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HomeMy WebLinkAbout129905 ELDERHAUS ADULT DAY PROGRAMS INC - PURCHASE ORDER - 9146886PO PURCHASE ORDER 914688er Page rCI'h/ of PURCHASE 46886 1 of 2 Flirt Collins( This number must appear !I\V`I ` V �7 on all invoices, packing �sllps and labels. Date: 11/25/2014 Vendor: 129905 ELDERHAUS ADULT DAY PROGRAMS INC 605 S SHIELDS ST FORT COLLINS CO 80521-3539 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 Mindset Therapeutic Activ ity Program as 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.com 1 LOT LS 27,878.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCLALDETAILS. Tax exemptions. By statute the City of Too Collins is exempt form store and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with rise Collector of Failure of the Purchaser As insist upon spiel performance of the tenor and simulations hereof, failure or delay to Internal Revenue, Drnver, Colorado (ReE Colorado Revised Somata 1973, Chapter 39-26, 114 (a). exercise any rights or remedies m ided herein or by law, feilum in promptly notify the Seller in the a ad of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to 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 returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies As to any such goods, regardless impactions from the City of Fan Collim. of whrn shipped, received or accepted, ex 10 any prior or subaaaent defauh haymaker, nor shall any puryoned oral modification or rescission of this purchase oiler by the purchaser opemm as a waiver of Any of the seam Initiation. GOODS Am subject to the City ofFort Colima initiation on arrival. hereof. Final Acceptance. Racipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. th auorized payment on the part of the City of Fort Collins. However, it is to ho understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from Antitrust ACCEPTANCE is dependeat upon completion craft applicable required impaction proadurt. violations are m fact home by the Purchaser. Theretofore, for good cause and As consideration for executing this purchax order, Nc Seller hereby assigns An the Purchaser any and ell claims it no, now, have or hereafter Freight Terms. Shipments must W F.O.D., City of Fort Collins, 700 Woad St., For Collins, CO 80522, unless acquired order federal or state antimal laws for such overcharges relating Or the particular good or smices Otherwise specified on this rude, If promosion is given to prepay freight and charge separately, the m it inal freight purchased or acquired by the purchaser pursuant to this purchase order. bill must accomvanv invoice. Additional charm for mckin , will not be accented. Shipment Distance. When, manufacturers have dominating points in various parts of the country, shipment is expected form the normal distribution prim to destination, and excess freight will No deducted form Invoice whim shipments are made Imo grate distance. Permits. Seiler shall procure at sellers sole east all necessary permits, certificates and Ilcemes required by all Applicable laws, regulations, ordinances and ales Of the smm, municipality, ternary or political subdivision where the work is performed, or required by any other duly comlitund public authority having jurisdiction over the wok of vendor. Seller fuller agrees to hold the City of Fart Collins harmless from it against all liability and loss incurred by them by ream. of An asserted or coublishW violation of any such laws, regulaniom, ordinances, ales and rataire nems. Authorization. All parties to this contract agree that the mpresentatives are, in fact, boon fide sad possess full and complete authority as bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and ambitious stated herein set forth and any supplementary, or ndditimal terms, and conditions manual hereto or incorporated herein by reference. Any additional or dilfnat terms and conditions proposed by seller Are objected to and hereby ogested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carmot make complete shipmertto arrive on your promised delivery date as noted. Time is of the essence. Deliver, and performance most be effected within the time stated on the purchase order end the documents arched here.. No acto of the Pumhasers including, without limitation, Acceptance of parial late deliveries, shall operate As a waiver Affix provision. In tire event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this Amer elsewhere and holding the Seller liable for damages. Iiuweveq Ire Seller shall not be liable for damages as A result of delays due to causes out reasonably fresu able which are beyond its reasonable control end without its fault of negligence, such ecu ofGcd' aces of civil or military vuthorifies, govemmental prmn iea, fires, spd:es, Road, epidarvrs, wars or riots provided chat notice of the conditions outing such delay is given to the Purchases within five (5) days of the time when the Seller firsI received knowledge thereof. In the event of any such delay, the dam of delivery shall be, exmnded fir the period equal to the time actually Imo by reason ofthc delay. 3. WARRANTY. The Seller warrants that all good, Aurelio, mmernals and wok movement by this order will context with Applicable drawings, spaifications, samples andfor other descriptions given, will be III for the purposes intended. And performed with the highest degree of ore all competence in accordance with accepted standard for wok of a similar nature. The Seller agrees to hold rise purchaser hmmlos four any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchase, any defects or faults arising within one (1) year or within such longer period of Sam As may be prescribed by law or by the mom of my Applicable w..y provided by the Seller Ana the dam of acceptance of Ne good famished hereunder (Ac Tmea<e col to be nably delayed), faulting from Antitumor or defective work done at marmots finished by the Seller. Acceptance or use of goods by the purchaser shall not onstimre a waiver of any claim under this warranty. Except in otherwise provided in this purchase maker, the Sellers liability heremula shall extend to all damages proximately nosed by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include [Am Affinities 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 teats by carmen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tands, other than legal terror, including mullions to or deletions from the gowaini. originally ordered in me specifimtiam or drawings, by verbal or xnnen change order. If Any such change affects the amount due ache time ofpefffiranwee hereunder, an equitable adjnvocal Alto[] be made. b. TERMINATIONS. The Purchaser may at any time by written change order, mmdnate this agreement As to any or all