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HomeMy WebLinkAbout110150 CATHOLIC CHARITIES NORTHERN - PURCHASE ORDER - 9146729PO PURCHASE ORDER 914672er Page City of PURCHASE 9146729 t of z tChis number must appear ` Collins' 1 on all invoices, packing sli s and labels. Date: 11/18/2014 Vendor: 110150 CATHOLIC CHARITIES NORTHERN ARCHDIOCESE OF DENVER 4045 PECOS ST DENVER CO 80211 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 Ordered Extended Price 1 FY14 CC Senior Services as contracted on 9/19/14 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 15,000.00 Total $15,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By smmre the City of Fan Collins u exempt form stare and local taxes. Our Exemption Number, is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certifies, of Registry 84-6000581 is regiyered with the Collector of Failure of the Purchase to insist upon snict performance of the temp and conditions hereof, failure or delay to Internal Revenue, Dime, Colorado (Ref. Colorado Revised Simon. 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due t. &faun of any of the —'an at bligations of this purchase order and shall not to deemed a waiver of any right of the damage in rearesit, may be moment to You for credit and are not 0 be, replaced except upon receipt of written purchaser in insist upon soon, performance hare for my of its rights or remedies in to any such good, regardless instmmons from the City of Fort Collins. of when shipped, received or accepted, as to my prim or subsequent default hereunder, nor shall my purported oral modification Or rescission of this purchase order by the Purchaser operate as is waiver of my of the terms Inspection. GOODS arc subject.. the City of F. Call. iropectim on arnvid factor. Final Acceptance. Receipt of the merchandise, services or amparneat in response to this coder can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized Payment on the pan of the City of Fan Collins. However, it is to be understand! Out FINAL Seller and the Purchasr nnagize Wet in actual c min practice, overcharges resulting from brilliant ACCEPTANCE is dependent upon mmpletim of all applicable required ianpntion procedures. violations art in fact home by the Forebear. Theremfore, for good cause and in consideration for executing his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Terms, Shipments must be F.O.D., City of Fan Collins, 700 Wood St, run Collins, CO 80522, unless acquired under federal or state antitrust laws for such ovcslarga relying to the particular goods m services otherwise specified on this order. If permission is given In prepay freight and charge sepamrcly, We original freight purehasad or acquired by the Pumhowerpursuant m Nis purchase miler. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where momfactmers have distributing points in various pars of the country, shipment is I fthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the raincoat from the names, disMbmion .in, to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and We Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc 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 procure at sellers sole cast .11 necessary permits, certificates and licenses required by .II applicable laws, regulations, ordinm¢es and rules of the state, municipality, umtory or politics] sunlivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor, Seller fuller a1 to hold the City of Fan Collins hind... from and against all liability and loss incurred by them by reason of an asserted or esublishod violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of We parry released and shall extend a the and requirements, dimcmrs, officers and employees ofsuch panty. Authorization. All panics to this contract agree that We representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits i ccepance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions amexed hereto or me porated herein by reference. Any acklum al or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou thereof make complete shipment o arrive on your promised delivery dare as rested. Time is nfhe essence. Delivery and pnformmce must be effected within the time stated on the purchase order and the documenn atnwhd herein. No acts of $e Purchasers including, without limitation, acceptance of partial late deliveries, shall operant as. waiver of Nis prionim. In the event of my delay, tM Purchaser shall have, in addition m other legal and equitable remdies, the option ofptnd, Ods other elsewhere and holding the Seller liable for damages. However, We Seller shall not be liable for damages as a result of delays due to causes rut rtasambly fraternal which aR beyond in ovesomble coral and witlrout its fault of negligence, such aces ofGd, acts ofeivil or military authorities, gmemmenul priorities, fires, strikes, Good, epidemics, wars or non provided that notice of the conditions rousing such delay k given m the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be ,standd for We peril egml to tha time actually lost by reason of We delay. 3. WARRANTY. The Seller warrants Nat all goad, articles, mammals and work covered by this order will conform with applicable drawings, spie fintions, rumples candler offer descriptions given, will W fit for the purposes intended, and performed with the highest degree of care and campemnce in zccoNmce with incepted standards for work of a imibu nature. The Seller is. to hold the purchaser harmless Gom any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of wThe e Seller shall replace, repair or make good, without cost to the purchaser, my defcn or faults arising within one (I) year or within such longer period of time as may be presedbed by law or by the terms of my applicable warranty provided by the Seller Brier the date of acceptance of the goods famished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of god by the Purchtser shall nut onstitute a waiver army claim under this warranty. Except as otherwise provided in this purchase ordcv the Sellers liability hereunder shall extend m.11 damages proximately cursed by We breach of any of the foregoing remains, or guarantees, but such liability shall in no evem include loss ofpmfls 