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HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - PURCHASE ORDER - 9146901Fort Collins Date: 11/25/2014 Vendor: 102621 NEIGHBOR TO NEIGHBOR 1550 BLUE SPRUCE DR FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146901 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price t FY14 Homebuyer Education 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 12,000.00 Ell Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCAV. DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt rut shire and local taxes. Our Exemption Number is 98-04502. Federal Excem Tax Exemption Certificate of Registry 84-61100587 is registered with the Collector of 11. NONWAIVER. Failure of the Purchaser no insist upon strict performance of the tema and conditions hereof, failure or delay to Iammal Revenue, Denver, Colorado (Ref. Colorado Revised Stamta 1973. Chapter 39-26,114 (a). exercise any rights m remedies provided herein or by law, failure m promptly notify the Sella in the event of a breach, the acceptance ofor payment for guests hereunder or approval ofthe design, shall not release the Seller of Goods Rejemal, GOODS REJECTED due to failure to meet specifications, either when shipped a due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in arearm, may be, returned to you for credit and are not to be replaced except upon r.cipt of written purchamr to insist upon strict performance hereof., any of irs rights or remedies. to any such good, mgmdlas i.vuctaom from the City of Fon Collins. of when shipped, received or oriental, as to any prior a subsegnat default hereunda, nor shall any purpond Orel modification or rescission of this purchase order by the Purchase, op,mte as is weive, of any of the teem Inspection. GOODS are subject to the City of Fort Collins impaction on arrival. hereof. Final Acceptance. Receipt of the mcmhandiss, services or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL Sella and the Purchaser recognize Nat in actual economic practice, overcharges resulting from without ACCEPTANCE is dependent upon completion of all applicable required inspection pmcdures. violation are in fact fame by On, Purchaser. Thaerfrce. for good ause and as consideration fen concerning this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hove or hereafter Freight Temn. Shipments most to BOB., City of Fort Collins, 700 Wood SL, Fort Collim, CO 80522, unless acquiral maker federal or smte antitrmt laws for such overcharges refining to hie particular goods or services othmvise specified on Nis order. If pemrission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this porchese, ord, bill must accommov invoice. Additional chasms for oeckion will rot be accented. Shipment Distance. Where rrmnufacromrs have distributing points in various perm of the wintry, shipment is experud from the nearest distribution point to datbauon, and excess freight will be deducted rut bodim whm shipments are made from grata decom.. Permits. Seller shall Proven, at sellers sale it all oeempaq panics, cardicata soul licema requited by all applicable laws, tegulmiom, indication and roles of the sate, municiW lity, temtory or political subdivision where the work is performed, a ramrod by any at duly amtimted Public mthoriry having jurisdiction over the work of vendor. Seller fuller egrea to hold the City of Fan Collins bamlaa rut all against all liability ad loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and mquhemena. Audmrnmum. All panic to this con meat agree that the ,ryrexnativa arc, in fact, bow ride and paasess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions sated herein set fords and any supplementary or additional terra mad conditions araexed hereto or incorporated hcmin by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately afyou cannot make complete shipment to arrive on your promised] delivery date as noted. Time is of the essence. Delivery, and performance most be efimted within the into stated on the purchase order and the documents anarhed hereto. No arm of the Purchasers including, without limitation, acceptance ofpaninl late deliveries, shall operate m a waiver of this provision. In the event of any delay, she Panama shall have, in addition mother legal and equimble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. How,veq the Seller shall not be liable for damages as a result of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or iniIiray ant firmin, pecendonto l priorities, Gres, slakes, nod, epidemics, wars or dots provided that notice .f the conditions musing such delay is given to 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 extended for the period equal to the time actually lost by tavern of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the puryosa intended, and performed with the highest degree of arc and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser Iumnless from any loss, damage or expense which the Pum ari may suffer or incur on account of the Sellers breach of warranty. qbe Seller shall replace, repair or make good, without cast to the purchmer, any defects or faults arising within one (I) year or within such longer period of time m may be prescribed by law or by Ne terms ofany applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall at consulate a waiver of any claim under this warranty. Except as otherwise provided in this Purchase.rdey fire Sellers liability hereunder shall extend to all damages proximately caused by the Brach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ims of me. 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 wanes change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teem, other Nan legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change mia. If my such change of am the amount due or the time of,aftermane hereunder, an amiable djtwment shall be made. 6. TERMINATIONS. The Purchaser may in any time by written charge order, terminate this agreement as to any or all Panama of the goods then not shipped, subject to any alai Wle adjustment hat. hie panic as her any work or motmals then an progress provided Nat the Parch na shall not be liable for any claims for anticipated profits on the uncompleted ,onion of the good adlor work, fen incidental or consequential damages, and that an such dja part be made in favor of the Seller will respect to any goods which x the Sellers stadad stock. No such termination shall relieve hie Purchaser, or hie Seller ofany ofthcir obligations as to any good delivered hereundes. T CLAIMS FOR ADJUSTMENT. Any claim for djecoment meat be assured within it (30) days fmm the date d, change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamots that all good sold banned. shall have been pandered, sold, delivered and