HomeMy WebLinkAbout422871 HOMELESSNESS PREVENTION INITIATIVE - PURCHASE ORDER - 9146727Fort Collins
Date: 1111812014
PURCHASE ORDER
Vendor: 422871
HOMELESSNESS PREVENTION INITIATIVE
503 REMINGTON ST, #207
FORT COLLINS CO 80524
PO Number Page
9146727 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: 11/18/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 FY14 HPI Rental Assistance
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@fogov.com
1 LOT LS
45,000.00
Total $45,000.00
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
I. COMMERCIAL DETAILS.
Tax exemptions, By statute the City of Fort Collins is exempt firm slate and local faxes. On, Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-61)00587 is egistered with the Collector of
Failure of the Purchaser a insist upon suict performance of the tams and conditions hand(, future or delay of
Internal Revenue, Denver, Calomdo (Ref. Colorado Revised Starurn 1973, Chapter 39-26,114 (a).
exercise any rights or remavlies provided herein or by law, failure to promptly nitrify the Sella in the event of a
breach, the wearmance ofor WMan for goods hereunder or approval othe design, shall not release rise Seller of
Goods Rejected, GOODS REI ECTED due to failure to meet specifications, either when shipped or due to defects of
any of the waranties or obligations of this pamb. other and shall not be deemed a waiver of any right of the
show, in marsh, may be returned to you for credit wd are not to be replaced except upon receipt of written
purchaser to insist upon strict performance haeofor any of its rights or remedies as to my such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or mbsequent default hereunda, nor shall any gowned
am[ modification or rescission of this purchase order by the Fortuna operate as a waiver of my of the terms
bsslteetim, GOODS me subject to the City of Fort Collins isabounion on arrival.
hereof.
Fiwl Acceptance. Receipt of the merchandise, movicas or equipment in response to this Order can fault in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
ewhorixed paymmr on the pan of the City of Fort Collin. However, if is to be understood that FINAL
Sella and the Poorhouse recognize tbm in actual m re practice, overcharges resulting from annual
ACCEPTANCE is dependent upon completion ofall applicable inquired inspection procedures.
violation are in but home by the Purchaser. Theretofore foor good cattu and u mmideatim for clearing this
pump order, the Sella hereby assigns to the Provisioner any sled all slower it may now have or hereafia
Freight Terms. Shipments most Is, F.OA., City of Too Collin, 700 Wood St., Fon Collins, CO 80522. unless
acquired under fMeral or sue fromart laws far such overcharges miming to the panic'ular goods or savices
otherwise specified on Nis wda. If pcamis'a n is given to prepay freight and charge mparesed , the odgiral freight
purchased or acquired by the Purchaser pursuant to this purchase, order.
bill most accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from do, neaio rest distrnif n polot to destination, and excess (might will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability a unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procoe at sellers sole cost all eta., peanuts, certificates and licenses maluiml by all
applicable laws, regulations, ordinances and mles of the state, municipality, memory or political subdivision where
the work is performed, or required by my other duty continent public authority having jurisdiction over de work
of vendOr. Seller fMer agues to bold the City of Fort Collin hmmless from and against all liability and loss
incurred by them by rearm of an warned or established violation of my such laws, regulation, continuous, mks
and rommore ah.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sward
herein sal both and my m,plenmmary or additional moms and conditions annexed hereto or incorpomted herein by
ufemare. Any additional or different terns and conditions proposed by seller we objected to and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
promised delivery date n nosed. Time is of the comwer. Delivery and perfanmmer mnr be effected within the time
stood on the Patches, We, and the doe.. aluched haeN. No outs of rise Purchasers including, without
limitation, mcepnwm ofportial late deliveries, shall operate n a waiver of flux provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and qualable remedies, the option of placing this order elsewhere
and holding the Seller liable for dosages. However, the Seller shall not be liable for damages as a result of delays
due to Owners not reasonably foreseeable which we beyond its eamrmble control and without its fault ofnegligeneq
such acesofGad, acts afeivil or military amhanties, ...I premiums. fires, strikes, food, epidemics, wars or
riots provided ohm norire of the conditions cursing such delay is given to the Purchaser within five (5) days of the
time when the Sella firm received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the permit equal to the time actually lost by reason oflhe delay.
I. WARRANTY.
The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples author other description given, will be fir for the purposes intended, and
Performed with the highest degree of cart and comperenm in accamanee with accepted standards for work of a
similar were. The Seller agues to hold the purchown hmmless from my I., damage or expense which rise
Purchaser may suffer of incur an.roan, of the Scl1m broach of uarmnty. The Seller shall replace, repair or crake
good, without.11. the purchase, my dc(mts or feels raising within ore (1) year or within such Imager mind of
time as may be prescribed by law Or by the moms of any ar,pliable, warranty provided by the Seller offer the date of
acceptance of the goods fomished heeunder (acceptation, not to be timmuorubly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this Truchas, ode, the Sellers
liability hereunder shall extend m all eamerges mannerly caused by the breach of any of the foregoing warranties
Or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puehncr may make changes to legal terms by wines change oNer
S. CHANGES IN COMMERCIAL TERMS.
The Purchnsa may make any changes to the is=, other man legal times, including commre an or deletions from
the quantities originally ordered in the specifications or drawings, by rated or wows change order If my such
change afteeu the...., due or the lime of,fo---berenode, an equitable vdjastmmt shall be made.
