HomeMy WebLinkAbout544950 CASA PROGRAM - PURCHASE ORDER - 9146878Fort Collins
Date: 11125/2014
Vendor: 544950
CASA PROGRAM
201 LAPORTE AVE SUITE 100
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9146878 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 - 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
FY14 Harmony House Supervised
Visitation Center (09/19/2014)
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
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. COMMERCIA-DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt tram state and local taws. Om Exemption Number is
11. NONWAIVER.
9804502. Fmleml Excise Tax Exemption Certificate of Registry 84L0)058] is registered with the Collector of
Failure ofthe Purchaser to insist upon sulct perfmmance of the terms and conditions hereof, failure or delay as
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure a 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
Goads Rejected. GOODS REJECTED due to failure a meet sperifiatiom, either when shipped or due to defects of
any of the warranties or obligations of this Purchase order and shall not h deemed a waiver of any right of the
damage in transiL may be eseumd m you for credit ad art not to M replaced except upon receipt of %vmv.
purchaser to insist upon strict perfomaac hseeafor any of its rights or remedies as many such goods, regardless
instructions feat the City of Fort Collins.
of when shipped, received or accepted, se, to my prior or subsequent default hemundeq nut shall any perportM
oral modification or rescission of this purchase order by the Purchaser Opera, m a waiver of any of the terms
Impaction. GOODS are subject o the City of Fan Collins impmion on arrival.
hereof.
Fiat Accepmuce. Receipt of the merchandise, varies or equipment in mpome in this order can resWr in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment am the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller ad the Purchase( recognize that in actual crearearic peaetiee, overselon ma resulting from radnust
ACCEPTANCE is dependent upon completion of all applicable ox, it d inspection pmcedume,
violmiuns are in fact home by the Purchaser. Theretofore for good cause and as consideration for creaming this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hceraner
Freight Tears. Shipments most be F.O.B., City of pan Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquired under federal or state untiuust laws for such overcharges relating to the particular goods or services
otherwise apeeified on this order. Upemtkcvion is given to pu pay bright and charge Rpamtely, the original freight
purehssed or acquired by the Purchaser pursuant to this purchase order.
hill mutt amcomas.v invoice. Additional .tares for sucking will nor be, accented.
Shipment Distance. Wham manufacturers lime, disolbuting points in various pens of the country, shipment is
expected from the certain distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater dies xarr.
Permits. Seller shall pmcum at sellers sole cost all nttssary permits, ecoificros and licenses required by all
applicable laws, regulations, ordinances and roles of the stare, municipality, territory or political subdivision where
the work is performed, or required by any other duly c.mtimmd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss
eatrN by them by reason of an asserted or established violation of any such laws, ecgulations, mid. mes, roles
and requirements.
Authorization. All panic to this contract agree that the representatives are, in fact, boa fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Pumhaze Order expressly limits arceplance to the terns sell conditions stated
herein set forth and any supplementary or additional temts and conditions annexed here or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to enure on your
promised delivery date ss noted. Time is of the essence. Delivery and performance must be effected within the time
sorted oa the purchase ode, and the documents mooched hereto. No acts of the Purchasers including, without
limitation, accepmnce of partial late deliveries, shall operate as. Thrive, of this provision. In the even of .any delay,
the Purchaser shall have, in addition 1a usher legal and equitable remedies, the option ofplacing this order elsewhere
and bidding the Seller liable for damages. However the Seller shall tut be, liable for damags as is rush of delays
due to amr Out mawnably forueeable which err beyond its matme ble wnmol and wale m its feel, of negligence,
such ass of God, acts of civil or iniIimy authorities, governmental Inanities, fires, sink es, Good, epidemics, wars or
riots provided that ..lice of the emult ran, causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge Nermf In the event of any such delay, the data of delivery shall be
extended for the period equal to the time actwlly lost by maxon ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andon other descriptions given, will be fit for the purposes intended, and
performed with the hippest degree of care and ex mpemace in accordance with accepted smndtds for work of a
similar mnne. The Seller agrtss to hold the purchaser harmless tom my loss, damage or expense which the
Purchsstt may sufferer incur on uoount of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost 1. the purehann any defaces or hauls arising within one (I) year or within such longer peril of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the data of
acceptance of be gads fumishd hereunder (acceptance rot to M unreasonably delayed), resulting from impeef t
or defective weak done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not
omtimte a waiver of my claim under this waremty. Except ss otherwise provided W this purchase order, the Sellers
liability hereunder shall extend to all slow us proximately caused by the breach of my of the foregoing warranties
or gnomoteee, but such liability shall in no event include loss of pmGis 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 arms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes o the meother Orion legal Neu, including dm ditioto or deletions from
the quantities originally ordered in the mo, specifications or drawings, by verbal or wnnm change order. It any such
change affects the ..an, due or the time afperformanee hereudeu m mldiable adjustment shall be, made.
6. TERMINATIONS.
The Purchaser may in any time by written change order, mrninam this agreement as to any or all portions of the
good then not shipped, subject to any irritable djustmrnl between the panic as many work or -grounds then in
progress provided that the Purchaser shall not be liable for my claims fro anticipated profits on the uncompleted
reunion ofthe goods output work, for incidental or consequential damages, tied that no such djusemem be made in
favor of the Seller with respect,, any goods which ore the Sellers standard stock. No such momentum shall relieve
the Purchases or the Seller of any ofthefr obligations as to my good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must M mseded within and, (30) days from the dam the change or memination is
Ordered.