fihad lad in strict compliance with all applicable laws and regulations in which the good are subject. The Seller shall execute ad deliver such documents as may be, required to elTect or evidence compliment. All laws and regulatiom requited to he incaryaated or agreements of this character are hereby incorporated herein by this ref mana. The Seller agrees m indemnify and hold the Purchaser harmless from all msm ad damages sulTered by the Purchmer as a hauls of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this.,ales, or my monies due or to become due hereunder without hie prior written common tithe other peaty. IRTITLE. The Seller warrants full, clear and unicameral tide to me Purchaser for all equipment, materials, and items famished in performance of this egreawnt, Gee unit clear of any end all he., ratrielioa, raervmiom, security Intern, encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If hie Purchase, directs the Seller to cmrect rmnconfmming or defective good by a date m be agreed upon by the Purehm. and the, Seller, and the Seller thereafter indicates its iwbiliry or unwillingness to comply, the Purchaser may a= the work in be pert al by the moss expeditions means available to it, and the Seller shall pay all ,over associated with such work. The Sella shall release Ne Purchaser and its contmdrrs of any tia rut all liability and claims of any attire rivalling from Ne Performanre ofsuch work. This release shall apply even in the event of fault of negligence of the parry mlmsal ad shall extend to Ne dimmmrs, officers and employees ofsuch party. The Selle's arm ractud obligations, including wartsnry, shall not be deemal to be reduced, in any way, because such work is performed or caused m be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, pamett, trademark or copyright, the Seller shall indemrtify all save harmless the Purchaser from any caul all claimm for inGmgemern by remon of the use of such patented design, dcvia, material or process in connection with the contend, and shall andemnlfy the Purchaser for any cost, expense or damage which it may be obliged m pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thefeaf or the intended use of the goads, is in such .it held to constitute infringement and the use of said equapmem of pan is a mmd, the Sell,, shall, at its own expense and to its option, either procure far the Purchaser fire right to continue using said equipment or pans, replace the same with substantially equal but naninGnging equipment, or modify it so it becama noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or boNwpt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Frnu without liability. 16. GOVERNING LAW. The de0nitiom ofrerms used or the interpretation of the agreement and the rights wall panic hereunder shall be remained under and gco med by the laws fthe Sum of Colorado, USA. The following Additional Conditions apply only in runs where the Seller is to perform work hereunder, including Ne services of sellers Repm,enativHs), on the premiss ofolhaa. 17. SELLERS RESPONSIBILITY. The Seller shall carry en said work an Sellers own ask until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury m the work tanker materials before settees final completion and ecepmnce, complee fire work at Sides own expense and to the satisfaction of the Purchase, When mneriisa and equipment are famished by othen for installation or erection by the Sella, the Sella shall receive, unload, stare and handle same . the site and bccome responsible therefor . though such materials enNor equipment were being fumishal by Ne Seller rather the order. IS. INSURANCE. The Seller shall, at his own expense, provide fen the payment of workers compaotatihn, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase rates, enNor to their de saidmts in accordance with the laws of Ne since in which the work is to be done. The Seller shall .1. any comprehensive grneal liability including, but not limited a. comerand all automobile public liability insurance wiN bodily jury and death limits of al least S300,000 for any one person. SSW." for any mau accader, and Omterty damage limit per accident of 5400.000. The Selltt shall likewise expire his contractors, if any, tor provide for such compensation and insurance. Before any of hie Sellers or his co mncmrs employees shall do any work upon the premisesi f others, the Seller shall famish go purchnstt with a certificate Nat such crematorium and insurance have been provided. Such certificates shall specify the date when such compeourion and insurance love been provided. Such certafimta shall specify hie date when such compensation and instuance expires. The Seller agrees that such compensation and insurance shall b, mampainal aril after the entire work is mmpletal ad accmred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mine rtspomibiliry ad liability, fan any evd all damage, loss at injury history kind r nature whmscever to persons or property, mused by or resisting from hie execution of the work providd fen in this purchase order or in variation herewith. The Seller will indemnify and hold harmless Nc Purchaser and any or all of the Pumhmers officers, agents and employees rut and against any and all claims, losses, damages, charges or expenses, wbethes direct or indirect, and wheNa to paxom or progeny to which life Purchoser may Be put or subject by cameo ofany act, action, neglect, omission or default tin the prat i f the Seller, any of his contractors, or any of the Sellers or contencmrs officers, agents in employees. In cesse any suit or oNar perm disip shall bc brought against the Purchaser, or its officers, agenda or employees in any time on account or by reason of my act, ardor, highest omission or default of the Seller of nay of his mnamesors or my of its or their afters, agents or employees m aforesaid, the Seller hereby agrees to assume the def thereof ad to defend hie same an the Sellers own expense, m Pay any and all cots, charges, attmneys fees and oma expenses, any ad all judgments quit may be incurred by or obtained against the purchaser or my of am or their officers, agent or employees in such suits or other proceedings, and in case judgment or othtt lam b, plead upon or .famed against the property of the Purchaser, or said panic in err as a result of such suits or other procedings, the Seller will at once mass the same, to be dissolved ad discharged by giving bond or otherwise. The Seller ad his contactors shall take all safety prevention, banish and musical all gucrd necessary for the prevention of accidents, comply with all laws ad regulations with regard to safety including, but without limitation, the Ocmrpatimml Safety and Health Act of 1970 and all rates sal regulations issued pursuant Nca m. Revised 01I3014