6. TERMINATIONS.
The Purchuer, may Of my time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable djustment between the ponies as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the good wd/or work, for incidental or consequential damages, and that no such adjntment be made in
favor of she Seller with arspen to tiny Good which are the Sellers samdard stock. No such term . shall relieve
the Purchaser or the Seller ofmy of their obligation m to my good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
A, claim far sd ua l mart be asserted within thisry (30) days form the dace the change or automation is
admad.
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods cold hereunder shall have ban produced, sold, delivered and fiunified in strict
compliance with dl applicable laws and regulation to which the good we subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
inc ulmouted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchuer harmless from all crisis and damages suffered by the Paclen er u a resuh of the
Sellers failure to comply with such low.
9. ASSIGNMENT.
Neither piny, shall assign, manor, or convey this color, or my mvein due or to become due hereunder wittiom the
prior wdnen consent of the other party.
10. TITLE.
The Seller oxi fll, clear and unrestrind ride to the Puehana for all equipment materials, and it. famished
I. performance of Nis agreement, free and clew of my and all lint restrictions, reservations, security Want
eaumbrances will claims i f others.
The Seller shall mt. the Purchssa and in, comforters of any tier (ran all liability nod elision, of my an.
resulting firm the Performance of such work
This release shall apply coon in the seem of fault of negligence of the party released aad shall extend to rise
directors, officers and employes ofsuch parry.
The Sellels contactual obligations, including w'arrwry, shall not b r doomed to be reduced, in any way, banner
such with is perfomfed or corned m be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required of use any design, device, material or process covered by leper, patent, trademark
or copyright, the Seller shall indemnify and save hmmlas the Purchaser from my and all claims for infringement
by reason of the use of such patented design, device, rotational 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
infdngenmm at any time during the prosecution or offer the completion of mm work. In case said muipmcnt or
any For therm( or the intended use of der goods, is in such suit held to mnstimle infringement and the use of
said equipment Or For is joined. the Seller shall, in its own expeme and at in option, either procure for the
Purchaser the right to continue using said ryuip new of post, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes comminuting.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of coeditors, appoint a
receiver or trustee for any of the Sellers property or business, this offer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition oftems wood or the interpretation of de agreement and the rights of all probes hereunder shall be
connuod atda and gpr med by fhe laws ofe Scone ofColomdo, USA.
The following Additional Condition apply only in cams where the Sella is or perform work heuwder,
including the smicm of SellcoRcpreuntarivas). on the premixes ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk unfit the mine is folly compined and concerned, and shall,
in se of my accident, destruction or injury to the work wNor materials before Sellers final completion and
acceptance, complete the work at Settees own expeme and to the satisfaction of the purchaser. When materials
and equipment are famished by others for involution or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor in though such materials and/or animism
were being burnisher] by the Seller under she order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefits, m its employees employed on or in connection with tlr work maned by this purchaxe order,
anNor to their dependents th sccmdance with the laws of the state in which the work is m be dorm. The Sella
shall also cony comprehemte, eer¢N liability including. but Out Iiminl an. contractual and automobile public
liability inumnce with bodily injury and death limits of at lead S] REM for my one person, SSogOW for any
one ocular and property damage limit pa accident of S400.W. The Sella shall likewise regain his
contractors, if any, to provide for such compeommon and announce. Before my ardor Sellers or his coutracnors
employees shall do any work upon the premises of others, the Seller Moll famish the Pancreases with a c rr ificem
that such compensation and insurance have been provided. Such ceni fates shift specify the date when such
conaticamnion card m tee have been provided. Such certificates shad specify [lie core when such onapensmian
and insurance expiresuPie Seller agrees that such compensation and insurance shall be maintained until offer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the retie reoponibiliry and liability for any and all damage, loss or injury ofany kind
or nnae whaumver to person or property caused by or resulting from the executive of the work provided for in
Nis ponfiase oiler or in formation he aria The Sella will indemnify and hold harmless the Purchaser and any
r all of the Pumhaers officers, agents and employees from and against my and all claims, Imses, damage,
charges Or expenses, whether dinner or indirect, and whether to person or property to which ale Purchaser stay
be put or subject by reason of tiny act, action, argon, omission or default an the pan of fire Seller, my of his
contractors, Or any of the Sellers or contractors officers, agents or employees. In foam, my suit or other
proceedings shall he brought against he Purchase, or its oRc rn. agents or employees at any time an account or
by not of my net, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees in 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 casts, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained againt the Purchaer or my of its or their officers,
agents or employers in such suits or oNer proceedings, and in case judgment or offer Her be placed upon or
obtained against the property of the Purchaser, or said parries in or at a result of such was or other pmmmffags,
One Sella will at onu cause the same to be dissolved and discharged by giving boom or otherwise. The Sella and
his conuactors Mal take all mfery interactions, fiunish and install all guard me., for the pm'cnfion of
accidents, comply with all lows and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and mgulmion Issued pursuand mono.
Revised Wall14