HomeMy WebLinkAbout233452 THE FAMILY CENTER - PURCHASE ORDER - 9146884of
FOCity, Collins
Date: 11/25/2014
Vendor: 233452
THE FAMILY CENTER
309 HICKORY #5
FORT COLLINS CO 80524
PO Number Page
9146884 1 1of2
This number must appear
on all invoices, packing
sli sand 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
I FY14 Childcare Scholarships
as contracted on 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.wm
1 LOT LS
42,500.00
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. COMMERCVU.DETAILS.
Tax exemptions. By impose the City of Fort Collins is exempt fmm stem and local taxes. Our Exemption Number is
11. NONWAIVF.R.
98fi1503. Federal Excise Tex Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of
Did. of me Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
late.] Revenue, Denver, Colorado (Ref. Caloado Revised Statutes 1973. Chapter 39-26, 114 (a}
exaciae any fights or remedies Provided herein or by law, failure to promptly ttoday, the Seller in the event of a
breach, he acceptance for payment for goods herearda or approval of the design, shall not release the Sella of
Goods Rejected. GOODS REJECTED due to failure in area specifications, either when shipped or due all defects of
any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the
damage in format, may be rimmed b you for credit and are not to be replaced except upan receipt of written
Purchaser to insist upon strict sermamace hereof or any of its rights or remedies ss to any such goods, regardless
i sanctions from fie City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
aml madificanon or rescission of this punch se order by the Purchaser operate as a waives of any of the team
Inspamons. GOODS are subject or the Ciry of Fon Carl. Irritation an animal.
hereof.
Final Alepmnce. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
practice, overcharges from antitrust
Seller and the Purchaser recognize that in actual economicawaiting
ACCEPTANCE is dependent upon completion of all applicable required inspmtion procedures.
violations arc in fact home by the Pmchsser. Theretofore, fogood any, and as consideration for executing this
puchase order, the Sella hereby assigns to fie Purchaser any wood all claims it nay r,w have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fon Collins, 700 Wood Sr„ Fiat Collins. CO 80522, unless
sm,ired under federal or sate matimust laws for such overcharges relating a the particular goods or services
otherwise specified on this older. If permission is given to mat ry freight road charge impoundy, the original freight
purchased or acquired by the Purchaser pursuant to this purchase orl
bill must acromuanv invoice. Ackboi cal charres for oackinm will not be accmred.
Shipment Distance. Wham manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to devaluation, and excess freight will be deducted fmm Invoice when
shipments arc made favor grata drour .
Pamirs. Seller shall procure at sellers sale cost all necessary permits, certificate and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, terimry or political subdivision where
the work is peefamrd, or required by any other duly coretimted public authority having jurisdiction over the work
of vendor. Sella Pat agrees to hold the City of Fort Collins hamdam man and against all liability and loss
incurred by them by com an of an assesad or established violation of any such laws, regulations, oldianees, roles
and requirements.
Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said patties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the farm and conditions armed
heroin set Roma and any supplementary or additic al terms and condition annexed hereto or inco"anded herein by
reference. Any additional or differmr terra and conditions proposed by seller arc objected to and hereby rejated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete Shipment to arrive an your
promiwd delivery date as noted. Time is of fie camera. Delivery and performance must be limited within she time
stated on flaw purchase order and the documents aruched hereto. No acts of the Purchased including, without
limimtim, ecte . of pmial late deliveries, shall operate as a waiver offis Pmvkia. la he event of any delay,
the Purchaser shall have, in addition to other legal and equitable mnedies, the option of pacing this older elsewhere
and holding the Seller liable for damages. Iloweve. the Seller shall non be liable far derm a ® a result of delays
due in camas not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts ofGod. acts of civil or military authorities, govemmenml pnoritics, forts, strikes, Boot, epidemics, wills.,
riots provided dent notice of she coalition, causing such delay is given to, the Purchases within five (5) days of the
nine when the Sella first received know ]edge thereof In that event of any such delay, the dam of delivery shall be
extended for the peril equal to the fine actually for by revwn of the delay.
3. WARRANTY.
The Seller warrants than all galls, articles, materials and work covered by this Order will conform with applicable
drawings, apedficafions, samples mNm other descriptions given, will be fit for the purposes intended, and
pert d with the highest degree of are and competence in accordance with acaptd small far work of a
similar wture. The Sella agrees to hold the polmbasa harmless from any loss, damage or expense which fie
Purchaser may soma m incur on account ofthe Sellers breach of warmnry. The Sella shall replace, repair or make
good, without not to the purchaser, arty defects or faults arising within one (1) year or within such longer period of
time as may be prescdbrd by law or by the mats of any applicable waumnry provided by the Seller after the dam of
acceptance of the good fumishd hereunder (acceptance not to be uomma nobly dem,aft, moulting from imperial
or defective work done or m uctim, finished by the Seller. Acceptance or use of goods by the Purchaser shall rot
mrssdam, a waiver army claim under this warress, Except as ofervnse provided in his purchase order. the Sellers
liability hereunder shall extend to all damages proximately caused by he breach of my of the foregoing will
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaee may make changes to legal from, by writer change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any changes to the corms, other than ],,,I rem¢, including additions a or deletions from
the qr mines origiwlly ordered in the specifications or drawings, by verbal or wrinea change order. If any such
change affects the amount due or the time pfpemormwce hereunder, an equitable tomorrow shall be made.
