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HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - PURCHASE ORDER - 9146725PO PURCHASE ORDER 9146725 Page CI�/Of 9146725 lofz ' `t Collins OI lints This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 11118/2014 Vendor: 102621 Ship To: CITY MANAGER NEIGHBOR TO NEIGHBOR CITY OF FORT COLLINS 1550 BLUE SPRUCE DR 300 LAPORTE AVE FORT COLLINS CO 80525 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price I FY14 Rent Assistance 1 LOT LS 25,284.00 as contracted on 9/19/14 2 FY14 Rent Assistance 1 LOT LS 5,647.00 as contracted on 9/19114 3 FY14 Rent Assistance 1 LOT LS 5,194.00 as contracted on 9/19114 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 Total $36,125.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'Permg and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Too Collins b exempt fmm scam and local taxes. Our Exemption Number is I L NONWAIVER. 9841,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is attracted wish the Collector of Failure of the Purchber to insist upon atria performance of the terra and mWait. ficul failure or delay an Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtb 1973, Chapter 39-26, 114 (a). exercise my rights or rnnedies provided heroin or by law, Rilum to promptly notify the Seller in the event of a breach, the martini ofor payment fro good hereunder or approsal ofthe design, shall not release the Sella of Goods Rejected. GOODS REJECTED due a failure to now, specifications, saltier when shipped or due to defects of any of ma wamntier or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be returned b you for credit and are not to be replaced except upon receipt of wnnm purchaser to insist upon strict performance harmfor my of its rights or remedies as to any such goad, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any puryoned cal modification or narration of this purchase orde by the Pmchaur operate ss a waiver of any of the term Inspection. GOODS am subject a the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be, maussmod thm FINAL Seller and the Purchaser recognize that in actual a is practice, overcharge resulting from aniitmst ACCEPTANCE is dependentupon completimofall applicable required inspection procedures. violations me in fact home by the Purchaser. Theretofore nfotgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it nary now have or hereafter Freight Terns. Shipments must be FRB., City of Fort Collins, 700 Wood St., peon Collins, CO 90522, unless acquired under fedeml or state antitmst laws for such overcharges relating to the ami ala, good or services otherwise specified on this order, if permission is given ro prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for parking will not be, rccepred. Shipment Distance. Whom manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution paint to destiblion, and exesss freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificata and licenses required by all applicable laws, regulation, ordinances and all of me stare, municipality, territory or political subdivision where the work is performed. or required by any other duly wassdmted Public authority having jurisdiction over the work of vend., Seller further agora io hold the Co, of Fort Collins harmless f end against all liability and loss incurred by them by rerun of an burned or of abbsbed violation of my such laws, regulations, colossi colas and acquirements. Authoritarian. All panic, as this..a, agree that Or representative is in fact, bona fide and possess Bill oral complete authority to bind said parties. LIMITATION OF TERMS. This Purchbe Order expressly limits acceptance 1. Ore corms and mndgm. stated herein set forth and any supplementary or additional terms and conditions annexed Facto or incorporated herein by reference. Any additional or dilTereat terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifynu cannot make complete shipment to active on your promised delivery data us noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pcniri late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays due to causes not reasonably f casemble which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts .(civil or military authorities, govemmmtal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sena fins received knowledge mermf. In the event of any such delay, the date of delivery shall be extended for the period equal 10 the time actualty last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mtm ds and work covered by cis order will conform with applicable drawings, specifications, sample, al other descriptions given, will M fit for the puryaus natures eel, and perfected with the highest degree of ®re and rompetance in accordance wida accepted standard for work of a similar minim. The Seller ngrtb to hold me purchaser hornless from any loss, damage or apeme which the Purchaser may suffer m incur on account ofthe Sellers breach o'wmranry. The Seller shall replace, repair or make good, without cost to the purchaser, any defaces or feWts arising within one (1) year m within such longer period of time as may be prescribed by law m by me emu' ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished heeunder (acceptance not to be unrmmnably delayed), resulting (ram imperfect or defmtive work done or materials famished by the Seller, Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under Nis warranty. Except 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 warranties or gamamees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by canon change order. 5. CHANGES IN COMMERCIAL TERMS. The, Purchuer may make any changes to me menus, older man legal terms, including aukh'iom to or delettom fmm the quantities originally ordered in the specifatiom or drawings, by verbal or written change order If my such change affects the amount due or me time ofperfommoce hereunder, an equitable adjustment shall Is, de 6. TERMINATIONS. The Purchaser my at on, time by written change tarter, harmonic Nis rgreermn, as to my or all poair. of the goods then not shipped, subject to any muimble adjmonen, bar amen the panic b m any work or marmots then in progress presided that the Purchase shall mi be liable for my claim for anticipated Profits on the uncompleted Portion of thc goofs ancor wog,, for incidental or consequential damages, and that an such adjustment be, made m favor of me Salle with mpec11. my goad which am me Sol standard stock. No such nomination shall relieve the Purchaer or the Seller army of dour obligations b to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the dab the change or mnnioation b ordered. 