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HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - PURCHASE ORDER - 9146726Fort Collins Date: 1111812014 Vendor: 102621 NEIGHBOR TO NEIGHBOR 1550 BLUE SPRUCE DR FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146726 1of2 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: 11/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I FY14 Housing Counseling 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 1 LOT LS 38,630.00 Total Pay terms net 30 days Invoice Address: �P] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions.Bys.mte the City of Fon Collins isexempt from sure and local taxes. Our Exemption Number is ILFUNWAIVER. 99-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Of ae Purchaser to insist upon strict awfotmancc of the terms and conditions hereof, failure or delay to Intcand Revenue, Denver, Colorado (ReE Colorado Revised Sa,ates 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 1p meet sped fications, either when shipped or due to defects of any of the warranties or obligations of this parcha a order and shall am be, deemed a waiver of any right of the damage in transit, may be attached to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof Of any of its rights or remedies as to any such goods, rtgandless instructions from the City of Fort Callus. of when shipped, received or accepted, as to any prior m subsequent default hereunder, err shall any purported am[ modification or tvcission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS arc subject to the Ciry of Fort Collins inspection as antis.]. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhonsid payment on the pan of the City of Fon Collins. However, it is to be undOw ad that FINAL Seller and rise Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion nfall applicable inquired inspection procedures. violations are in fact home by the Purchnew. Theretofore, forr good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tmrm. Shipments ..at ba F.O.B., City of Fart Collins, )oo Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating m the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight pmdaind or acquired by the Purchaser pursuant to this purchase ord, bill must accompany invoice. Additional charges for pecking will not be accepted. IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in serious pans of the country, shipment is If the Purchaser directs the Seller heartier rwxonforningm defective good by a date to be agreed upon by the expected tram the nearest distribution point to destination, and excess freight will be dNuaed from Invoice when purchaser and the Seller, and the Seller N asufler indicates its inability oe unwillingness to comply, the Purchaser shipments are made from grater do.. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cos. conami d with such work. Permits. Seller shall procure at sellers sole cost all necessary pmnio, certificates and licenses exquired by all applicable haws, regulations, ordinances and rates of the state, municipality, temtory 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 We City of Fort Collins hanmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, toles and requirements. Autlwrination. All Parries to this conune, agree that the representatives art, in fact, bow fide and posxss full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the It— and conditions sated herein set forth and any supplementary, or additional terns and conditions mmexed hereto or imarTm toed herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnediutely if you cannot make complete shipment to move an your Promised delivery date as noted. Time is of the essence. Delivery and pedormance man be a@card within die into sated on the purchase order and the documents attached hereto- No with of the purchasers including, without limitation, acceptance of Iractial late deliveries, shall attitude as a waver of this prevision. In the event of any delay, the Purchaser shall have, in addition to order legal and equitable remedies, the option ofplacing this order elsewhere and holding are Seller liable for damages. However, the Seller shall not be liable for damages as a resat, of delays due to causes not Wassumbly foreseeable which are beyond its reasoreble control and without its fault of negligence, such acts ofGmL acts of civil or rallhary authorities, govemmental miotrties, fires, stakes, flood, epidemics, wars or riots provided that ermine of the conditions causing such delay is given to the Purchaser within five (5) days man, 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 equal to the time zcmally lost by reamer of the delay. J. WARRANTY. The Seller wamnis that all goads, articles, materials and work coveted by this under will cant with applicable drawings, spoe fevers, samples anchor other descriptions given, will be fit for the purposes intended, and perfotmed with the highest degree of care mud competence in accordance with accepted standards for work of a similar store. The Seller agrees a hold the purchaser harmless from any ton, damage or expeme which the Purchou trey supper or incur on account ofthe Sellers breach of s, rmay. The Seller shall replace, repair or make good, without cost to the purchaser, any defects in faults arising within one (I) year or within such longer period of time as may be proscribed by law or by am .rats of any applicable warranty provided by the Sella rifle, the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or de@ctive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no, immediate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 1m all damages pmximaely caused by as, breach of any of the f going watmntie or guannmes, but such liability shall in an 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make say changes 1. the arms, other than legal mans, including additiom to Or deletions from the quantifies originally ordered in the specifications or &swings, by verbal or written change order. If any such change aBeco am amount due or the lime afawfinchouse hereunder, an equitable a Ptexa mt shall be trade. 