HomeMy WebLinkAbout463204 CHILDSAFE - PURCHASE ORDER - 9146882City of
F`Oft Collins
Date: 11/25/2014
Vendor: 463204
CHILDSAFE
1148 E ELIZABETH
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9146882 1of2
his number must appear
on all invoices, packing
slips and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/24/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 FY14 Child Sexual Abuse Trmt
Program contracted on 9/19/14
!il ,r l)
lh �i
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
30,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teens and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By suture the City of Fort Collins is exempt from state ern local unn w. Our Exemption Number is
98a]4502. Federal Excise Tax Exemption CMifrate of Registry 84-6000587 is minimal with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revited Emftw 1973, Chapter 39-26, 114 N).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in umsit, may M returned to you fro credit and are not to he replaced except upon receipt of written
instructions tram the City of Fan Collins.
Inspection. GOODS are subject to the City offort Collins impaction on social.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in
authorised payment On the Pan of the City of FortCollins. However, it is to M understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable rt mood! inspection procedures.
Freight Tema. Shipman¢ must be F.O.B., City of Fort Collins, qW WOW St., Fort Collins, CO 80522, unless
otherwise specifim on this order. If pconn scion is given to prepay freight unit charge separately, the original freight
bill must acrompany invoice. Additional charges for packing will not be auepaL
Sbipmem Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the amount distribution point to destbutioa and excess freight wit] be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall prrwure at sellers sole cost all necessary permits, cenifiwtes and licenses required by all
applicable laws, regulatims, mhma nco and roles of tM state, murricipality, mrrisory or political subdivision where
Use work is performed, or requited by any other duly consdm,m public authanry having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability am loss
ant tired by them by reason of an asserted or wmblulod violation of any such laws, regulations, ordinances, rates
a rmniremenm.
Authorimtimn, All partima to this contract agree [bat the representatives are, in fact, hour fide not possess Nil and
complem mallmnry to bind said panics.
LIMITATION OF TERMS. This Puahose Order expmssly limits accer. m the tartar and conditions stated
herein set forth and any supplementary or additional terms and conditions annexm harem or incorporated herein by
reference. Any additional of different terms and conditions proposed by seller are objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you conrmt make complete shipment to arrive on your
promised delivery time as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents marched hereto. No acts Of the Purchascm including, without
limitation, acceptance arterial late deliveries, shall operate as a waiver of this provision. In are event Of any delay,
the Puubsona shall have, in addition to other legal and cquimble remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, tM Seller shall not be liable for damages as a moult of delays
due to wuees not nationality foreseeable which are beyond its rwsoauble control and without its fault ofnegligatcc,
such acts of God. acts afcivil or military authorities, govemmental pminorities, fires, stakes, Bond, epidemics, wars or
nabs provided Unit notice of the aonditions reusing such delay is given to the Purchaser within five (5) days of the
time when the Seller Nor received knowledge thereof in the event of any such delay, the date of delivery shall be
rxteMed for the perind equal to No time actually lost by reason of this delay.
3. WARRANTY,
The Seller warrants that all goodl articles, materials and work covered by this Omer will confoma with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes imfiandm, and
performed with the highest degree of care and compmtence in accordance with accepted standards for work of a
similar nsmre. The Seller agrees to Mid me punchscr harmless from any loss, damage or expense which the
purchaser may strlor or incur an account of the Sell. breach ofw fit The Seiler shall replace, repair or make
good, without cost to the purchaser, any defeat or faults arising within one (I) year or within such longer perm of
time as may be presumed by law or by the terms of any applicable warranty provided by the Sella o0athe date of
acceptance of the good famished hereunder (acculturate not to be unreasonably delayed), resulting from inam t
or defective work done or materials famished by the Seller. Acceptance or mr, of good by the Purchaser shall not
constitute a waver crony claim order this womanly. Except as otherwise Provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately roused by But breach of any of the foregoing wurrantio
or guaramces, but such liability shall in no event include loss ofpmfiN 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 aO legal ¢ass by woreen change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including mditions to or. delairnms firnm
the maunities originally ordered in the specifications or drawings, by verbal or written change order. Worry such
change afects fe amount due or Ne time of perftmance, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaer may at any time by wrinrn change oma, terminate this agreement to to any or all portions of the
goods then not slipped, subject to any equitable adjustment between the parties . to any work or materials then in
amgrws provided that the Purchaser shall not M liable for any claims for anticipated profits im the uncomplacd
Portion of the good and/or work, for incidental or consequential damages. am that ter such adjustment be made in
favor Of the Sella with raper,,. any goad wfch sea Nc Sellers stamard stack. No such Rmaiaation shall relieve
the Purchaser m Ne Seller army of their obligations as to any good deliveed hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for mjtsamat most be asserted within thirty (30) days from the dale the change at lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold heeunder shall have been produced, sold, delivered and fhmished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents or may M rryuired to effect or evidence compliance. All laws and regulations required to M
incorporated m agreements of Nis character sea Not inumpamted herein by Nis reference. The Sella agrees or
indemnify and bold me Purchaser hamdess from ell case end damages suf ri by the Purchaser as a It of Out
Sellers failure to comply with such law.
9.ASSIGNMENT.
