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HomeMy WebLinkAbout111723 DISABLED RESOURCE SERVICES - PURCHASE ORDER - 9146881PURCHASE ORDER PONumberPage City of PURCHASE asss� 1 of 2 ' `t Collins( his number must appear ` v 1 1�7 on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 111723 DISABLED RESOURCE SERVICES 1017 ROBERTSON UNIT B 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: 11/2412014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price FYI Access to Independence 1 LOT LS 26,261.00 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@fcgov.com Total $26,261.00 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. COMMERCDM,DEPAILS. Tax exemptions. By salute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-05502. Federal Excise Tax Exemption Cmifc. of Registry 84-b000587 is registrant with be Collector of Failure of the purchaser to insist upon stria'do-- of the terms and mndiO' hereof, failure of delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39-26.114 (a). ear¢ue may rights or remedies provided hmf ar by law, befre to pmainly ratify the Seller in the evens of a breach, the acceptance of or payment for goods hereunder or approval of the daiged, shell not rehouse the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tonsil, may be tamed to you for credit and are not m be replaced except upon receipt of written purchaser to insist upon strict pefonmance hereof or my of its rights or remedies as to my such goods, regardless instructions from the City of Fort Collins. of what shipped, unsaved or accepted, as to any prim a subsequent default hereunder, ear shall any Imported oral modification in rescission of this purchase order by the Purchaser clams, as a waiver of my of be toms Inspection. GOODS ere subject m the City effort Collins inspection on arrival. hoped!. Final Acceptance. Receipt of the merchandise, services or equipment in respanu to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Seller and the purchaser recognize that in action economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable minimal inspection procedures. violations we in fact some by the Purchaser. Theremf , for good cause and we wa sidrntion for executing this purchase order, the Seller hereby assign to the Purchaser my add all claims it may raw lave or hmafrer Freight Terms. Shipments must he F.O.B., City of Tom Collins, 700 Wood Ss, Fort Collim, CO 80522. unless acquired under federal m stare mtitmst laws for such monorail telatiug 10 the ximicular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Perchance pursuant to this purchase order. bill must accompany invoice. Additional charges for picking will not be accepted. Shipment Distance. Whcre mumbr upors have distributing points in various parts of the country, shipment is expected from the manew distribution in, to datinvlim, and excess freight will be deducted from Invoice when shipments m made from greater distatce. Permits. Seller shall procure at sellers sole cost all necessary gamits, catifcares and licenses required by all applicable laws, regulations, ordinances and rates infuse state, municipality, territory or political subdivision where the work is performed, or required by any .,her duly ransomed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins hatmlass firm and against ell liability and loss incurred by them by reawn of an warned or established violation of any such laws, negotiations ordinances, ales and raluiremenn. Authoricalion. All panics to this contract agree that the representatives ate, in fact, two fide and possess full and complete mthoriry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance, to the it. cad conditions stated herein set tomb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENIimmediately if you caomt make complete shipment to strive on your promised delivery date m noted. Time is of the essence. Delivery and performance must be, effected within the time stated an the purchase order and the decumenrs attached broad, No was of the Purchases including, without limitation, acceptance of pamial two delivcria, shall operate in a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. I however, the Seller shall not he liable for damages as aroma of delays due to comes not miserably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military, authorities, governmental priorities, fires, strikes, Goad, apidemia, wars or hots provided that notice of the conditions saving such delay is given to the purchaser within five (5) days of the time when the Sella first received knowledge dam! In the event of any such delay, the date of delivery shall br extended for the period equal to the time wmally lost by reewn ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work coveted by this order will conform with applicable drawings, specifications, samples amdlor abler descriptions given, will b, fit for the purposes, intended, and performed with the highest degree of can, and compecnce in acmrdance with wrepted standards fan work of a similar nature. The Sella agrees to hold the purchaser harmless form any has, damage or expense which the Purchaser may sinner or incur on account of the Sellers breach mammary, The Seller shall replace, repair or make good, without cast to the purchase. any defects or faults wising within otter (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable wamnly provided by the Seller sf n the date of acceptance of the goods famished hmutem, (acceptance not m be unpeasonably delayed), resulting from imperfect or defective work done or materials f iahed by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim coder this warranty. Except ns otherwise provided no this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include Icon ofpmfits or lass 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 ¢ran by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the neran, other than legal terns, including additions to or deletions from the gwer ilice originally ordered in the sperifications or drawings, by verbal we wrined change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjmeram shall he made. 6. TERMINATIONS The Purchaser, may at tiny time by wmma change aide,, terminate this ngrearem as to tiny or all potions of the goods then not shipped, subject to any equitable adjustment beMcen the Wnia as many work or mwenals then in progress provided dal the purchaser shall not he liable for my claims for anticipated profits on the uncomplaed portion of the goods anther wort:, for incidental ar comequcndal damages, and then me such w1justmena be made f favor of the Seller with respect many goods which arc the Sellers standard stock. No such lamination shall mlieve the Purchaser Or the Sella of any oftheir obligations as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be armed within thirty (30) days from the date the change m termination is andeed 8. COMPLIANCE WITH LAW. The Seller meteors that all goods sold hereunder shall have been pradaced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods ape subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All was and regulations expired to be, ncor Per m l in e®aments of this character are hmby imoryonted burin by this reference. The Seller agrees as indemnify and bold the Puchaer annular Item all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither party shall resign, tamfer, or convey this order, or my movies due or m become due hereurata without the Prior wrinrn raiment argue other parry. 