HomeMy WebLinkAbout114267 UNITED WAY OF LARIMER COUNTY - PURCHASE ORDER - 9146844PO
PURCHASE ORDER 914684er Page
C117/ of PURCHASE
46844 1 of z
' `tCollins( This number must appear
v " on all invoices, packing
sli s and labels.
Date: 11 /21 /2014
Vendor: 114267
UNITED WAY OF LARIMER COUNTY
424 PINE ST #102
FORT COLLINS CO 80524-2421
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/21/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2014 Winter Shelter
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
Total
Pay terms net 30 days
Invoice Address:
10,000.00
Ir
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 statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Numbcr is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered wIN the Collector of
Failum "'five Purchaser to insist upon strict performance, of the it. and conditions hereaf. failure or delay, in
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any tights 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 ofthe design, shall not release the Seller of
Goods Rejecred, GOODS REJECTED due to fad lane to meet specifications, either when shipped or due to defects of
any of the w oomm, or obligo urns of this purchase order and shall not he deemed a waiver of any right of the
damage in haus t, may be returned to you for credit and are rant to he replaced except upon mcapt of written
purchasea to insist upon strict performance hereof., any of its rights or remedies a to any such goods, regardless
instructions from the City of Fon Collin.
of when shipped, reecived or accepted, us to my poor or subsequent default havander. Imo shall my purported
Orel modification or association of this purchase order by be Purchaser opens, as a waiver of any of the tames
Insptttical GOODS arc subject m the City afFon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, sardem or equipment in response to this order m result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the pan of the City of Fon Collins. However, it is to be understood thatFINAL
Seller and the Purchaser rxognice that in Moral a is practice, overcharges resulling from mtitms,
ACCEPTANCE is dependent upon complementing applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, forgoodcalla 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 Terms. Shipments must be F.O.B., City of Pon Collins, 700 Wood St., Fun Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the paricular goods or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser Formal to this purchase order.
bill most accomoanv invoice. Additional charges for tucking will not be memted.
Shipment Distance. Where manufictuma have distributing points to smactic, pans of the country, shipment is
expected from ❑a nearest dicadbu m pout to dealimrom. and excess freight will be &b.sca d from Mount, when
shipments are made man greater distance.
Pamirs. Seller shall precum at sellers sale ens, all eta., permits, cenifimtcs end licerssa restricted by all
applicable laws, regulations, ordinances and roles of the stale, municipality, to imry or political subdivision where
the work is petitioned, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller barber ngmes to hold the City of Fan Collins homile. from and against all liability and loss
immred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
rod regrimpras.
Authorisation. All garden W this contrast agree that the regresenmaives are, in fact, boar fide and possess full and
complete authority to bind said panda.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated
heroin set ford and any supplementary or additional moms and ambi as annexed hereto ar ioorpamted hemin by
teference, Any additional or diffam, ram¢ and conditions pmposcd by seller arc objected to and hereby,,jaded.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your
promised delivery data ns noted, lime is of the essence. Deliveryand performance most be erected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acculturate ofpanial 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 anal equitable mnedles the option of placing this oNer elsewhere
aM holding do, Sella liable for damages. However, the Seiler shall nut be liable for damages ss a result of delays
due so causss am remmighly foreseeable which are beyoM its rtasomble canhal and without its fault of negligence,
such ads of'God,acts.(civil or military nolumbes, gmsmmental pdooties,f s, strikes Rood, epidemics, wars or
hots provided fast notice of the conditions mining such delay is given to be Puchaer 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
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods articles, mmerials and work covered by this order will conform with applicable
drawings, specifications, samples =Xm other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accoNance with accepted standards fan work of a
similar nature. The Seller agrees to hold the pachaur harmless fmm any loss, damage or expense which the
Purchaser may surfer m incur a account oftheen Sellers breach of xvrmty. The Sella shall replace, repay m mils
good, without cost to der purchaser, my def is or faults eosin, within one (1) yar ar within such longer Faro! of
time as may be Inessential by law or by the terms of any applicable wmrenty, provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be mummumbly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
contribute a waiver of any claim under this wanmay. Except as otherwise provided in this purchase order, the Sellers
Iiabillry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but sash liability shall in no event include loss ofpmfts or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Federal may make changes to legal tames by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal leans, including additions to or deletions fmm
the quantities originally ordered in he specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperf ,mane hereunder, an arguable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by women change order, terminate this agreement a to any or all poniom of the
goods risen not shipped, subject to any equitable adjusmam taimen the panic as to my work or mntenals then in
progress provided but the Purchaser shall not be liable for any claims for anticipated pmOts on the uncompleted
portion of the goods and/or work, for incidrnal or cot exparn ial damages, rad Nan o such adjustment be made in
favor of the Sella with aspect to any, goods which are the Sellers standard stock. No such automation shall reline
the Purchaser or the Seller ofany of then.Miamians as 1. any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the dam the change or termination is
ordmed.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished f strict
dompliance with all applicable laws and regdations to which the goads are subject The Sella shall execua and
eliver such dommmts as may b, required to effect or evidrnce compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby ioorpamted herein by Nis reference. The Seller agrtcs to
indemnify and hold be Purchaser hacmless Farm dl costs and damages suffered 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 to became due hereunder without the
prior wrium cogent ofthe other party.
if. TITLE.
