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HomeMy WebLinkAbout113967 PROJECT SELF SUFFICIENCY - PURCHASE ORDER - 9146893PO PURCHASE ORDER 914689er Page City of PURCHASE 9146893 1012 ' `t Collins lins This number must appear V ` on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 113967 PROJECT SELF SUFFICIENCY 375 W 37TH ST #150 LOVELAND CO 80538 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 Services for Single Paren 1 LOT LS 30,000.00 t Families 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@fogov.com Total $30,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By staNte the City of Fan Collins isexempt from sure and local taxes. Our Exemption Number is 98L4502, Federal Excise Tax Exemption Cenifcan of Regimry 84-6000587 is registered with the Collector of Internal Revenue, Drover, Colorado (Ref Colorado Revised Sutures 1973, Chapter 39 26,114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in ,mnit, may be retunt to you for credit and are not to be replaced except upon receipt of wrihen inwctions from the City of Fan Collins. Impenion. GOODS an subject m the City of Fort Collins irsspeaion an snivel. Final Acceptance. Raclin of the merchand ee. avi. a equipment in response m his other can result in authonad payment on the poor of the City of Fan Collins. However, it is to he, understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required impaction pmcedures. Freight Term. Shipments must be F.O.B., City of Fort Collins, /00 Wood St., Fon Collins, CO 80522, unless otherwise specified an this other. Hpermission is given to poepay freight and charge aeparately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipnsnt I i,amm. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments art made fmm greater dlsomm. Pemtits. Seller shall procure at sellers sale am, all i musary permits, certificates and licenses mmfixi by ell applicable laws, regulations, odinances end cotes of the were, municipality, territory or political subdivision where the work is performed, or required by any other duly contlmted public authority having jurisdiction over he work of vendor. Seller fMer agrees to hold the City of Fort Collins harmless from and against ell liability and loss incurred by them by reason of an assened or esublished violation of any such laws, regulations, ordinances, rules and expi.menrs. Amhmzalim, All parties to this cooh or upon that the representatives are, in fact, bona Ede and possess full not complete a ithomy m bind mail parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sorted herein set fah and any supplementary or additional terms and canditioru annexed hermO of Incorporated herein by reference. Any additional or different term and conditions proposed by seller are objected m and hereby rejecrd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou mnmt make complete shipment to solve on your promised delivery date as nomd. Time is of the essence. Delivery and paft-comm, most be effected within the time stated oa tla, purchase other and the documents uttschat hereto. No acts of the Purchasers includin, without limitation, mceptance of partial late deliveries, shall Operate as a waiver of this provision. In the event of any delay, the Paclower shall lave, in addition ro other legal and equitable candies, the option ofplacing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages us a result of delays due to woos not reasonably foreseeable which are beyond its reasonable control and without its find, i firegligrnce, such acts of God, acts ofeivil or military authorities, pawrmmul prfonties, fins, wakes, Rook epidemics, was or riots 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 thereof In the event of any such delay, the date of delivery shall be extended for he pmod equal to the time actually Intl by reason of the delay. 3. WARRANTY. The Seller we. that all gongs, articles, namdals and work awasel by this odor will coofomt with applicable drawings, spaificedons, samples at other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a collar nature. The Seller agrees to hold the purchaser harmless from any loss, damage m expense which the Purchaser may suffer or incur on account ofhhe Sellers breach of warranty. The Seller shall replace, repair or make good, without emno the purchaser, my defeat or faults arising within fine (1) year or within such longer period of fire as may be prescribd by law ar by the ¢rase of my applicable wamnry pmvidcd by he Seller offer he time of acceptance of the goods Famished hereunder (azccpunce not to ho unreasonably delayed), resulting fmm imperfect or defective work done or materials f ished by the Sella. Acceptance or use of goods by the Pontoon shall not onmitute a waiver of any claim tinder this womanly. Except m otherwise provided in this purchase onla, the Sellers liability hereua lm shall extend to all damages proximately caused by rise breach of any of the foregoing warranties or guarantees, Lou such liability shall in no event include Ions of profits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes ro the lams, other Nan legal term, including additions to or deletions from the quantities Omgimlly ordered in the specifications or drawings, by verbal or winner change Oder. If my such change affects fie amount due or the time of performance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change odes, terminate this agreement as f my or all portions of the goads then not shipped, subject to any equitable ndjuUmrnt between the parties .10 any work or materials then in progress provided that the Pantheism shall not be liable for any claims for anticipated prolirs on Be uncompleted Portion of rise goods at War work, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with ov at 1. my goad which an flue Sellers sandard stark. No such termination shall relieve the Purchaser or the Seller of any of their obligations as many gaol delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days fmm the dam the change or mrmination is ardend 8. COMPLIANCE WTTH LAW. The Seller warrants hat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such da+unents to may be required to effect or evidence compliance. All laws and regulations required to be mcorporded in agreements of this character art hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Purchaser hamdess form all mars and damages suffered by the. Pumhaser as a resat, Of fire Sellers fmlure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, number, or Canvey this order, or any monies due or to become due hereunder without the prior wrnen conmt of rise other party. 