10. TITLE. The Seller warrants full, clear aed unrestricted title to the Purchase for all equipment, materials, and items famished to performance of this agreement free am clew of my mat all liens, rnWetions, reservations, security interest encumbrances and claims of.daw, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct the Seller to coma mnconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thesmRer indicates its inability or moni ingmss to comply, the Purchaser may ause the work to be pert eel by the rest expeditious means available m it, and the Seller shall pay all tests associated with such wank. The Seller stall release the Purchase and its contractors of any tier from all liability and claims of any nature resulting from the Performance ofsuch work. This mmuse shall apply even in the an of fault of a li8mce of the parry ¢leased and shall extend to the threeors, officers and.,toy. fsuch parry. The Selle(s contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such ..,it is performed ar caused to be performed by the Purchases. 14. PATENTS. Wheneva the Seller is required to use any design, device. mmetal m process covered by letter, lament, midemah or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fan infringement by .,an of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchases for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringemem at my time during the prosecution in of the completion of the work. In case said equipment, or my pan thereof or the intended use of Os goods, is in such suit held to cmatimte infringement add 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 to continue using said equipment or pans, replace the same with substantially equal but nowafdnging equipment, or modify it s i it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent in bankrupt make an assignment for the benefit of execution, appoint a or vustee far any of the Sellers pmpeny ar business, Nis order may, faMwile be rmremd by the Purchaser without liability. 16. GOVERNING LAW. The, defimions oftesms dread in the interprtation of ire agreement that the rights of all panties havander shall he comtmed order and governed by the laws ofthe Sete of Colamdo, USA. The following Additional Conditions apply only in cases where the Sella is m perform work hmunder, including the services of Sellers Re,sx,motive(s), on she premise of.thas, 17. SELLERS RESPONSIBILITY, The Sella shall carry an said work at Sellefs own risk until the same is fully completed aed wen ted, aed shall, in se of any accident, destruction or injury to the work wall materials before Sellers final omplmion and acceptance, opmplee the work, at Sellers own expense and to the satisfaction of the persimmon. When materials and equipmem arc famished by Others far installation or erection by the S,IIa, the Seller shall receive, unload, store and handle same al the site and become respmrsible therefor o though such mutmnls antler equipment were an, Perished by the Sella uMcr she order. 18. INSURANCE. The Seller shall, at his awn expense, provide f the payment of workm compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andior to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also cart' compn,hemive general liability including, but act limited to, contradud and vummobim public liability insurance with bodily injury and deach from, Of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,00). The Seller shall likewise require his coninerelom, if any, m provide for each compensation and insurance. Before any of the Sella or his contractors employees shall do any work upon the premiss, of ollurs, the Seller shall famish the Purchaser wish a certificate that such compensation and insurance have been provided. Such anifieotes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and announce expires. The Seller agrees that such compensation and insurance sIW I be command until after the entire woh is completed and examine, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raponsibiliry and liability for any and all damage, Jr. or injury of any kind or wtum whosoever to persons in property caused by or resulting from the execution of the work provided for in this pr ch ss, order or in comeaion hmwida The Sella will indemnify aed hold harmless doe P-Acessmar and any r all of the Purchasers officers, agents and employees from aed against any and all claims, lasses, damages, charges or expenses, whether direct or it hours, and whether m persons or property to which the Purchaser may he put or subject by reason of any act, action, million, omission in default oa the pan of the Seller, any of his enactors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall he brought against the Panama, or its officers, agents or employees at my time on account or by reamn of any cat, wren, neglect, omission m default of the Sella of my of ins contractors or my of its or their affairs, agent or employees o of and, the Sella hmby agrees ke asswna dic defame thereof and to defend the same at the Sella own expense, m pay my and all tests, charges, adomeys fan and other expenses, my and all judgments that may be incurred by or obtained against the Purchase or any of its or their Officers, Mena or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obained Manor the property of the Purchases, or said parties in or as a result of such suite or other proceedings, the Sella will at once mesa the same to be, dissolved add discharged by giving bond or otherwise. The Sella aed his contractors shall take all safety precautions, f ish and install sal goads aecaasry for the prevention of accidents, comply with all laws and populations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued puraumt fo rero. Revised 07/2014