HomeMy WebLinkAbout109737 TEACHING TREE EARLY CHILDHOOD LEARNING CENT - PURCHASE ORDER - 9146891PO
PURCHASE ORDER 9146891 Page
C117/ of PURCHASE
46891 t of 2
' `tCollinsI This number must appear
V " 1' on all invoices, packing
sli s and labels.
Date: 11125/2014
Vendor: 109737
TEACHING TREE
EARLY CHILDHOOD LEARNING CENTER
424 PINE ST #100
FORT COLLINS CO 80524-2421
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
FY14 UDCC Childcare Scholarshi
ps as contracted on 9119/14
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@fogov.00m
1 LOT LS
Total
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
L COMMERCLVLDETAILS.
Tax exemptions. By sntum the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon inner performance of the teams vad condiii ons here.[ failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any nglds or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of., payment for goorl hermaderor app.wq ofhe design, shall not coleau the Seller of
Goods Rejected. GOODS BEEF= due to failure to meet speci ennuis, either when stopped or due to defar. of
any of the warranties or obliganmcs of this purchau order and shall not be deemed a waiver of any right of the
damage lit .it, may he tenanted b you for credit and are not to he replaced except upon receipt of women
purchaser to imist upon since performance hoofer any of its rights or remedies as to any such goods, regardless
inwctios bon the City of Fort Collins.
of when shipped, received m accepted, as to any prim or terminal default hereunder, nor shall any pre moed
oral modification er rescission of this pamhue males by doe Pmcraser operate as a waiver of any of the term
Inspection. GOODS arc subject as the City of Fort Collins inpection m radial.
hereof
Final Aceeptance. Road of the merchandise, services or equipment in rapone to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
nuforised payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in round economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations am in fact home by the Purchaser.Theretofore,for good cause and as consideration for executing this
purchase oMet, the Seller hereby assign 10 the Purchaser any and all claims it may now have or header,
Freight Temps. Shipments must be F.O.B., City of Fort Collins, 700 Wool St., Fort Collins, CO 80522, unless
acquired under Behind or state mtitmst laws for such overchmga relating to the particular guests or services
otherwise specified on this order. if pmnission is given to prepay freight rand charge separately. the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill muss accompany invoice. Additional charges fen Picking will not be accepted.
Moisture, Dommeni Where manufacturers have disfbuting points in arawas parts of the ountry, shipment is
expected from Ore nmeat distribution paint to destination, and excess freight will be deducted fmm Invoice when
shipments am made from greater distance.
Permits. Seller shall procure .1 sellers sole cost all ncamy, pemlk, obliterate and Brows required by all
applicable laws, regulations, ordinances and rates of the tone, municipality, mrimry or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor Seller further agrees to hold the City of Fan Collins hamlcss from vital against all liability and lass
incurred by them by rason of an aliened or established violation of any such laws, mutilations, ordiaunces. color
and mryiremenk.
Audamealion. AIL parties to this contract agree that the reprommativa are, in fact, bona fide and possess full and
complex m1henty 10 bind said parties.
LIMITATION OF TERMS. This Function, Order expressly limits mean nw to the terms and conditions stated
herein set forth and any supplementary or additional mmrs and conditions annexed hereto or incorporated herein by
ceramic. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Hymn cannot make complete shipment 10 arive an your
promised delivery door n styled. Time pi of the essence. Delivery and performmme muss be effected within the lime
sited on fie parchau order and the don ets anached haeo. No aces of Om Purchasers mehadin& without
limldm, nowptntt officinal dare deliveries, shall Varm as a waiver offis provision. In fie event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller dull not be liable for damages as a rind, of delays
due to causes not actionably foreseeable which are beyond ils reasonable control and without its fault of negligence,
such mis m6od, acts afcivil or military ationitia, govemmenol prosodies, Gres, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time who fie Seller first received knowledge thereof, In the event of my such delay, the dale of delivery shall he
extended fen she period ryual to the dime actually last by reason off, delay.
3. WARRANTY.
The Seller wamnts that all goods, articles, materials and work covered by this order will conf with applicable
drawings, specification, samples adNer other descriptions given, will be f for the purposes intended, and
perfomed with the highest degree of cart and competence in ncordansc with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchasermay suffer or incur on account offe Sellers breach ofwamnty. The Seller shall replace, repo it or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may he proscribed by law or by the team of my applicable warranty provided by fie Sella after she date of
acceptmce of the gods famished hereunder (morppirce not as he urueasowbly delayed), resulting form imperfect
or &feai, work done or materials burniMd by fe Sella. Acceptance or use of good by the Purchaser shall no,
anoints, a waiver of my claim undo this aarrnty. Except as otherwise provided in this purchase orda, the Sellers
liability hereunder shot] extend to all damages proximately aimed by the breach of any offe foregoing warranties
Or gmmntces, but such liability shall in no even include loss of profits or Ins of vie. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Parchna may make changes to legal terms by wrinev change undo.
5. CHANGES IN COMMERCIAL TERMS.
The Purchases may make any charges to the terms, other gran legal terms, including addition to in deletion fmm
the quantities originally award in fie spmeification or drawings, by vabol or written change oMer. If my such
change affects the aroma, due or the time ofpafomame hereunder, an equitable i djmstmem shall be made.
6. TERMINATIONS.
The Purchaser may nt any fine by wroor change order mmrmine this agreement as to any m rill ..arm of the
goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in
progress provided fen the Purchaser shall not be liable for any claims fur an,icip did profits on the uncompleted
portion of the good earlier work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respcc, to my goods which ate the Sellers stanched stock. No such nomination shall relieve
fie Purchaser or the Sella ofany.fth,h oblig,ion as le any good delivered hermax .
