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HomeMy WebLinkAbout124926 RESPITE CARE INC - PURCHASE ORDER - 9146890PO PURCHASE ORDER 914689er Page Cltj/Of46890 tofz ' `tCollins( This number must appear {� V 1' on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 124926 RESPITE CARE INC 6203 S LEMAY AVE FORT COLLINS CO 80525-9436 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 ST 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 Childcare Scholarships 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.mm 1 LOT LS Total Pay terms net 30 days Invoice Address: 32, 500.00 YrIrl[rIr] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and Imal Uxa. Our Exemption Number is 11. NONWAIVER. 98A4502. Fedml Excise Tax Exemption California of Registry 84-6000587 0 egismod with ne Collator of Failure of the Purchaser to insist upon strict performance ofthe teats and moditions hereof, failure or delay to Internal Revenue, Drava, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exeaise any rights or rmdies provided Amin Or by law, failure to promptly notify the Seller m the an of e breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall nor elease the Sella of Goods Rejected. GOODS REJECTED due to failure to men specification. either when shipped or due on defects of any of the wormlies or obligatians of this purchase order and shall not be deemed a waiver of any right of the damage in tmmit, maybe reamed to you for credit and are not to be replaced except upon receipt of wdnm purchaser m insist upon strict performance hereof or any of its rights or remedies in to any such goods, regardless mountain" from the City of Fon Collins. of when shipped, received or accepted, for in any prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser opmtt as a waiver of any of the terms histaminic. GOODS ere subject to the City of Fon Collins initiation on arrival. hereof. Final Acceptance. Receipt of the merchandise, movicas or tyuipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. th auorised payment on the Pan of the City of Fort Collins, u Collins. However, it is he understood that FINAL Sella end the Purchuer recognlm dust an fcwal a mic practice, overcharges resulting brainantimal ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. violations are in fact home by the Pasadena.Therewfore,fro good eauu and as considmtion for executing this purchase order, the Seller hereby assigw in the Panamint any mad all claims it nay now have or bereana Freight From. Shipments most be F.O B., City of Fort Collins, 70b Wood St, Fon Collins, CO 80522, Is. acquired under federal or state antitrust laws fix such overcharges relating to the Particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accomoanv invoice. Additional charges for rocking will not be accented. Shipment Distance. Where manufxturers have distributing points in various parts of the coenuy, shipment is experd from the nmrat distribution prim to destitution, and excess freight will be deducted from Invoice what shipments are made fmm greater dis ame. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable lawsu regulations, ordinances and rules of the state, municipality, temtom or political subdivision where the work is performed, or a otored by any other duty cmntimted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins bmmless fmm all almost NI liability ell loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, sales requiranam. Authmisman. All parties to this contract agree that the representatives are, to fact, how ftde and possess full and mmplem authority so bind said parties. LIMITATION OF TERMS. This purchase Order expressly litrtin imminence m the terms and coeditioa stated herein set loath and any supplementary or additional pan and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions Emposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date ss noted. Time is of the..Or Delivery and performance must be eftened within the time sound on the purchase order and the documents attached hereto. No as of the Purchssers including, without hinumiom, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere and holding she Seller liable for damages. However, the Seller shall not be liable for damages an a result of delays due to causes tact reasonably honorable which art beyond its easonably am"[ all without its fault of negligence, such acts of God, acts ofcisil or military authorities, gos'emmmtal primifics, Gres, strikes. Band, epidemics, wars m riots provided but notice of the conditions causing such delay is given to the Pumbaser within five (5) days of the time when the Sella fro received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the parind egml to be time actually lost by rtamrs ofthe delay. 3. WARRANTY. The Sella wamum bar all goods, circles, materials aed work coved by this order will conform with applicable drawings, specifications, samples arbor other desaiptiom given, will be fit for the purposes mien" and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser formulas from any loss, damage or extent, which the Purchaser may suffer or incur on acooant of the Sellers breach of wamnty. The Sella shall replace, repair or make good, without .11. be purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by du terms of airy applicable warranty provided by the Sella after the date of acceptance of the good famished hereunder (namptmce not to be commumbly delayed), ravishing from impartial or defective work dune or materials formahed by the Seller. Acceptance or use of goods by the Purchaser shall naf constitute a waiver of any claim coder this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmmies or Simmons, but such liability shall in m event 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 Purchaser may make changes m legal terms by written change order. 5. CHANGES W COMMERCIAL TERMS. The Purchcsa may make any changes to the terms, other than legal terms, including addiliom m or deletions fmm the quo originally Ordered in the specifications or drawings, by verbm o xaitten change ender. If any such change affects the amount due or the time of performance hereunder an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by written change under, pmiap this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as or any work or materials then in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted potion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of thc Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relive the Purchaser or the Seller orally organic obligations in to any goods delivered hereinafter. