HomeMy WebLinkAbout120791 COMMUNITY FOUNDATION OF NO COLORADO - PURCHASE ORDER - 9146581Fort Collins
PURCHASE ORDER
Date: 1111012014
Vendor: 120791
COMMUNITY FOUNDATION OF NO. COLORADO
ATTN: STEPHANIE CASHMAN
4745 WHEATON DR SUITE 100
FORT COLLINS CO 80525
PO Number Page
9146581 1012
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/07/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 2014 Homeward 2020 Support
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
25,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax amorprome. By aware Me City of Fan Collins h exempt from state and local norms. Our Exemption Number is
98-04502. Federal Excise Tax Exemption CniOcme of Registry 84-6CW58] is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods RejmN. GOODS REJECTED due to failure to tr:eet specifications, either whin shipped or due to defects of
damage in transit, may v rerunud m you for credit and are not o be replazed exeepf upon receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival.
Final Acer,move, Receipt of Me m.handise, services ar equipment in response to this order as much in
authorized Payment on Me pan of Me City of Fan Collins. However, it is to be understood that FINAL.
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wrad St-, Fort Collies, CO 80522. unless
otherwise specified on this order. If parti rion is given to prepay freight and charge separately. the original freight
bill most accompany invoice. Additional charges for picking will ter varox,md.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be dNucrN from Invoice when
shipments are made from greater distance.
11. NONWAIVER.
Failure of Me Purchaser to insist upon strict pnformance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify Ue Seller in the event Of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of Me warranties or Obligations of this purchase order ard shall rot be deemed a waiver of any right of the
Feministic to iruist upon strict peffncoma ce harenfor any of is tighn or roadies as W any such goods, rtgazdless
of when shipped, received or accepred, as to any prior or subsequent default homemaker, nor shall any purported
oral modificalico or rescission of this purchase order by the Purchaser .,am, as a waiver Of any of the terra
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller aak the Purchaser recognve fro in actual rcorome practice, osurcharges rauart, from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and m consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sole antitrust laws for such overcharges Mining o Me particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser diners the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller hereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the walk to W performed by the most exprdait a means aoilmle to it, and the Seller shall Pay all
costs assodated with such work.
Pcnnirs. Seller shall procure et sellers sale cost all nmessary permits, cafifntes and licenses required by all
applicable laws, regulations, ordinances and roles ufdre state, municipality, tarimry or political subdivision where
the work is performed. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins barmless from and against all liability and loss
incurred by them by reason of an assured or established violation of any such lawn, regulations, oNiwmcs, to
mad requirements.
Aufmivation. All parties to this contract/ agree that the mpromoatives are, in fact, bona file and possess full and
omplde mmority to bind said parties.
LIMITATION OF TERMS. This parchue Order expressly limits i cerpmmx to the area and conditions stood
herein set forth and any supplemm sy m additional terms and conditions annexed hereto or incorporated herein by
maroce. Any additional or dilTcrennermn and conditions proposed by seller are tab CCl,d to and hereby lejmtd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout camoo make complete shipment to arrive on your
promised delivery dace an noted. Time is ofthe esscnre. Delivery and performance most be eRected within Me time
stated on the purchase order and the documents attached hemo. No acts of the Purchasers including, without
limitation, acceptance e, partial ti o deliveries, shall operate bl a waiver of this provision. In the event order
any delay,
the Purchase shall have, in addition a other legal and a Seller readies, the option of placing this reset elsewhere
oak t holdingMeSeller liable for damages hick[Involver, b the Seller shall not be liable for damages as a result of delays
due to noses rat reasonably for ordinary
which tie beyond its mac priorities
Wmml and without is (salt of negligence,
such acts of", nets ice oft or military oauliauthorities, goh delay is given
to h fares, strikes, Rood, five
(5) iaywars or
riots provided hot arnica re the received
knowledge
causing such delay is given to the Purchaser within lave delivery
days of Me
time when the Seller first received knowledge y lastthereof. In the event of any such slay, the dace of delivery shall be
exteakod for the period equal to Ur time wholly lose by moan affe delay.
3. WARRANTY.
The Sella varmints that all goods, asides, materiah and work covered by this order will conform with applicable
drawings, specifimtiom, samples andur other descriptions given, will be fit for the purposes initiated, and
performed with the highest degree of care and competence in accordance with accepted xtndrrds for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expeme which the
purchaser may suffer or barman accowr of the Sellers breach of wamnry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults rosin, within one (1) year or within such longer period of
time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the goals fiunished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective wmk done or Caroms famished by the Sella. Acceptance or ane of good by the Purchaser shall not
mmtitute a waiver of any claim under this warrant, Except as oferwise provided M this purchase order, far Sellers
liability hereunder shall extend to ell damages proxinnowly Caused by the breach of my of the foregoing waranties
or gnnran cos, but such liability shall in no event include lass of profs Or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchma may make changes to legal famous by warm change onder.
