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HomeMy WebLinkAbout512072 CENTER FOR FAMILY OUTREACH - PURCHASE ORDER - 9146883PO PURCHASE ORDER 914688er Page CI�/ O'f46883 t of 2 ' `tCollins( Thisnumbermust appear V ` on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 512072 Ship To: CITY MANAGER CENTER FOR FAMILY OUTREACH, THE CITY OF FORT COLLINS 1100 POUDRE RIVER DR SUITE B 300 LAPORTE AVE FORT COLLINS CO 80524 CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price FY14 Low Income Youth Scholars 1 LOT LS 7,500.00 hip Program contracted 9/19/14 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.mm Total $7.500.00 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. COMMF.RCIALDETAILS. Tax exemptions. By statute the City of Pont Collins is exempt Room stoic and local road. Our Exemption Numb., is I L NONWAIVER. 98-01502. Federal Excise Tax Exemption Cmifinge of Registry g4-6000587 is registered with the Collector of Failure of die Purchaser to main, upon strict performance of tM a = and conditions hereof. failure or delay to luremal Revenue, Denver, Colorado (Ref. Colorado Revised Samres 1973. Chapter 39-26,114 Bd. exercise any rights or remedies provided herein or by law, failure to promptly ratify me Seller in the ,at of a breach, the acceptance ofor payment for goods hereunder or approval of me design, shall not release the Seller of Goods Rejected. GOODS REJECTED due,, failure to meet specifications, 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 transit, may be reamed to you for credit and are not to be replaced except upon raeipt of written Purchaser to insist upon strict performance hereofor any of its rights or remedies as many such goods, regardless instructions from the City of Fan Collin. of when shipped, received or accepted, a to any prior or subsequent default hereandes nor shall any programed oral modif Lion or rescission of this purchase order by the Purchaser operate a a waiver of my of 6e terms Inspection. GOODS are subject to the City creed Covia intrusions on anival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment tin the part of the City of Fan Collins. However, it is to Ire umdersmod taut FINAL Seller and the producer recognize that in attual economic practice, overcharges resulting from submit ACCEPTANCE is dependent upon completion of all applicable tripodalinspection procedure. violation are in fact home by the Purchaser. Theretofore, forr good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must ho F.O.B., Ciry of Fort Collis, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for Such overcharTm region to the Particular goads or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the anginal freight purchased no eequirtd by the Purchaser pursuant In this pm<M1au order. bill mat a-corma nv invoice. Additional chards for nackina will not be, addred. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the newest distribution groin, to destia.u.n. and excess freight will to deducted from Invoice when shipments art made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary Frnnits, crnifcmes and licenses watched by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is pm ommd, or required by any other duly constituted public authority having jurisdiction over the work of during. Seller further agrees to hold me City of Fors Collin harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulation, ordimnces, macs and requirements. Authorization. All parties to this contend agree that me roprovermlids are, in fact, bona file and possess full and complete umhonty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me tens am conditions stated herein set forth and my supplementary ar a k ilional recant and mediums annexed hereto or incorporated Mein by referernce. Any additioml art diRerenr tens and conditions proposed by sell, are objected to and booby j.W. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery date a noted. Time is of the csence. Delivery and performance must be effected within the time stated on the purchase We, and me documents attached hereto. No acts of the puo:hasers including, without limitation, aceprce ofpanial late deliveries, shall update Or a cancer or Nis provision. In the event of my delay, the purchaser shall have, in addition to other legal a,d equitable remedies, me option ofplacin8 his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be, liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, Tres, tankers, Rood, epidemic, wars or dots provided that notice of the conditions coming such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge throw( In de event of my such delay, the date of delivery shall be extended for the period qml to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ,Nor other description, given, will be fit far the purposes amended, and performed with the highest degree of care and competeMe in accordance with accepted standards for work of a similar nature. The Seller agrees m hold me purchaser hornless from my loss, damage or expense which the Portland may suRn or incur, on account of 6e Sellers breach of wmmnty. The Seller shall replete, repair or make good, without cast to me purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of me goods famished hereunder (acceptance root to be umearonably delayed), resulting from noodl t or defective work done or national, fmuhed by me Seller. Acceptance or use of good by Bad Parch• ^ shall Out c 1mi e a waive, ofmy claim order this wa,mOry. at', as intends, poovided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of no foregoing wamnlics or gurraider s. but such liability shall in no dent include loss ofpmfits or loss of use, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchser may rake changes to legal terms by corium change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may make any changes to the teats, other than legal terms, including addilions m err deletions from the gnantitia originally ordered in me specification or drawings, by verbal or written change order. If any such change affects the amount due or the tame ofpsran formce hereunder, an capita le adjustment ho mshall ade. 6. TERMINATIONS. The Purchaser may at any time by wntom change .,it., terminste this agreement a to any or all podia. of no goods then not shipped, subject to any equitable adjustment between the panics as in any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplated portion of the good and/or work, for incidental or mnsequentul damages, and that no such adjutment be made in facer of die Seller with aspect w my %ood which are Bar Sellers standard stock. No such termination shall reline the Purehaser or she Seller army ofmcir obligations w to my good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be recorded within thirty (30) days from me dale me change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods mid hereunder shall have been produced, said, delivered and Buddhist in stria compliance with all applicable laws and regulations as which the good ere subject The Seller shall execute and deliver such documents as may be cornmeal to eRect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller allies to indemnify and hold me Purchaser barmless from all costs and damages sandnd by the Purchver 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 become due hereunder without the pan., women costal afthe ether party. 