pompon of the goods then not shipped, subject m any equitable adjusnnent between the parties in to any work or materials than in pm&mas provided that the Purchaser shall not be liable for Any claims for Anticipated profits on the uncompleted ,onion of the goad andfor work, for incidental of consequential damages, and that no such Adjustment be made in favor of the Seller with respect many goods which Am the Sellers standard stock. No such tarrumtion shall orm,m the Purchaser or the Seller crony oftheir obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for Mlinsfnunt most be msefted within thirty (30) days form the date the change of nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the good are worse. The Seller shall execute And deliver such documents As may W required to effect in evidence compliance. All laws and regulations required to be vewpomted th agreements of this character am hereby ineoryonal herein by this refefinee. The Sella agrees to indemnify and hold the Pursiona bamtless Item all costs and dumages suffered by the Purchaser As a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party sba l assign, pamfer, or convey this order, or any monies due or As become due heremda without rise prim wring award ofthe miser many. 10. TITLE. The Seller wananes III, clear and unrestricted file to fire Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any And all liens, restrictions, reservations, security interest eacufMranem and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and she Seller, and the Seller lhemaRa indicates its irabiliy or unwillingness Io comply, the Taochmer may puss the work I. be perfoomnd by the cam, expedition mom mailable to it, and the Seller shall pay all costs Associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature pulling from the performance of such work. This release shall apply men in the event of fault of negligence of the party released and shall extend to the direenrs, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is Performed or consort to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is uquirN to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pumbsser from any and all claims for infringement by reason of the we of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchase for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the Fornication or after the completion of the work. In case said equip rural, or any pan thereof or the intended sou of the good, is in such suit held to candidate inrnngement and the sex of said equipment or pan is rnjoined, the Seller shall, At its own expense ..it at its option, either pmcum ( the Purchaser the fight to continue using said equipment or pairs, replace the same with substantially equal but noninfringing equipment, or modify it sr it becomes noninfrrnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make An e¢igfunem for the bereft of cudimrs, appoint e meeiver or tmsom for my of rise Sellers Property or business, this order may forthwith be, canceled by the Purchssu without liability. 16. GOVERNING LAW. The def nitiom ofit. used or the mormor ation of the agreement and the rights of all panirs hereunder shall be concerned ender and governed by the laws ofthe State ofColmado, USA. The fallowing Additional Conditions apply only in Imes where the Seller ex m perform work hereunder, including the services of Sellers Repromarative(s), on the premises Of ohers. ❑. SELLERS RESPONSIBILITY. The Seller shill Arty on said work at Scllms own risk ,if me same is Illy completed And Accepted, and atoll, in rase of any Accident, dam -fiction or injury m the work Will findai da before Sellers final completion and acceptance, complete the work at Sellers own expense and To the satisfaction of the Purchase, When materials and equipment Are famished by others for installation or arctic. by the Sella the Seller shall receive, unload, store and handle same at the site and become responsible therefor As though such materials andfor equipment were being discohed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compemation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andfor to their dependents in accordance with the laws of the slate in which the work is to be dare. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limier, or At last S300,000 fir any one person, S500.000 for any one Accident and property damage limit per accident of Sd00,000. The Sella shall likewise require his withrolors, if ary, to provide for such wmpmsation and insurance. Before Any of the Sellers or his contractors employees shall do any work aeon the premises orofem. the Sella shall furnish the Purchaser wish a certificate that such compensation and iruumnce have been provided. Such certificates shall specify the doe when such compensation and insurance have ban provided. Such cenifiota shall specify the date what such compensation and imurmee expires. The Seller Agrees thus such compemntion And insonecom shall be maAAwA J until after the entire work is conade ed and Acce aril. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby .,..As the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whmsrever to persons or property caused 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 use Purchaser and any m all of the Purchasers officers, agents and employees form And against Any and it claims, I., d ical charges or expenses, whether direct or indirect, and whether to persons or property to which rise Purchaser may In, put or subject by reason of any act, Action, neglect, omission or default on the port of the Seller, any of his contmclon, or any of the Sellers or contractors officers, agents or employees. In use Any suit or other proceedings shall be brought against live Purchase, or am officers, agents ar employers At any time on Account or by roman of any act, action, neglect, omission or defult of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thenof And m defend the some at the Sellers Own expense. in pay any And all casts, charges, Womeys foes and other expenses, any and .11 judgments Nat may be inured by m obtained against the Purchaser or any of its or their Orleans, Agents or employees in such suits Or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of Ne Purchase, or said .I. in or as a trial of such suits or other proceedings, the Seller will of once ouse the lama as be dissolved And discharged by giving bond or otherwise. The Seller and his commurors shall take all safety precautions, famish and mstoll all guard ae<asary for the prevemion of Accidents, comply with all laws and regulations with regard to nfey including, but without limitation, rise Occupational Safety and Beach Act or 1970 and all rules and regulations amused pursuant therem. Resonant 07n014