5. CHANGES IN COMMERCIAL TERh1S.
The Purchaser may make any changes fir the tams, other than legal terns. including additions to re deletions Item
the Coalition rngimlly ordered in the specifications or drawings, by vedxal or wiman change order. If any such
change officers file amount due ce the time of pafomance hereumer, An equitable adjustment shall as, made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to any or all Winans of the
goods then not shipped, subject to my equitable adjutmnt babsem Me parties as to any work or materials fen in
peas provided that the Purchaser shall rot be liable m, any, claims for anduopmed pmfs on the uncompleted
Panama of the goods anal work, for incidmml or consequential damages, and dal no such adjustment be made in
favor ofthe Seller with respect to any good which are the Seller standard stock. No such termination shall relieve
Me Purchaser or the Seller army oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment must be asserud within Marry (30) days from the date fe change or orientation is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wamnts that all goads sold heleuMa shall have been produced, sold, delivered and famished in start
Compliance with all applicable lows and regulations to which Me goods am subject- The Seller shall execute and
deliver such dacumns as may be required to effect or evidence compliance. All laws and regulation required in be
incorporated in agreements of this character are hereby Incorporated herein by this reference. The Seller agrees to
indemnify and hold Me Purchaser formless from all cots and damages suRaed by Me Purchaser az a result of Me
Sella failure to comply with such law.
%ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written cannot ofthe other Party.
IIf TITLE.
The Seller warrants full, door and umatricrad title to Me Purchaser for all equipment, materials, and items fumished
in performance of this agreement, free and clam of any and all liens, restrictions, reservations, security interest
encumbrances and claims of ofers.
The Seller shall release the Purchaser and its contracts of any tier from all liability and claims of any nature
resulting from the palonno we of such work.
This release shall apply eves in the event of fad, of negligence of Me tasty relcued and shall extend an the
dileaors, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed fo be reduced, in any way, because
such work is performed or caused to he performed by the Purchaser.
14. PATEr4IS.
Whenever the Seller is required to use any design, device, material or process Covered by letter, paint, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by mason of the use of such parented design, device, material Or process in connection with the contract, and
shall indemnify the Pamh:ser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prosecution or after Me Completion of the work. In cam said equipment, or
any pan thereof or the intended use of Me goods, is in such suit held to Constitute infringement and Me our of
said equipment or pan is enjoined, Me Seller shall, at its own expense and at its option, either procure for the
Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but
rmninfringing equipment, of modify it so it becomes nounfdnglng.
15, INSOLVENCY.
If the Seller shall become insolvent Or bankrupt, make an assignment for Me benefit of creditors, appoint a
receiver ar trustee for any of the Sellers property or business, this older may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions arteries usd or the hitryrettion offc agreement and the rights ofall panics hounder shall be
cnnsomed onder and governed by [be laws of tha Stale of Colorado, USA.
The following Additional Conditions apply only in uses where the Sella is to perform work hereunder,
including fr services of St llm Rulmsenotive(s), on the premises ofofem
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work mrNor mmmials before Sellers final completion and
acceptance, complete the work at Sellers own expeme and to the amisfacdon of the Purchaser. When manorial,
end equipment am furnished by others for instillation or election by Me Seller, the Sella shall receive, rotund,
store and handle same at the site and become respomible therefor as though such mmedals radar equipment
were being fumishd by the Sella under the order.
18. INSURANCE
The Sella shall, at his own expene, provide for the payment of work= compensation, including compatimul
disease benefit, to its employees amployed on or in connection with the work covered by this purchase order,
andbr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry Comprehensive general liability including, but not limited to, contractual and automobile public
liability iaurance with bodily injury and deaf limits of at least S300,000 for any one person, S500,000 for my
one azaidenf and property damage limit For ..deal of S400,000. The Sella shall likewise require his
emora rs, if any, ro provide for such Compensation and imurdnce. Before any of the Sellers or his Contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a emifierm
that such compensation and insurance have been provided. Such certificates shall specify the date when such
commemorator, and insurance have been provided. Such cenifcates shall sperifythe data when such compensation
and insurance expires. The Seller agrees that such compensation and ireumnce shall be mainlined .,it a0er fe
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Ile Seller hereby avumes Me so rapnmibiliry and liabilityfor any and all damage, loss Or injury of any kind
or mture whatsoever to pe. or property caused by or muhing from the exertion of lac work provided fro in
this purchase order or in onrmcdon herewif. The Sella will indemnify and hold hamdess the Purchaser and my
cr all of Me Purchasers offlom. agents and employees from and against any am told all claims, losses, daages,
harges or expenses, whether direct 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 On of the Seller, any of his
contractors, or any of Me Sella of contmcors Officers, agents or amployar. In case any suit or other
proceedings shall be brought against Ore Purchaser, or its officers, agents or employees Many time on account or
by reason of any act, action, neglav, omission or default of Me Sella of any of his contractors or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m
defend the same an Me Sell. own expense, to pay any and it Co., charges, ammeys fees and other expenses,
very and all judgmnts Char may be incurred by or obtained agar so Me Purchaser err my of its or Mail oldie.,
agents or employees in such suits or other proceedings, and f Case judgment or other hm be placed upon or
madnd agaireat Me property ofthe Purchaser, or said ponies in or m a result ofsuch suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, finish and install all guards necessary for the prevention of
accidents, Comply with all laws and regulations with regard to safety including, but without limitation, Me
Ocnpatiowl Safety and Health Act of 1920 and all miss and Cognomina issued pursuant thereto.
Revised 07a(314