8. COMPLIANCE WITH LAW. The Seller warants that all good 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 ss may be required to dies or evidence compliance. All laws and regulations required to be incorporated in agmements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Final fmm all costs aM damage, mifemd by the Purchaser as a result of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither parry shall amigo, transfer, or convey this order, m my monies due or to became due hereunder without the Prior wrinen consent ofine other may. 10. TITLE The Seller .,a full, clam and unmfned file b the Ptachsser for all equipment, rnatmah, and item Bimished n performc reem of this agent. free and clear of any and all diem, moratorium, rtsenat me. secunry mremt mcumbomcrsand claim of omers 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimes the Seller to correct nonconforming or detective good by a date b be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imuliry or unwillingness to comply, the Purchaser may cause the work to Na performed by the most expeditious means available to it, and the Seller shall pay all carts humored with such work. The Seller shall release the Purchmcr and its contractors of my her fmm all Imiliry and claims of any mutre tesuhing from the pert ofsuch work. This rel. shall apply aen in the event of fauh of it'lig-ce of the pony released and shall extend as the directors, dfir. and amployas of such may. The Sellers contraaad obligation, including warranty, shall act be demand to be ordered, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required an ose any design, deice, material or process covered by lever, patent, landmark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by ream of the use of such patented design, device, material or 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 reamn of such infringement at any lime during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninMnging equipment, or modify it so it becomes aaninfn'nging. 15. INSOLVENCY. If the Selltt shall became insolvent or bankrupt, make an assignment for the bent, of creditors, appoint a araiver or bustce for any of the Sellers properry or business,ma ,his order y fordwith he canceled by me Pbchbe without liability. 16. GOVERNING LAW. The definitions of arm used or the imnpremtion ofthe movement and rat rights ofall panic Formal shall be cousvued umdar and governed "a laws of the State ofColornat USA. The following Additional Conditions apply only n taus where the Seiler u W par wog, harewdm, including me services of Sellers Reaesenmtivejs), on me premises ofo l as. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Selle/s own risk until the same is fully completed and accepted, and shall, an case of any accident, destruction or injury to the work anchor materials before Settees final completion and mcepmnce, complete the work at Seller's own expense and to me satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall bereave, unload, stare and handle same at the site and become responsible therefor b though such materials author equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational discus, benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe smte in which the work is to he done. The Seller shall also carry mmprchemive general liability including, but col limited to, con,ruc,ual and cosew ile public liability insurance with bodily injury and death limits of at lent 5300,000 for any one parson, $500,000 for any accident rod property damage limit per accident of 5400,000. The Seiler shall likewise mquire his contractors, if any, to provide for such comp -ration and imtuvue. Before my of fire Sellers or his contractors employes shall do any work upon the premises of omers, me Sally shall Entrench the Purchaser wins a cenifiram that such compensation and minimum have ban provided. Such artificstn shall specify the date when such wmpamtion and insurance have been provided Such cerdfiates shall specify the date when such compnmtiw and insurance expire. The Seller agree that such compensation red immanno shall be mainmimd until after me —tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim responsibiht, and liability for any and all damage, lens or injury of any kind or nature wharsoever to persons or property caused by or reading from the execution of the work provided for in this purchase order or in automation herewith. The Seller will indemnify and hold Harmless the Purchaser and my r all of he Purchasers officers, agents and employees form and against my and ell claims, losses, damages, chances or expenses, whether direct or indirect, and whether b persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his controdub, or any of the Sellers or contractors oRcers, agents or employees. Inc any stir a other proceedings shall be brought against the Purchaser, or its olicen, agents or employes at any time oa account or by reason of any act, radian, medical, omission or default of me Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agees to assume to defense thereof and an defend the same at the Sellers own expense, to pay any and all costs, charges, auomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchbtt or my of its or their officers, agents or employers in such suits or other proceedings, and m cars, judgment or other lien he placed upon act obtained against the pft my of the Purchaser, or mid ponies in or as a molt of such suits or omtt proceedings, the Seller will at once cause the mine to be dissolved and duchagW by giving bond or otherwise. The Sella and his mniraaors shall take all mfery pmautions, famish and immll all guard necamry for me prevention of accidents, comply wins all laws and regulations wins rcgurd to safety includin, but without limitation, to Occupational Safety rod Health Act of 1970 and all cola and regulafmm issued pursuant thereb. Revised 07R014