HomeMy WebLinkAbout130574 LARIMER COUNTY CHILD ADVOCACY CENTER - PURCHASE ORDER - 9146895PURCHASE ORDER PO Number Page
City of PURCHASE
9146895 1 of z
' `t ( V olI ins This number must appear
` 1 1 on all invoices, packing
�sllps and labels.
Date: 11/25/2014
Vendor: 130574
LARIMER COUNTY CHILD ADVOCACY CENTER
5529 S TIMBERLINE
FORT COLLINS CO 80528
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11124/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 FY14 Child Abuse Prevention
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
1 LOT LS
22,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order TeHrtc and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fan Collins is annual from stare and local taws. Our Exemption Number u
11. NONWAIVER.
9"5D2. Federal Excise Tax Exemption Certificate of Registry 84-6000581 u registered with be Collector of
Failure of the Producer a insist upon strict pert of the arms and connotations hares( failure or delay to
formal Revenue, Denver, Colomdo (Ref. Colorado Revised Similes 1973, Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Good Rejectd. GOODS REJECTED due to failure to meet specifications, either what shipped or due m defects of
my of the werantis or obligations of this purchase enter and shall not be dremed a waiver of any right of the
damage in tart say be reamed to you for credit and am not to be replaced except upon re t of women
purchase, to On upon spin performmce transfer my of its rights saturation as as my such good, regardleu
instructions firm the City ofFon Collins.
of when shipped, rweived or accepted, as to my prim or subsequent default lambda, nor shall my purponcd
are[ modification or rescission of this purchase order by Or Lambast operate in a waiver of my of the B.
Inspection. GOODS we subject o the City of Fort Collins inspection on arrival ,
hereof.
Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can result ot
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the pan of five City of Fan Collins. Howevt, it is to be understood but FINAL
Sella and be Purchaser amagaire that in acNal amount practice, overcharges resulting from mtimest
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are ot fact home by the Function, Theretofore, for goad cause and as consideratim for exemting this
purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Perms. Shipments most be F.O.B., City of Fiat Collins, 1W Wood St., Pan Collins. CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the partial., goads or services
otherwise specified an this order. If permission is given to prepay freight and charge separately, be original freight
pumbased or acquired by the Purchaser pursuant m this purchases orde,
hill most acmmnanv invoice Additional charm for omkine will not be accented.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to dsloutinn, and excess freight will be dedoemal frnm Invoice when
shipments are made farm grail balance.
Permits. Seller shall procure at sellers sale cut all ntnvry permits, anifiales and licenses required by all
applicable laws, regulations, radio. and rules argue able, municipality, territory 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 fuller ogees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or esbbio ed violation of my such laws, regulations, onfinanen, rates
and requirements.
Autbarimtion. All parries b this contract agree that the mpasomenives are, in fact, boon fide and possess full and
omplua authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated
herein set fond and any supplementary or additional terms and conditions amend hereto or incorporated herein by
reference. Any additional or different teas and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. lime is of the essa.m. Delivery and renominate must be effected within the little
sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitalion, acceptance if,carnal late deliveries, shall operate a' it waiver of this prevision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option aligning this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays
due to causes not nationality foreseeable which arc beyond its convertible neutral and without its fault ofnegligence,
such at afGad, ace of civil or military, authentic, govermnrntal Indiana. fibs, stgar, flood, epidemic, wars or
nos provided that notice of the conditions ausing stet delay is given to the Purchaa within five (5) days error
time when the Seller But received knowledge thereof In the event of my such delay, the rime of delivery shall be
extended for the period equal to the time actually lost by reason ofrhe delay.
3. WARRANTY.
The Sella warrants that all good, snider, materials and work covered by this order will platform with applicable
drawings, specifications, margins =Nor other dneripto given, will be it for the purposes brmdd, 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 harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Seller breach of wartanty. The Sella shall replace, repairer make
good, without rest to the purehaur, my def e or faults arising within one (1) year or within such larger period of
time as may be prevented by law in by the it. army applicable wamnry provided by the Seller afar the date of
acceptance of the goad famished hereunder (acceptance not to be unreasonably delayed), resulting fm imperf t
or detective work done or materials furnished by the Seller. Acceptance or am of goods by the Provision shall not
coestione a waiver crony claim under this wanar ry. Except as aberranceprovided in this purchase order, the Sellers
liability henm eder shall extend to all damages proximately c mard by the breach of my of the foregoing wuramies
or Suburban, but such liability shall in an event include lass 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 or legal terms by women change earn.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deldinns ism
the quantities originally ordered in the specifications or drawings, by verbal or --tan change order. If any such
change affects the amount due or the time of performance heacunder, Or tgmarble adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods than not shipped, subject to any ri able adjustment between the panics in as any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated punts on the uncompleted
portion of the goods music work, for incidental or consequential damaga, and that no such adjtmmat be made in
favor arrive Seller with respect to any good which art the Sellers sandaar stack. No such minuteman shall relieve
the Purchaser ar the Sella army orlhri, obligations as many good delivered hareunder.