10. TITLE The Seller wamnu full, clew and muesheted title to fie Purchaser fen all equipment, materiah, and it. fumishd in Performance of this agreement, f and clear of my and all liens, resbiniona, reservations, security interest encumbrances and claims Ofotbers. 11. NONWAIVER. Failure of the Purchaser m insist upon strict prommrance of the terms and conditions hereof, failure or delay to ana carov y .,his ndies Pided human or by law, failure to Formally owity the Seller m the event of a breach, the acceptance Of- payment for goods hereunder, or appnvel of the design, shall not reeae the Seller of any Of the wmrmin s or obligations of his provisos order and shall not be deemed a waiver of any right of the purchaser to insist it. son, performance hereafor any of its rights or remedies as to any such gnaws, regardless of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall my parported am] modification or rescission of this purchase order by he Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual a ro is practice, overcharges resulting from antitmat violations are in fact bore by the Purchaser. Theretofore, forgoodcause and n cansidemtion for executing this purchase order, the Seller hereby assigns to he Purchaser any and all claims it may now have or hereafter acquired under pol l or state mturnat laws for such armchairs; redoing to rise particular goods or services purchased or acquired] by the Purchaser pttrsumt b this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I rfl a Purchaser directs the Seller m camas nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be, pamnmd by he most expeditics. means available to it, and the Seller shall Ray all errs associated with such work. The Seller shall release the Purchase, and its conrmcmrs of any tier from all liability and claims of any nature resulting fmm the performance nfsuch work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the dinaram, affirms and employees of such pony. The Shcefs communist obligations, including warranty, shall not be deemed to be actual. in any way, because such work is Performed or roused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, Patent, uademark r copyright, the Seller shall indemnify and save barmless the Purchsser (rant any and all claims for infringement by raven of Joe use of such amented design, device, material ar process in comedian with the overact and shall indemnify the Purchaser for any cost, expense Or damage which it may Ix obliged. pay by reason of such infringement m any time during the poe amion or after the completion of the work. In case said equipment, or any part ,heraf or the intended ass of he goods, is in such .it held m condition infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said eq.i,.nt or Not, replace the some with substantially tynal bur twninfringing equipment, or modify it sec it becmnes mninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a remeiver or mine for any of the Sellers imperty or business, this Oder may fonhwilh be canceled by the Purchner without liability. 16. GOVERNING LAW. The definition oFla. mad or he interpretation afhe agnemeot and the rights of all panic havander shall be command under and gmamed by he laws ofhe State ofColomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ro presentative(s), on the premises ofothat. 19. SELLERS RESPONSIBILITY. The Seller shall entry on said work at Sell&, own risk until she same is fully completed and azcWbd. and sbell, in use of any accident, damction or injury to the work anchor mamriala before Sellers final completion and acceptance, complete the work at Sellers awn expense and to he satisfaction of the Puncheon. When materials and equipment an fumuked by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same m the site and become resyomible rhermfor as though such materials and/or equipment were being( ished by the Sella under he will 18. INSURANCE. The Seller shall, at his awn expense, provide fir the payment of workers compensation, including oceupaional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or f their dependents in accordance with the laws of rise state in which he work is f be done. The Seller shall also carry compmheus v< Lawson liability including, but not limited to, commcmal and automobile public liability'umumnce with bodily injury and dealt limits of at least S300,000 for any core person. SS00,o00 fen my One accident and property damage limit per accident of S400,000. The Seller shall likewise social. his corrosion, Hang, to provide for such compensation and immence. Before my of the Sellers or his contractors employees shall do my work upon the premisesof others, the Seller shall famish the Purchoser with a cerifimm unit such compensation and insurance have been provided. Such certificates shall specify the date when such commutation and insurance have been provided. Such anificates shah specify the time when such mmpensauon and insurance expires. The Seller agrees that such compensation not because shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rupwrif icily and liability for any and all damage, loss or injury ofany kind or natme whatsoever to persons or property caused by or resulting from the execution of the work Provided for in this purchase order or in connection hetewith. The Seller will indemnify and hold harmless the Pumhaer and any r all of the Purchasers oIRa s, .germ and employees form and against my and all claims, lasso, damages, charge or e.,mi whether direct fir indirect, and whether to persona or prope,r to which the P rwheser may Lee put or subject by pawn of any acl, action, neglect, omission in default on he part of the Sewer, any of his commcmrs, or any of the Sellers w contractors officers, agents fir employes. In are, my suit w other proceedings shall be brought against the Purchaser, or its ORcers, agents or employees at any time on mcoum or by reason 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 as aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same a, the Selina own expense, to nay any and all costs, changes, ahmnays feu and other expio., my and all jact firms that may be incurred by or obtaind against the Purchaser or my of its or their officm, agents or employees in such suits or other proceedings, not in case judgment or other lim be plecd upon or obtained against the property of the Purchaser, or said panic in Or as a resuh of such suits or other proceedings, the Seller will at once cause the same to Its, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and irmull all goads tucescary for me privation of accidents, comply work all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issud pursuant hemp. Revised 07R014