipality, territory or Political subdivision where the work is performed, or required! by any other duly constituted public authority having jurisdiction aver the work Of vendor. Seller fumhm agrees to Fuld the City of pod Collins hamdss from and ngrund .11 liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, ales and Ou,nnerrents. Authorica an. An Parties to this compact agree Out the representatives al in fact, point fide and possess fan and complete authority 1. bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein se, forth and any supplementary car odditicnal terms end conditions a=axed hereto or incorporated herein by reference. Any additional or different mans and wnditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as rated. Time is of the essence. Delivery and parmrmrace must be effected within the time stated on the purchase order and the do ro me, attached hereto. No act of the Purchasers including, without limitation, twe'are, of partial late deliveries, shall clause, as a waiver of this provision. In the runt ofany delay, the Purchaser shall have, in addition to other legal and goitahle remedies, the option mi placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall om be liable For damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable counsel and without its fault of negligence, such am of G W, acts of civil or military auahori ies, peonamemul priorities, fires, strikes, flood, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to the Pa rm r within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay. the dam of delivery shall be extended for the period at I. the time m u lly lost by reason arm delay. 3. WARRANTY. The Seller warrants that all goads, articles, matmals and work covered by this order will cunf xon with applicable drawings, specifications, samples rather the, descriptions given, will be fit for the purposes intended, and perfoamol with the highest degree of care and competence in accordance with accepted standard for work of a radar =lure. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumbaser, may suffer or amor on account of the Sellers breach of wavanry. The Sella shall replace, repair or make good, without cost to the purcbamr, any defect or fault arising within one (I) year or within such longer pmnd of time as may be prescribed by law or by the tears of any applicable memory provided by the Seller after the date of somptrace of the good famished hereunder (acceptance not a be u exam=bly delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately round by the breach of any of the foregoing warwnties or guarantees, but such liability shall in no event include loss of profit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhater may make changes to legat I— by am. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms, other than legal teats, including oddi,ions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. 11any such change appears the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrnen change order, terminate this agreement as to any or all pennons of the goods then not shipped, subject to any equitable minimal between the parties as to any work Or nationals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted unions of the goods and/or work, for incidentol or consequential damages, and that no such w1juvallin be nude in favor of the Seller with respect at any 6cmds which are the Sellers standard stock. No such marru=tim shall relieve the Purchaser or the Seller ofany oflai, obligations a to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or hourinali.n is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shot[ have been produced, sold, delivered and Smashed in mitt compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such document as may be, requital to effect or evidence compliance. All laws hard 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 brmard. from all cases and damages suffered by the Purchaser u a recall of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior woven consent of the other prey. 10. TITLE. The Seller wart=. full, clear and p remised title to the Purchaser for all usumm m , materials, and it. fumished in pariffornmence of this agreement free and cicu of any and all liars. restrictions, reservations, secunry interest emctmbrances and claim,.fathers. 11. NONWAIVF.R. Failure of the Purchaser to insist upon inner performance of the tames and conditions hereof, failure or delay I. exemiss any rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of breach. die acceptance for payment fen goods hereunder or appui ofthe design, shall act release the Seller of any of the wunanties W obligations of this purchau order and shall at b<damed a waiver of any right of the purchaser to insist upon strin performance have for any of it right or remedies as to any such grad, regardless of when shipped, received or accepted, us to any print or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the seen¢ hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Enrchssa rtcagn¢e Out in count economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good owns, and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafier acquired under federal or sum minimal laws for such nomination relating to the particular goods or services purchaud or acquired by the Purchaser puromm or this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pamhser direct the Seller to correct nonconfomting or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingoess m comply, the Purchaser may cause the work to be, performed by the mas, expeditious on. available as it, and the Seller shall pay OR ross acsociared with such work. The Seller shall release the Purchaser and i,, contractors of any net fiom all liability and claims of any = am rerfinag from the performance ofsuch work. This release shall apply even in the event of fault at negligence of the party released and shall extend to the director, officers and employers ofsuch part'. The Sellers comex mal obligations, holding warranty, shall not be domed to he Merced, in any my, Same, mob weak is p� rmN or wined 10 be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to rise any design, device, material or process covered by loner, patent mrdemod or mpydghl, the Seller shall indemnify and save hmmless the Purchaser fmm any and all claims for infringement by nome n of the use of such patcated design, device, material or process in connection with the contract, and shall indemnify the Purchuor for any cost expense or damage which it may be obliged m pay by reason of such infnngamen, at any time during the prosecution or after thc completion of the work. In case said equipment or any Pont thereof or the amended use of the goods, is In such Sur held to consbmm inongemem and the use of said gOi,.l or part a enjoined, the Sella shall, a, it own e.p,— and m 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 aminfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or baakmpt make an assignment for the ben du of creditors, appoint a receiver ar Room for any of the Sella property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of o m s used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed ends vad gpron ed by he laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, includingtha services of Sellers Repreeentimme(s), on the premises cinders. 17. SELLERS RESPONSIBILITY. The Sell,, shall carry on said work at Sellers own risk until the same is fall, completed and acroetat, and shall, fir case of any accident, destruction or injury M the work and/or materials before Sellers final completion and acceptance complete the work at Sellers awn 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 become responsible therefor as though such materials =Nor equipment were being fumished by the Sell,, under the other. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of works compcnutimt including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase order, will to their dependent in accordance with the lane of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited a, contractual and automobile public liability insurance with bodily injury and death limit of in least S30gp00 for any one paroon, $500,000 for any one accident and property damage limit per accident of $400,051 The Seller shall likewise require his contractors, if any, to provide for such onmpoesation and insurance. Before any of the Sellers or his contractors employees shall do any weak upon the premises of makers, the Seller shall fumah the Purchaser with a ceniftw,e that such compensation and announce have been provided Such ceaiftmtes shall specify the date when such immurement and i=a once have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrca that such compemn,lon 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, loss or injury ofony kind Or =ere whms«ver to persons or Immunity, caused by in resulting from the execution ofm work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold Invaders the Fireboat and any r all of the PurchasersofTcm, agents and employees from and against Pay and all claims, losses, sli ppages, charges or expenses, whither dime, or indirect, and whether to persons or property to which the 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 contractors officers, agents or employees. In can any suit or other proceedings shall be brought against the Purchaser, or its o1Rcm, agent or employees at my time on account or by reason of any act action, neglecl, omission or default of the Seller of any of his ...arm or any of it car their onion,, agens or employecs as aforesaid the Seller hereby agrees to wa me she deface thereof and to defend she sane at the Sella own expense, to pay any and all cast, charges, mmmeyx fees and he, expenses, any and all judgmms that may be incurred by or obtained against the Purchaser or any of it or their officers, agent or employees in such suits or other promedings, and in case judgment or other lien be placed upon or Obtained against the progeny ofhe Purchase, or said ponies in or as a result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors rs shall take all safety precautions, famish and install all grad necessary for the prevention of accident, comply with all laws and regulations with regard to sabers including, bur without limitation, the OccuWiio=I Safety and Health Act of 1910 and all rules and regulations issued paromaat dromm. Revised 01RO14