The Seller weri Bill, clear and moratrined fide N ria panache. for all popment materiels, and item fiunuhed
in p.formmce of this egmeemrnt free and clew of MY and all them, ravictions, reservations, savory intcaed
encmnbrraca and claims of others
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Unit Paalmom directs the Seller 10 correct marad'orming err def rive goods by a date to be agreed upon by the
Purchaser and the Seller, and Ne Seller Hereafter indiratu its inability m mosillingness m comply, the Purchaser
may rouse the work m be performed by the most expeditions mews available to it and the Sell. shall pay all
costs aso muted with such work.
The Seller shall release the Purchaser and its commcmrs of any tier man all liability and claims of my nature
resulting fmm the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
favors, officers and employees of such party.
The Settees contractual obligations, including wameay, shall not be deemed to be reduced, in any way, because
such work is performed or timed to ha performed by the Purchaser.
14. PATENTS.
Whrncver Ne Seller is required to use my design, device, material a process covered by Lein, patent, hademork
or copyright, the Seller shall indemnify and save Foamless the Purchser fmm my 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 Far any cost, expense ar damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to comtiNte infringement and the use of
said cauipment or par is enjoined, the Seller shall, at its own cepense and at its option, either prmum for be
Purchaser the right to continue using said tyuipment or parts replatt the same with substantially equal but
rwninfringing equipment, or modify it o it b..ms noninfringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bmskrupL make m assignment for the benefit of credicrs, appoint a
receiver or trustee for my of the Sellers properly or business, this order may forthwith the canceled by the
Purchaser wifoo, liability.
Irk GOVERNING LAW.
The definitions of terms mad m the intapreation ofthe agreement and the rights of all parties hereunder shall be
consumed under and governed by be laws of the Stare of Colamdo, USA.
The fallowing Additional Conditions apply only in cases where the Sella is to perform work haemsder,
including be sevices of'Seilers Represmative(s), as the premiss probers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is folly completed and accepted, and shall,
in case of any accident, destruction or injuy to the work surfer materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the antisfaction of the Purchaser. When materia s
and .l.i,.mt me furnished by others for installation or Martin by the Seller the Seiler shall receive, blood,
store and handle same at the site add become responsible therefor not though such materials and/or cgaipment
were being Founded by the Seller under the order.
18. INSURANCE
The Seller shall, at his own experts,. provide fan the payment of workers compensation imluding mcuatioal
duease benefits, on its employees employed on or in connection with the work covered by this purchase order,
Maim to their dependents in accordance with the laws of be state in which the work is in be done. The Seller
shall also carry mmprehmsive general liability including, but not limited to, commercial and automobile public
liability insurance with bodily injury and death limits of at leas, 5300,000 for any one person, $500,000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contracts, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall finish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cedifiata shall specify the date when such
compensation and insurance have been provided. Such cenificats shall specify the date when such compensation
anti insurance expires. The Seller agrees that such compensation and maximum, shall be maintained until after the
Main, work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the come responsibility and liability for my and all damage, loss or injury ofany kind
or nature whatsoever to person or property caused by or reaching from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of my tut, action, neglect, omission or default on the par of the Seller, any of his
contractors, or my of be Sellers or matmdars affairs, agents m employees. In eau any it or oNer
proceedings shall be brought against the Purchases, per its offans, agents is, employees at my time on account m
by reason of My act action, neglem, omission per default of the Sella of my of his contractors or my of Its or
their officers, agents or employers as aforesaid, the Sella heathy agrees to assume the defense thereof and to
defend be same at the Sellers own expense, to pay any and all costs, charges snomcys fees and other expanses,
my and 11 judgments that may be menaced by or obtained against the Purchaser nr any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said parries in or as a result of such subs or other proceedngs,
the Seller 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, famish and instill all guards necessary for the prevention of
accidents, comply with all lass and regulations with regard to safety including, but without limitation the
Occupational Safety and Haft Act of 1970 and all roles and random. issued Pmsuanl thereto.
Revised 07R014