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) dayx fmm fie dale fe change or mmitndion is
overed.
H. COMPLIANCE WITH LAW.
The Seller wartnnls that all good sold hereunder shall have been produced, sold, delivered and famished in shict
compliance with all applicable laws and regulations to which the good are subject The Sella shape execute and
deliver such domnme, as may be required to effect or evidence compliance. All laws and regulation required to be
ineorporated in agreements of this chaaam are hereby incopomted herein by this reference. The Sella agrees in
indemnify and Iwld Om Forequarter harmless fmm all ask and damages ruffered by fie Paehawr n is desul, of rise
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order or any monies due or to became due heeunder without the
prior wrinm consent of the other pray.
if. TITLE.
The Sella warrants full, clear and umtshlcted title to the PurcM1asa for all equipment, tnnerialb, and items f fished
in performance
a of this agreement, fees and clear of my and MI liem, ne ictions, reservationec , surity interest
encumbranceand claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If fie Purchaser directs the Sella to eoroo nonconfomaimg or defective rods by. aide to be agreed upon by fie
purchaser and the Scllm ,and on Sella donations indicates its inability or unwillingness to comply, the Purchaser
may rani the work m he pew rmed by the most expeditious an, available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchase and its resonances of any tin from all liability and elmo s of any oo rid,
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of ❑m party released and shall extend b the
directors, officers and employees ofsuch party.
The Sit onmemal obligation, including wamny, shall not be deayed to he reduced, is any way, becauu
such work is performed or caused,. be perfomed by the Pnchucr.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save pran eas the Foretaste fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contact, cud
shall ma emnify the purchaser fir any cost expense me damage which it may he obliged to pay by rearm of such
infringement at any time done, the prosecution or .fin the completion of the work. In eau said a p.quir ,, of
my port fmbef or the intended use of the goods. is in such suit held to constitute mfringrntent Vd the use of
said equipment or pan is enjoined, the Sella shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninGtnging equipment, or modify it so it becomes noninfnmong.
15. INSOLVENCY.
If the Seller shall become Inolvent or bankrupt, make an assignment for the benefit of cro mm. appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith Be canceled by the
Purchase without liability.
16. GOVERNING LAW.
The definome, of terms used or the intelproation offe agreement mM Om rights of all parties hereunder shall be
romtrued under am governed by the laws offe State ofColoado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services ofSellem Represenmtive(s), on fie premises of others.
IT. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Seller's own risk nndi the same is fully completed and accepted, and shall,
in case of my accident, destruction on injury in the work matter materials before Sellers Final completion and
mainframe, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment art fumishsl by ofers for installation or erosion by the Seller, the Sella shall receive, unload,
sore and handle same at the site and hecome reaponable therefor as though such materiels andor equipment
were being famished by the Seller under fie order.
18. INSURANCE.
The Seller shall, a, his own expense, provide for the payment of workers compensation, including occupational
disease bemfik, to its employees employed on or in connection with the work covered by this purchase order,
super to their dependents in accordance with the laws of the spite in which fie work is to he done. The Seller
shall also carry comprehensive grneal liability melmoV, be, no, limited b, onmactnl not automobile Public
liability insurance with bodily injury and deaf limits of et least 5300,000 fen my ace Pernew, 5500J100 for any
one accident and property damage limit per accident of S4100,000. The Sella shall likewise require his
commemrs, if any, m provide for such ramp .a. rid insurance. Befm any of fie Sellers of his contractors
employees shall do any work upon fie prem6es of others, fie Sella shall famish the lanhaser with a cenificam
that such compensation and insurance have ban provided. Such cenificams shape specify the dam who such
compensation and insurance have been provided. Stab modicum, shall specify the date when such compensation
and insurance expire. The Sella agrcs that such compensation and impact shall be mormined until alter fie
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella body, ass afe entire eesponibility and liability for any red all damage, loss or injury ofny kind
or rams, whatsoever to person or property caused by or resulting fmm the execution of she wok provided for in
this purame order or in manection herewith. The Sella will indemnify and hold M1mmless the Purchaser and my
r all of the Purchasers officers, agent and employees Gom end again, my and all claims, posses, damagen,
charges or expenses, whether direct or indirect and whether to persons or property m which the Purchaser may
be put of subject by reason of any act, actin, neglect, omission or default on the pan of the Seller, any of his
onbactors, or my of the Sellers or contractors officers, agents or employees. In cam any suit or other
proceedings .hall he brought against fie Purchucr, or its officers, agents or employees at my time on account or
by sawn of any act action, neglect, omission or default of she Sella of any of his comments or my of its or
their officers, agents at employees m aforesaid, the Sella hereby agrees to assume the defense fetaof and to
defend the same at the Sellers own expense, an pay my and alp cask, clual s, atom ys fees and afar exposes,
my and all jith mens that may be inemred by or obtained against fie PncM1ua or any of its or their ofcers,
agmf or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or
obtainW upon the pmpary offe Purchase, or said pants in or as a mull of surb suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving band or otberwise. The Sella and
his contractors shall take all safety precaution, famish and install all grand necessary for the prevention of
accident, comply with a] laws and regulation with regand to safety including, but without limitation, fe
Ommar ioml Safety arM Health Act of 1970 and ell rules and regulation issued pursuant thacm.
Revised 07R014