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thim (30) days from the dare the change or formation ion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hermnda shall have been produced, sold, delivered end famished in strict compliance with all applicable laws and berm adons m which the goods ere subject The Seller shall execute and deliver such documents as may be rtquid to effect or evidence compliance. All laws and regulations requid to be ncorporared in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trawfec or convey this coda, or any monies due or in become due hereunder without the prior written common of the other parry. 10. TITLE The Sella wi manta full, clmr and utuesme" turbo dp Purchaser for ell equipment, materials, and it. handstand in performance of this agne.t, firm and clear of any and col liras, monism., resew 1mrs. sector, planar encublemnces and claims ofathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimas the Sella to correct nonconforming or defective good by a but to be agreed upon by the Purchaser and the Seller, and the Sell. thereafter locations its stability or unwillingness Ir comply, the Purchaser may cause the work to be performed by the most expeditious mead available in if, and the Seller shall pay all costs associated with such work. The Sella shall release the Pum mer and its contractors of any tier form all liability and claims of any nature moulting fmm the perfmmance of such work. This release shall apply even in the event of fault of negligence of the parry relcaed and shall extend In the dirrsctors, officers and employees of such patty. The Sellerss contractual obligations, including wanomy, shall not be denied to be reduced in any way, because such work 0 performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, device, material or process covered by later, parent, uadari or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in transaction with the comma, and shall indemnify the Purchaser fro any cast, expense or damage which it may be obliged to Pay by reason ofsuch infringement at any time dodo, the p rocriu an On after the completion of the work. In case said Norman, or any pan dame f or the intended use of the goods, is in such suit held to economic inGmgment and the use of said aquipmmt or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said albipment or parts, replace be same with substantially equal but rominfringing e9uipmem, or modify it sa it becomes noninGnging. IS. INSOLVENCY. If the Sena shall become insolvent or haNnupt, At an assignment for the benefit of crediron, appoint e Or haste for any of he Seaters property or businers, this order may forthwith be aanttled by the Purchase, without liability. 16, GOVERNING LAW. The definitions of pan bred m fors interpretation of the agreement road the rights ofall patties hertunda shall be onsuued under and govmed by the laws arms Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenrative(s), on the premises afothcrs. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Stilerss own risk until the same is illy completed and meeged, and shall, in e of any accident, destruction or Of to the work and/or materials before Seller's foal completion and mccamee, complete the work at Selleh awn expense and to the satisfaction ofthe Purchaser. When materials and equipment art fumishN by others for installation or erection by the Seller, the Sella shall receive, unload, sort and handle same at the arm and become resporssible therefor o though Such maerials not equipment were being fmished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this p rmhose order, anbor for their dependents in accordance with fare laws of the .it in which the work is m be done. The Sella shall also tarty comprehensive gmml liability including, but not limited m, contractual and automobile public liability insurance wind bodily injury and death limits of at least S)00,00f) for my one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise main, his contractors, if any, to provide for such compensation and insurance. Before any of the Sella or his contractors employees shall do any work In the premiss of others, the Seller shall famish the Purcuxva with a certificate thol such compersarian and insurance have been provided. Such c nincatrs stall specify the date when such mmpebradon and momnce have been provided. Such certificass shall spaifythe date when such compel man and insurance expires. The Seller agrees that such compensation and itnumnce shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raponaibild, and liability for any and all damage. loss or injury ofmy kind r mum whatsoever to Parsow or pmpary mused by or resulting firm the execution of the work Provided for in this purchase order or in connection herewith. The Sella will indemnify and hold foamless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property in which the Purchaser may he put or subject by reason of any act, action, neglect, omission at default on the put of the Seller, my of his contractors, n any of the Sellers or contractors officers, agents or employees. In ease my suit or other proceedings shall be brought against the Purchaser, or its officers, aged or employees at my time on Kcorat l or by brawn of any mL action, neglect, omission or default of the Seller of any of his contractors or any of its or their ofHcas, agents or employees as aforesaid, the Seller hereby agrees to assume the del thereof and to defend the same at the Sellers own.,,., m pay any and all casts, charges, attorneys fees and other expersscs, any and all judgments dust maybe incurred by or combat against the Purchaser or any of its or their ofBcen, agents or employees On such suin or be, proccedlings, and in rase judgment or mho lam be platted upon or Obtained against the property offbe Purchaser, or said parties in or as a mutt ofsuch suits or other proceedings, the Sella will of once come the more to be dissolved and discharged by giving bond or oflcrovisr. The Sella and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatioml Safety and Health Act of 1970 and all roles and regulation issued pursumt lbercfo. Revised 072014