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 rams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser —,make any ch nge-a In the temu. oOer than legal term, including rob itioru to or Mletions from the c,anlities originally ordered in the specifications or drawings, by verbal or written change order. If my such change offices the amount due or the time rfperfrnname hereunder, an amicable adjustment shall be, made. 6. TERMINATIONS. The Purchaser may at any time by wootten change order, terminate this agreement m to my or all portions of the good Wen at shipped, subject to any equitable a brannent between the parries as m any work or materiats tan in progress provided that the Norman, shall not be liable for any claims fen anticipated morn on the mmmpletN portion ardor goods andnm work, fen incidental or consequential damages, and that no such shorthand be made in favor of the Seller with rerp nt to any goods which — the Sellers stmdud sock. No such termination shall relieve the PurcGnsn or du Seller of any ftheir obligations m to any good delivered hereunde. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asaened within thiry (30) days Gom the date the change or termination is ardent. 8. COMPLIANCE WITH LAW. The Seller warrants but .II good sold hereunder shall have been produced sold delivered and famished in striat compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpamted in agreements of this chmader are hereby incorporated herein by this reference. The Seller again to indemnify and hold the Purchaser harmless from al I costs and damages saferd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or in become due hereunder without the prior written consent ofthe other pony. 10. TITLE. The Seller warrants full, clear and committed title to the Putchaser for all equipment materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrancer and claims crouton. The Settees contractual obligations, including summary, shall not be deemed to be reduced, in any way, because such work is performed or mused to hperformed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maten d Or process covered by letter, Patent,..&mark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infrngement by reason of the use of such patented be igm desire, notarial or pracess in connection with the contract, and shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason of such infringement at my time during We pmsecutiw in aaer the completion of the work. In rase said escarpment, or any pan therm! or the intended use of We good, ism such suit held to cositim a urn. amen and the use of said equipment or pan is firpmd, the Seller shall, at in own care. and at its option, eithe procure for the Purchaser the right to continue using said equipment or pans, replare the same with substantially equal but noninfringing equipment, or codify it so it becomes rwninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make m assignment for the benefit of creditors, appoint a receiver .r trustee for any of the Sellers property or business, this order may foMwiW he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement anal rise rights ofall pania hereunder shall be construed under and governed by the laws ofthe Scale ofColomdo, USA. The following Additioaal Conditions apply only in ones where the Seller is to perform work hereunder, including the services of Sellars Represomfiive(s), an We premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until We same is fully completed and accepted, and shall, in case of any accident, destruction or injury to We work and/or myedak before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and cquipment are famished by others for installation or martian by the Seller, the Seller shall rnci,a, unload, score and handle come at the site and become responsible therefor as though such materials aniVor equipment were being frmishd by the Seller under We order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefin, to its employees amployd on or in connection with the work covered by this purchase order, turbot to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also tarty comprelons ire general liability including. but not limited W. contractual and automobile public liability insurance wit bodily injury and death limits of at least $300,000 for my one Person, 5500,000 for my one cckind and propery damage limit per accident of 5400,O0o. The Seller shall likewise require his comments, if any, to provide for such courparoartion and insurance. Before my of [be Sellers or his contractors employees shalt do my work upon the premises of otters, else Seiler shall famish use Purchaser with a cenifican that such compensation and insurance have been provided Such cenifiander shall specify the date when such ompnmtion and insurance have been provided Such certificates shall specify the data when such crmpensatio and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aftn the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any but all damage, loss or injury ofany kind or mire what ever to person or property caused by or resulting (rain We execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless We Purchaser and any r all of We Purchasers officers, agents mad employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether W persons or property m which the Purchaser may Is, par or subjct by reason of any act action, neglect, omission or default on the pan of the Seller, any of his common, or my of We Sellers or onusctors officers, agents or employns. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employces at any time on account or by ramp of any act action, neglect, omission or default of the Seller of my of his contractors or any of in or their officers, agents or employees as 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 cost, charges, ammeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchase or any of its or their of ices, agents or employees in such suits or other proceeding, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, Or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving band or otherwire. The Seller and his contractors shall take all safety precautions, fmish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0)R014