6.7HERMINATIONS.
The Purchaser may at any time by —on change order, terminate this agreement as to my or all Panama of the
goods then not shippd, subject to any equitable adjustment between fie panics as to any work or =,crisis then in
progress provided that the Purchaser shall not be liable for my claims for anticipated prafts on the uncompleted
Portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with are,at a any goods which are the Sellers standard sack. No such mtmiation sbell relieve
the Purchaser or fie Seller army of their obligations to or any goods delivered Fcretuder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be trai ned within thin, (30) days Wm the date the change or termination is
ordered.
al. COMPLIANCE WITH LAW.
The Seller woman% that all goods sold hereunder shall have been produced, sold, delivered and fumishd in stria
compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
mcorpamted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
minimally and hold fie Purchaser haumless fmm all rusts and damages suffered by the Purchaser ss a reach of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, vansfeq or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller wall full, clear ad tmresfcted tire m fie Purchaser for all equipment, materials, and items Promised
in pert race of Nis agreement, Gee and clear of any and all liens, restrictions, reservations, security interest
awa=bmnees and claims ofothers.
13. FORCE IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If rate Pumhaer directs the Sella to coned nonconforming or defective goods by a dam to be agreed upon by the
gambol and the Seller, ad fie Sella thereafter indicates its inability or unwillingness a comply, the Purchases
may cause the work to be performed by the most expeditious meant available to it, and the Sella shall pay all
cases sss«iatd with such wask.
The Seller shall release the Purchaser and its confusion of any tier fmm all liability and claims of any nature
resulting from the pedhumance of such work.
This release shall apply even in the evert of fault of negligence of the party released and shall extend to fie
damges, officers call employees ofsuch patty.
The Sellers continental obligations, including waranry, shall not be deemed to be reduced, is any way, because
such work is performed or caused to by alien tl by fe Purchaser.
14. PATENTS.
WIwarver the Sella is required to use my design, device, material or process owned by laser, patent, trademark
or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims fa inGtnganent
by reason of the use of such pammd design, device materiel or process in aromatic. with the ca..,. ad
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged an pay by reasun of such
infringement at any time during the prosecution or afro fie completion of the work. In caw said equipment, or
any pas thereof or the intended awe of fie good. is w such suit held to constitute infngenmm and the use of
said equipment or pas is enjoined, fie Seller shall, at its own expense and at its apron, refer pmntre for the
Purchaser the right a continue nsiag said equipment or pass, replace the same with substantially equal but
mainfringing equipment, or modify it am it becomes noninfnnging.
15. WSOLVENCY.
If the Sella shall become imolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or us trnee for say of the Sellers property or In formal this order may fomawith he canceled by the
Producer wifwt liability.
16. GOVERNING LAW.
The definitions official used or the interpretation of fie agreement and me rights of all patties hereunder shall be
compared under and govmtcd by the laws ofthe State of Colamdo, USA.
The following Alifiomal Conditions, apply only a arias where the Seller is to perform work herewder
including fie sail as of Selers Repreuntativiss, an fie premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury m the work adfr materials before Sellers Eat completion and
aceepmace, complete the work at Sellers own expense and to fie satisfaction of the Purchases. When mmcrials
and equipment are fiunishd by others for installation or archon by the Sella, the Sella shall receive, wlwd,
store and handle same at the site and become responsible therefor as, though such materials and/or equipment
%me being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers carepeassaftion, including parliament
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws crime state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited a, command and autnmabile public
liability insurance with bodily injury and death limits of at least s300,000 for any one person, $500,000 for any
me accident and property damage limit per accident of S400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his emnrrinrs
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a an ficate
that such compensation and insurance have been Frivoled. Such certifiwms shalt specify fie dam what such
compensation and insurance have been provided. Such cenificlles shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire ..,it is mmpletd ad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kid
or nacre whatsoever to persons or property ausd by or resulting from fie execution ofthe work provided for in
this purchase order or in mansion herewith. The Seller will indemnify and hold harmless the Purchaser end any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expeaea, whether direr or indirect, ad whether to persons or property to which the Purchaser may
be put or subjet by reason of any act, action, neglect, omission or defwlt on fie For of the Sella, any of his
commodities, or any of fie Sailers or contractors officers, agents or employees. In cat any into or other
proceedings shall be brought against the Partial or its officers, agents or employees at my time on account or
by ream. of any act, action, neglect omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees ss aforesaid, fie Seller hereby imias to assume the ddenw thereof and to
defend fie same at fie Sellers own expense, to pay any and all costs, chaeges, attorneys fees and other expenses,
any and all judgments that may be terminal by or obtained against the Purchaxr or my of am or their officers,
agents or employees in such suite or oher pmcarlm s, and in rnm judgment or other lien be placed upon or
obtained against the property of fie Parochial or said patties in or as a result of such suits or other poceamp,
the Seller will at more cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shah lake all safety pecautio s, famish and imtsll all guards necessary for the prevention of
accidents, comply with all him and regulations with regard to marry including but without limitation, fly,
Occupational Safety and Health Act of 1970 and all rules road re,, lauom isrul pursuant human.
Revised 07R014