Neither may shall nudge, transfer, or convey this order, or any monies due m f become due hereunder without the
'nor women consent afthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment materials, and items furnished
in performance of this agreement, free and clear of any and all liens, TmMCtions, reservaMas, security interest
encumbrance and claims ofodws.
11. NONWAIVER.
Fail. of the Purchaser to imis, upon strict performance of the terms and Nni ilions hereof. failure or delay N
exacise any rights Or remedies provided herein or by law, failum in promptly notify the Seller in the event of a
breach the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prim or undisturbed default Meauma. Our shall my purported
coal modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser recognize that in naval economic practice, overcharge, resulting from amitmst
violations arc in fact from by the Purchaser. Theeatoforefagoad cause and m consideration for executing this
purchase rma, thc Seller hereby assigns to IN Punchssn any and all claims it may mow have or hereafter
acquired under federal or state antitrust laws for such ovenlrogw relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Iaaxa directs the Sella to coned nonconforming or def Live goval by a date in be agreed upon by No
Purchaser and the Sella, and the Seller thereafter indicates its holiday or unwillingness in comply. the Pumhaser
may cause be work m be performed by the most expeditions means available to il, and the Sella shall pay all
cases associated with such work.
The Seller shall crows, tM Purchaser and its contractors of my tier, fora all liability and claims of any nsmre
resulting from the Performance afro ch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officer and employees of such party.
The Sellers contactual obligations, including woo arty, shall riot be, deemed to be reduced, in any way, because
such work is performed or caused to be pert al Ne Purchaser.
14, PATENTS.
Whenever the Sella is required m use any design. device, material ar protest covered by letter, patent, trademark
r copyright, the Sella shall indemnify and save harmless the Pumhocer from any am all claims fro infringement
by reason of the use of such painted design device, material or process in connection with the contract and
shall indemnify the purchaser for any cost, expense or damage which it may be obliged to Pay by reawn of such
infringement at any time during the prosaution or after the completion of the work. In case said equipment, or
any port thereof or the intrnaed use of the Soma, is in such suit held to constitute infringement and IN, use of
said equipment or part is enjoined, the Sella shall, at its own expanse and at its option, tither procure for the
Purchaser the right to continue using said equipment in pans, replace the same with substantially alma but
roninlringing equipment, or modify it so it becomes noninfn'nging.
IS. MSOLVENCY.
If the Sella shall became insolvent or bankrupt, nuke an assignment for the benefit of credimrs, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchase without liability.
16. GOVERNING LAW.
The definitions of.. used ar the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of fc State of Colorado, USA.
The fllowing AMmuccal Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of5ellers Represeautive(s), on the premises ofmhars.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in u of any accident, dwtmaion or many to the work an/or materials before Sellers final completion and
ocapponce, complete Ne work at Sellers own expense and to the sonswion of the purchaser. When mamieB
and a mparne t are famisha by others for installation or reaction by the Sella, the Seller shall racive, unload,
store and handle same at the site and become responsible therefor as Hough such materiah and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including carpentionsl
disease benefits, to its emPloyce, employed on or in comation with the work covered by No purchase coda,
and/or to their dependents in accordance with the laws of the arum in which the work ex to be done. The Seller
shall also carry comprehensive gaeml liability including, but not limited to, command and automobile public
liability insurance with law ily injury and death limits of at least 5300,000 for any one person, S500,000 for any
accident and pmpmy damage limit Per accident of 54W,". The Sella shall likewise regain, his
cantocmrs, if any, to provide for such compensation and insurame. Before any of the Sellers or his mutation
employees shall do any work upon the premises of others, the Sella shall Nmish fire Purchaser with a cenifcam
that such compensation and insurance have ban provided. Such are fici es shall specify Use date when such
nmpensation and insurance have been provided. Such catifcams shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation aot Insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Thc Seller heeby assumes the entire rcspmmibiliry and liability for any and all damage, lass m injury ofany kind
to nature whatsoever to persons or property coated by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Parlwa and any
r all of fire Paahamrs officers, agents and employees from and against any and all claims, losses, damages,
charges or expemcs, whether direct or indirect, and whether to parsons o, primary to which the Parchaaa may
be put or subject by mason of any act, action, neglect omission of default on the pert of Ne Seller, any of his
contractors, or any of the Sellers or contractors ofcers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its afters, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of thm Seller of any of his coeditors or any of its of
their officers, agents Or employees as ammaaid, life Seller hereby agrees to auume the defense thereof and to
defend tM same in Na Sellers swat expense, m pay any and all costs, charges, attorneys fees and Other experems,
any and all judgments Not may M incurred by or obtained against the Purchaser or any of is or theh officers,
agents or employees in such suits Or other proceedings, and in case judgment or other lien be placed upon or
Obmined against me property of the Purchaser, or mid parties in or as a result of such Sits or other proceedings,
the Sella will at once cane the more m M dissolved and discharged by giving Mud or ofermse. The Seller and
his contractors stall take ell safety peacamicaus, f ish and install all guard era—, for the prevention of
accidents, comply wif all laws and regulations with regard to safety including, but without limitation. the
Occupational Safety am Health Act of 1970 and all rates and regulations issued pursuant Nermw.
Revised 07n014