]. CLAIMS FOR ADJUSTMENT.
A, claim for adJmtmat man be asserted within thirty, (30) days from the date the change or tcaminarim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that ell good sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations in which the good are subject The Seller shall execute and
deliver such documents m may be required to argon or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by Nis reference. The Seller agrees to
indemnify and hold the Purchaser harmles from all cws¢ and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
Prior women consent ofthe other parry.
10. TITLE.
The Sella warrants full, clear and maintained title in the Product for ail equipment, materials, and items fumubed
b performance of this agreement fare and clear of my and all liens, rsmictione, reservations, security interest
encumbancn and claims ofoders.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella to coned nonconforming of detective good by a date to be gread upon by the
Purchaser and the Seller, and the Seller thereafter indicates Its inability or unwillingness to comply, the Purchaser
may cause the work Ion be performed by be most retention. mean available to it, and the Seller shall Pay all
mils associated with such work.
The Seller shall release the Purchaser and its coal... of any tier from all liability and claims of any nature
resulting from the performance of such work.
This relase'lull apply eves in the event of fault of negligence of the parry abased am shall extend to the
directors, officers and employees of such party.
The Sellers contractual obligations, irritating ...my, shall not be dtmed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is maguard to use my design, device, material or process wverd by later, patent, mdemark
or copyright, the Seller shall indemnify and save harmless the Purchaser frnm any and all claims for unongement
by reason of the use of such pmemd design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, exile are or damage which it may be obliged to pay by reason of such
infringement at any time during the Instruction or after the completion of the work. In case said equipment, or
any put thereof or the amended use of the good, is in such suit held in canstim a infringement and the use of
said equipment or pan is atjaind, the Seller shall, at its own eapenew 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
noninfriaging equipment, or modify it m it becomes naNnGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
leaver or taster for my of the Sellers propmy or business, this order may forthwith be canceled by the
Psrchusu without liability.
16. GOVERNING LAW.
The definiums of tetras mad or the interpreation oftte agreement and the rights of all parties hereunder shall he
aorevuedunder and govemed by the laws arrive State of Colorado, USA.
The fallowing Additional Conditions apply only in taus where the Seller ism perform work bereunda,
including the services of Sellers Repauubtivau), on the pmnises ofoders.
O. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers awn risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work andror boards before Sellers final completion and
acceptance, complete the work in Sellers own expense and to the satisfaction of the purchaser. When materials
and equipment art Eurobond by others fat installation or erection by the Seller, the Sella shall receive, unlad,
same and handle same at the site and become untraceable momfor as though such natenau andror equipment
war being fumubed by the Seller under the order.
IS. INSURANCE.
The Sella shall, at his own expense, provide for the payment of icarkcrs compensation, including occupational
disease lawfie, to its employees employed on or N roamclim with the we& mverd by this purchase order,
andror Ion bear, dependents in accordance with the laws of the some in which the wouk u an be done. The Sella
shall also any comprehensive Summit liability including, but not limited to. com uch al and automobile public
liability insurance with bodily injury and death limits of M last E30C.000 for any one person, S500,DDD for any
me accident and property damage limit per accident of $400,000. The Sella shall likewise acquire his
contractors, if my, to provide far such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premise of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurmce have been provided. Such certificates shall specify the date when such
ontpeamion and insurance have been provided. Such cediftcates shall spur ry the date when such compensation
and insurance expires. The Seller agrees that such compereatma and immmce shall be maintained until after the
entim work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind
r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this puahau order or in connection herewith. The Seller will indemnify and hold harmless the Ptmhow and my
r all of the purchasers oRceat agent and employees from and ago. my and all claims, lasses, damage,
thriller or expenses, whether dinner or indirect, and whether to persons or Property to which the Pmdhasa may
be pm or subject by «zun of any act, action, raiders, omission or default an the pan of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agar, or employees. In case any suit or but
proceedings shall be bmught ngaimt the Purchaser, or its officers, agents or employees at my time an account or
by reason of my wer, warm, ttegltr, mnlssim or default of be Sella of my of his contractors on, my of its ne
their officers, agents or employees as aforeuid, tha Seller hrreby agrees to mnme the defense thereof and to
defend the same at the Sellers own expense, Ion pay any and all costs, charges, amomeys fees and oft expenses,
my and all judgments thm may be incorsd by or obtained against the Purchaser or any of its or their officers,
Menu or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obbimd against the Property of the Ptuchaser, or said panic in or in a result errands most or other proceedings,
the Seller will in once nose the same to be dissolved and discharged by giving band or otberwise. The Sella and
his contractors shall sake all safety precautions, fmuh and inabll all gonads nxessary for the prevention of
accidents, comply with all laws and regulations with regal or safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumr therem.
Revised 012014