10. TITLE. The Seller warnings bill, clear and muatncted title to the Purchaser fm all aluipment, rnatcriah, and items( fished in pcdomm sce of this agreement Gee and clear of any and all liens, restridios, reservations, swunty interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seiler to cored nonconforming or defective goods by a date to be agreed upon by the Pardoner and the Seller, and the seller the,mfter indicates in inability or unwillingness to comply, me Purchaser may cause the work to her performed by the most expeditions means available to it, and the Scald shall pay all casts associated with such work. The Seller shall release the Purchaser and its comrw ors of any net from rill liability and claims of any rotor. resulting from the performance ofsuch work. This release shall apply even in me event of fault of negligence of ter pamY releaavi and shall extend to me diregars, oRced and employees of such puny. The Seller's contractual obliG lions, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or used to be perrmmed by the Purchaser. 14. PATENTS. Whenever the Seller is orchid to use my design, device, mmerial or process covered by lever, patent, iredemark r copyright, the Seller sbull indemnify and save hanmlcs the Puahaer from any and all claims for infringement by reason of the me of such patented design, device, material or process in connection with the contract, end shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aRer the completion of the work. In case said equipment, or my pan therm( or the intended one of the goi as m such suit held to constitute infringement wed the use of said equipmrn, or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Prodaaer me right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes n rninfriaging. 15. MSOLVENCY. If the Seiler shall become insolvent car banl:mpL make an ssi,--t for the Incisor of creditors, appoint a a, rater, fr, any of ter Sellers property a, business. this aide, may Rundowns be ramxled by the Purchaser widmur liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of Bae agreement and me rights of all panic hereunder shall be command under and porom d by the laws afore Sure of Colorado, USA. The following Additional Conditions apply only in asses where me Seller is to perform work hereunder, including the services of Sellers Repmsentativds), on da pousises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is flay completed and accepted, and shall, in case of my accident, destruction or injury to me work adfr materials lactate Sellers final completion and acceptance, complete dre work at Sellers own expense aM an the smidlection critic Purcha,. When mmerials and Lquipmmr ere famished by others fro installation no exceeding W ing by the Seller, e Seller shall receive, road, store and handle same at the site and become responsible therefor as though such materials indoor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the poymmt ofomfla rs compesmion, including amilson nal disease brnefits, to its employees employed on or in connection with the work caved by this purchase order, ,Nor to their dependents in accordance with the laws of the state in which the work is to be done. lire Sell., shall also carry comprehensive gametal liability including, bur no, limited to, contmutml and automobile public liability insurance with bndity injury, and death limi6 of art Ieat E300,00) for any one person, $500,000 for any one accident and property damage limit per accident of $400.040. The Stale, shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my.f the Seller or his contractors employees shall do my work upon the premius of others, the Seller dull famish the Purchaser with a certiftmte that such compensation and insurance have bdn provided. Such certificate shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compesmion and insurance expires. The Seller agree that such don,duution and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Tire Seld hereby ass dthemtire, responsibility and liability for my and all damage, loss or injury army kind or nature wharscever to person or property,add by or resulting tram the execution of6e 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 my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons in property m which the Purchases may ho put or subject by reason of my act, action, neglect, omission or defmlt on the pan of the Seller, my of his contractors. M my of the Sellers ar contractors officers, agents in cmployces. In rase any suit or Omer proceedings shall be brought against me product or its officers, agents or employees at any time on account or by reason of any Oct. action, neglect, omission or default of the Seller of my of his contractors or my Of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and ,o defend He, state at me Sellers coa expense, to pay any and all costs, charge, atwm,, fees and omen oc,exa s, my al all judgments mat may be bound by or obtained egdied, the Parchas, art any of its or Bach offcers, agents or employes in such suits or other proceedings, and in rase judgment or Omer lien be placed upon or obtained against me poopody or6e Pmchnser, or said parties in or as, a result ofsuch suits or other proceedings, 6e Seller will at once cause the same to be dissolved and discharged by giving bond or Otherwise. The Seller and his commetors shall mks all safety prtcmtios, f ich and isull all guards necessary for the prevention of accidents, comply with all laws and regulation wi6 regard to safety including• but without limitation, the Occupational Safety and Health Ad of 1970 end all rules and negotiations; issued pursuant Boards. Revised 07f2014