I. COMPLIANCE WITH LAW.
The Sella, wassanm that all goods sold hereunder shill have been produced, sold delivered and fumishd in stun
compliance with all applicable rows aad regulation m which the good am subject. The Seller shall escrow and
deliver such documcns as stay be required to effect or evidence compliance. All laws and regulations required to be
inempom,ed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indirect and Mid the Pumbmef Mrmless from all toss ed damages suffered by the Purhaer ss a result of the
Sellers failure to comply uith such law.
9. ASSIGNMENT.
Neither party shall sssign, transfer, or convey this order, or any monies due or to become due hereunder, without the
Poor wiimea consent of the other parry.
10. TITLE.
The Sellerwaments full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items Famished
in performance of this agreement, free and clear of my end all liens, restrictions, reservations, security interest
enmmbmnces and claims oregano.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to com set nonconforming or defective goods by a dame to be agreed upon by the
Purchaser and the Seller, and the Seller dremu er indicates its inability or unwillingness 1. comply, the Purchaser
my cause the work to Iso performed by the most expeditious means available as it and the Seller shall pay all
mats aswcimd wish such work.
The Seller shall releae the Purchaser and its contractors of any tier from all liability end claims of any nature
resulting from the performance of such work.
This odes, shall apply even in the event of fault of negligence of the pan, a end and shall extend to be
directors, oRecrs and employer of such parry.
The Seller's contractual obligations, including wamanty, shall not be deemed tu be reduced, to any way, because
such work ex pertortned or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required m use any drugs, device, material or process covered by lamer, parent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemenl
by reason of the use of such patented design, device, material or process in connection with the conduct, and
shall indetm y, the Poorhouse for any.1, expense or damage which it nay be obliged to pay by reaoa of such
inGngermnt many time during the pmssution or after the completion of the work. In can said equipment or
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right ,n continue using said equipment Or Pro, replace be same with substantially rabid but
noninGnging quipmentm or modify it so it becomes noninMnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the beach of creditors, appoint a
or trustee for my of the Sellers property or business, this ender may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of arms had or the interpretation ofthe agreement and the rights.(all panic hereunder shall be
ronstmed under and gmmened by the laws of he Sena of Colorado, USA.
The following Aditioml Cambia. apply only in sees where the Seller is m perform work hereunder,
eluding the servicesof Sellers RepreYamtienfid, an tM premises of others.
17. SELLERS RESPONSIBILITY.
The Seller sholl carry an said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work arWot materials before Sellers f I completion and
mecptaace, complete the work in Sellets own expense and in the satisfaction of the Purchaser. When materials
and equipment are fumishd by others for installation or erection by the Seller, the Seller shall teaeive, railroad,
store and handle same at the site end become ruponsible theref.r as though such materials and/or equipment
were being famished by the Seller miler the order.
18. INSURANCE.
The Seller shall, a1 his own expense, provide for the payment oF,emk. mmpensztion, including oacmpati... I
disease benefits, to its empbyees employed an or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, convection and aummobile public
liability ituntrunue with bodily injury and dwlh limits of a1 it. $300,00(1 for my rote person, $50)." for any
one ccident ad property, damage feet, be sccidem of S400,000. The Sells sMll likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his mntredors
employees shall do any work upon the premises of .(he., the Seller shall famish the Porchaer with a certificate
but such compensation and insurance have agent provided Such certificates shall specify the date when such
compensation ad insurance have been provided. Such cenificates shag specify the dam when such compensation
and insurance expires . The Seller agrees but such wmpensalion and insurance shall be 1n0inmird until after the
entire work is completed and acaptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mponsibility and liability for any rod all damage, loss or injury of my kind
or nature whi tsmver to parsons or peopeety caused by or resulting from the execution offlc work Provided fro OR
,his -chow, order or is connection herewith. The Seller will indemnity and hold Mmncu the purchaser and any
r all of the Purchasers .Beers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or procerty to which be Purchaser may
be, put or subject by reason of any act action, neglect, omission or default on the pan of be Seller, my of his
conmctim. or nay of the Sellers or mntmcmrs offices, agents or employees. In can my suit or other
proceedings shall be brought ii,ins, the Purchaser, or its officers, agents or employ. at my time on acme, or
by mason of any act, action, neglem, Omission or default of the Seller or my of his monarchies or my of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
&read the same at the Sellers own expense, m pay my and all loss, cimgr, m mays fees and other expenses,
any and all pal oners der, may Min named by or obtained against be, Purchaser of my of is or their officers,
ages or employees W such suits a, other ragardinga, and in can judgmrn, or other lien be, placed upon m
otimined against the property ofthe purchaser, or said parties in or as a result of such suits or other promdiogs,
the Seller will at once cause the same,. be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and immll all guards necssary, for the peavenfion of
accidents, comply with all laws and regulators with regard to safety including, but without limitation, tM
Occupational Safety and Health Act of 1970 send di roles and regulations issud p-mmnt thereat.
Revised 07Y2o14