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HomeMy WebLinkAbout506021 THE GLBT COMMUNITY CENTER OF COLORADO - PURCHASE ORDER - 9146894PURCHASE ORDER PO Number Page City of^OIl' s� asssa 1 of 2 ' `t ( V„s This number must appear ` 1 1 on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 506021 Ship To: THE GLBT COMMUNITY CENTER OF COLORADO 1301 E COLFAX AVE DENVER CO 80518 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 Rainbow Alley Youth Svcs 1 LOT LS 3,000.00 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.com Total $3,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By,awme the City of Fon Calluesis exempt from stare 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 strict performance of the [emus and conditions hereof, failure or delay to loam.] Revenue, Denver, Colorado (Ref. Colorado Revised Satutes 1993, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of me design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defem, 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 6ansit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any su.h goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any propmed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the firms Inspection. GOODS are subject to the City of Fon Collins impection on arrival. hereof. Final Acceptance. Receipt of the mmchandise, worries or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authotnon th ed payment e part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Gm a antitrust ACCEPTANCE is depn edent upon completion ofall applicable required inspection procedures. violations are in fact home by the Pumbrear. Therere tofofotgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relai ng to the particular goods or services otherwise specified on this order. If permission is it. to prepay freight and charge separately, the original freight purchased at acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Dusimae. Where manufreduars have distributing points in various parts of the country, shipment is expected firm the neatest distribution point m destination, and excess freight will be deducted from Invoice when shipmenu are made from Peale, distance. Penn s, Seller shall procure at sellers sole cost all necessary permits, candidates and licenses required by all applicable laws, regulations, oadinsores and roles of the state, municipality, mormi or political subdivision where the work is performed, or ,cited by a, other duly a ... hoped public authority having junad omen over the work of vendor. Seller further agrees to hold the City of For Collins harmless from and against all liability end loss e cared by them by reason of sm asserted or established violation of any such laws, regulations, ordinances, roles add regviremrne,. Authorization. All parties to this contract agree that the representatives are, in fac% bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS This PureM1ase Order expressly Brads acceptance to the teems and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hemm or incorpamted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your promired delivery date as noted Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order cad the documents attached herein. No acts ofthe Purchasers including, without limitation, acceptance of partial late delivedes, shall operate as a waiver of this provision, lu the event of any delay, the Purchaser shall have, is addition to other legal and equitable remedies, the option of placing this order elsewhere cad holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of neglignce, such acts of Gad, ace, of civil or military a ithenties, govemmental pronries, fires, strikes, Rood, epidemics, wars or dots provided that notice of the conditions reusing such delay is given to the Purchaser within five (5) days of the time when the Seller first received know) dge thereof. In the event of my such delay, the dale of delivery shall be extended for the period equal to the time acmally lost by reason ofthe debt, 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in aewrdaae , 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 Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repai, or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such Imager permit of time as may be presented by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be, umeamnably delayed), resulting from imperfwt or defective work done or materials famished by the Seller. Acceptance or use of pods by the Purchaser shall not constitute a waiver of any claim major this warranty. Except as otherwise provided in this purchase order, the Sellers liability herwnde, shall extend m all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss 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 writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quamities originally ordered in the specifications or drawings, by verbal or wrnen change order If any such change starts the amount due or the time of performance Immunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all porticus of the goods then not shipped, subject to any equitable adjustment be.— the panics as to my work or marmots then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted ,action of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change W termination is oadered. 8. COMPLIANCE WITH LAW. The Seller warrants the, all goads sold hereunder shall have born produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents ns may be required to effeet or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are 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 the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign transfer, or convey this order, or any monies due or m become due hereunder without the ,no, written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and umcstncrd title m the Purchaser for all equipment, materials, and items f fished in performance of this agreement, free and clear of any and all liars, restrictions, reservations, mainly interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to caned nonconforming or defective goods by a date to be agreed upon by the Purchase, and the Seller, and the Seller thmeaffer indicates its inability or unwillingness to comply, the Pumharwr may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all coat associated with m.h work. The Seller shall release the Purchaser and its comramors of my tier from all liability and claims of any nature resulting firm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees mFsuaM1 patty. The Sellers contractual obligations, including warranty, shall not be deemed to be control, in any way, because such work is preformed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lemor, Farm', trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infinnimmenl by reason of the use of such patented design, device, material or process in connection with the correct, and shall indemnify the Purchaser for any cost, expense W damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In crew said da upmenl, W any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment W pan is enjoined, the Seller shall, at its own expense and at its option, either prawn for the Purchaser the right to continue using said equipment or pans, replace the same with subazrtially equal but numnar'nging equipment, or modify it so it becomes n minfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make en assignment for the bereft of creditors, appoint a mareiver Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser wiNom liability. 16. GOVERNING LAW. The definitions ofterms used m the interpretation ofthe agreement and the rights of all parties hereunder shall be ematmed under and gnvcmcd by the laws mfrhe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work harewder, including the services of Sellers Representatives), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same i5 fully completed and accepted, and shall, in e of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same a, the site and become responsible therefor as though such matenals and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, pmaide for the payment of workers compensation, including occupational disease benefits, in its employees employed on or in connection wilt the work covered by this purchase order, author to their dependents in accordaree with the laws of the stele in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and destb limits of m least $300,00a for any one person, SSW,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rehire his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and mummer have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insuanee expires The Seller agrees that such compensation and insurance shall be maintained until ahor the entire work is completed and aveddd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury fany kind or nature whae,oever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase made, o, it corrections herewith. The Sell,, will indemnify and hold harmless the Purchaser end any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whither In persons o, property to which the Pun bace, may be put or subject by reaaan of any act, action, neglect, omission or default on the part ofthe Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In Now any suit or ther proceedings shall be brought against the Purchaser, or its otHcerA agents or employees at any time on account 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 ofticcrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such spits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved suit discharged by giving bond or otherwise. The Seller and his contactors shall take AI safety pimenowm, famish and install all guards necessary fir the preverfl mn of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles aud regulations issued pursuant therein. Revised 072014