6. TERMINATIONS. The Purchaser may at any time by women change ondtt, terminate this sentiment as to any in all portions of the goods then not shipped, subject to any equitable adjustment between else parties as to any work or materials than in progress provided that the Purchaser shall not be, liable for any claims for anticipated profits on the uncompleted portion of We 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 goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any grinds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thim (30) days from the date the change or .rmiretion is cndered R COMPLIANCE WITH LA W. The Seller warrants that all Ronde sold hereunder shall have each produced, sold, delivered and fumthed in steel compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execme and deliver such documents as maybe required to effect or 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 cost and damages sufered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfcr, in coavry this under, or any monies due or to became due hereunder without the prior wan en cottsent of the after panty. 10. TITLE. The Seller warrants full, clear and unmatched title to the Purchaser for all equipment, materials, end items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofmhers. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of de Way attached and shall extend to the direcmrs, officers and employees afsuch parry. The Sheller's command obligations, including mummy. y. shall tot be deemed to be reduced, in any way, because such work i5 rated or caused to IN performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark or copyright, the Set let shall indemnify and save homdes the Purchaser (runt 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 the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution in after the completion of the work. In case said equipment, err any part Hereof or the intended rise of the Shad, is in such stir held to vona mm infirma mein and the use of said extirpation or pan is enjoined, the Seller shall, at its own expense and a11. option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naainfnnBu&.quipment, or modify it so it becomes noninfci ing. 15. INSOLVENCY. If the Seller shall became insolent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or water, for any of the Sellers property or business, this under may forthwith be canceled by the Purchaer without liability. 16. GOVERNING LAW. The definitions of.. used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and govemed by flue laws ofthe State of Colosmi USA. The following Additional Conditions apply only in coos where the Seller is to perform work heremder, including the stokes ofgellers Represenutiods), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cat of nay accident, destruction Or injury to the week arWor materids before Sellers final completion and azcepuntt, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials mad equipment sure famished by others for installation or erection by the Seller, des Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials anchor equipment were being f chashcd by the Seller maker the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ex cepatiowl disease benefit, to Its employees employed on or in connection with the work covered by this purchase order, author to their dependents in accordance with the laws of the state in which the work is to be, done. The Seller sW ft also carry comprehensive general liability including, but not limited he conlmetual and automobile public liability insurance with balily injury and death limits of at least S300,000 for any one person, S50o,000 for any arm accident and property damage limit per accident of S40o,o00. The Seller shall likewise no uire his mataeto x' Harty, to provide for such compensation and hmtrance. Before any of flue Sellers or his contractors employees shall do any work upon ae premise of others, the Seller stall Earth the Purchaser with a certificate as, such compensation and imumnce have been provided. Such vindicates shall specify Ile, dam when such compensation and insumme have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mauained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury ofuny kind or ,ware whatsoever to persons, in property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers ofcers, agents and employces from and against any and all claims, losses, damage, charges or expenses, whether direct or indicted, and whether to persons or property to which the Fuminsser may be put or subject by remain of any am, action, tei omission or default on We pan of the Seller, any of his onwcom, in any of the Sellers or contractors officers, agent in employees. In case any suit or office proceedings shall be brought against the Purchaser, or its officers, seens or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his commcmrs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees a assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all unto, charges, attorneys f«s and other expenses, any and all judgments and may m incurred by or obmined against the Purchaser or any of its Or their aflicers. agents or employees in such auto Or other proceedings, and in case judgment or other lien be placed upon or obuued senior me property of the Practitioner, or said panics is or u a moult ofsuch suits or allow proceedings, am Seller will an once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller, and his contractors shall take all salary pommitiom, famed and instill all guard necessary for the prevention of accidents, comply wit all laws and regulations with regard to salary including, but without limitation, rise Occupational Safety and Health Act of 1970 and all rules and regulatiorsisrved purstant thereto. Revised 07R014