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HomeMy WebLinkAbout544950 CASA PROGRAM - PURCHASE ORDER - 9146897Fort Collins Date: 1112512014 Vendor: 544950 CASA PROGRAM 201 LAPORTE AVE SUITE 100 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9146897 loft This number must appear on all invoices, packing sli s and labels. 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 i FY14 Court Appt Special Advoca 1 LOT LS 6,784.00 tes as 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@fcgov.wrn Total Pay terms net 30 days Invoice Address: 784.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAHS. Tax exemptions. By assume the City of Fort Collins is exempt fmm state and local cams. Our Exemption Number is 98434502. Fedttai Emice Tax Exemption Cerificae of Registry 84-6000587 is registetW with Ne Collecbr of Internal Revenue, Drnva, Colorado (Ref. Colorado Revised Smmta 1973, Chapter 39-26, 114 (a). Goods Rejemad. GOODS REIECFED due to failure to meet specifications, either when shipped or due na defects or damage in transit, may be rearmed to you for credit and are not to be replaced except upon mceipt of written instructions From the City of Far Collins. Inspection. GOODS are subject to the City of Far Collins inspection on arival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this other can result in authorized payment on the par of the City of Fort Collins. However, it is to be understand thatFINAL. ACCEPTANCE is dependent upon completion atoll applicable required inspection procedures. Freight Terms. Shipments mast be F.O.B., City of For Collins, VW Wood St, For Collins, CO 80522, unless othessise specifted on this order. If permission is given to prepay freight and charge separately, the cal l freight bill must accompany invoice. Additional charges for pocking will not IN accepted. Shipment Distance. Wlrere manufacturers have dutribming points in various, part of the country, shipment is expected from the nearest distribution paint m distinction, and excess Begin will IN deducted from Invoice when shipment are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cer4fiates and license required by all applicable laws, m,li ian5, ordinances and rules ofthe slate, municipality, terrier, 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 Fort Collins hmmless from and against till liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles .it requirement. Authorization. All parties to this contract agree that the representatives are, in face, bona tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and anditions stated herein set (cult and any supplementary, or additional tens and capabilities awexed hereto or incorporated herein by refemose. Any additional or diffic almeat 4nd conditions proposed by miler are objected to ard hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and perfomance most be effected within the time spited on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance officials] late deliveries, shall allocate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in tuf ilion to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shot[ not be liable fur damages as a result of delays due to anises not raanably foreseeable which ore beyond its reasumble control and without it fault of negligence, such act of God, act ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or narks provided that notice of the conditions causing 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 far the pamd equal to the time actually lest by m. of the defy. 3. WARRANTY. The Seller wor cal nt that all goad, articles, materials aid with covered by this coder will wofame with v,liable drawings, specifications, samples ardor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of arc and competence in accordance with accepted ma lard for work of a miler nsurs. The Sella agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may sulttr or incur on account of the Sellers breach of waomnry. The Sella shall replace, repair or make good, without cast to the purchaser, any defect or faults arising within one (1) year or within such longer period of time ns may he prescribed by law or by the owner of my applicable warranty Provided by the Sella after the dam of ccepmncl, of the goods fiemished herearal (acceptance not to be unreasonably delayed), resuming from impafat or defective work dune or materials famished by the Seller. Acceptance or use of goods by the PurcM1.sser shall not constitute a waiver of any claim under this warranty. Excepl 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 warranties or gu co m a, 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 Pmchuer may make changes to legal terms by wro rn change order. S. CHANGES IN COMMERCLU. TERMS. The Purchaser may make any changes to the terms, other than legal rams, including additions to or delafm f the quantities originally ordered f the specifications or drawings, by cabal or writen change order. If coy such change affect the amount due or the time Of perfommarece h mmumber. an equitable adjusemal shall be made. 6. TERMINATIONS. The Purchaser may in any time by written change maker, terminate this agreement as to any or all ponions of the gaud., fen not shipped subject a any equitable adjustment between the panes as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits rat the unmmplelN portion of the goods major work, for incidental or consequential damages, and than an such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such nerminuimn shall relieve the Purchaser or the Seller ofany of their obligations es to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustmal most W asserted within thirty (301 days cam the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella worman s mail all good sold hereunder shall haw been produced, sold delivered and futidshad in strict ampliance with all applicable laws and regulations or which the good are subject. The Sella shall execute aM deliver such documents as may be required to effect or evidence cump[iawe. All laws and regulations acquired b be incorporated in agreement of this character are hereby incorporated human by this reference. The Sella agrees to indemnify and hold the purchaser Formless from all cost 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 to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sella upmnmt full, clear and wrestncted title to the Pmchis a for all equipment, materieB, and items f 'shad in perlbtmvne of this agrmnent free and clear of any marl dl liens, restrictiort, reurvaumes, secunry interest acumbmncas and claims of others. IFNONWAIVER. Failure of the Purchaser to insist upon strict performance of the mom and conditions hereof. fail. or delay to any rights or remedies provided herein ar by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase other and shall not be deemed a waiver of my right of the Purchaser to insist upon split performance hereof or any of its rights or remadies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize chat in actual ec no is practice, overcharges resulting fmm antitrust violations are in Ease, Same by the Purthaser. Theretofore far mod cause and as consideration for executing this purchase order, the Seller hereby maigps to the Purchaser any and all claims it may, now have or hereafter acquired coder federal or spite antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchases pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ift a Purchaser direct the Seller m catrect noneonfomling or defalive good by a date to b, agreed upon by the Purelaceserand the Sella. Slid the Seller thereafter indicates its inability ter willingness lea comply, the Purchaser may cause the work to be, performed by the most expeditious means awilable to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contmdors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including war arty, shall not he deemed an be toduced, in any way, because such work is performed or mused m M performed by the Fortiori 14_ PATENTS. Wlows—the Sella is mgrired to use any design, desire, mmenml or process covered by later, patent andemalk or copyright, the Seller shall indemnify and save hairless the Purchaser fmm any and all claims for infringement by reason of the use of such premed design, device, proun l or process in commuc on with the contract, and shall indemnify the Purchaser for any war, expense or damage which it may be obliged to Pay by rersi n of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any par therm( or the intended use of the goods, is in such suit held to constitute 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 right to contione using said equipment or pans, replace the same with substantially marl but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become Insolvent or bardmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwif be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the wteryreunm of the agreement and fe light of all parties hereunder shall be construed undo and go.d by the laws ofthe State ofC.1o.&, USA. The following Additional Conditions apply Only m cases where the Sella Is to perform week hereunder, including the armies of Seller ftepresenpikivalf on the prem6es ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cart' oa said work at Sella, own risk until the same is fully completad 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 section by the Seller, the Seller shall receive, unload, same and handle same at the site and become responsible therefor as though such materals ardor equipment were being famished by the Seller ruder the order. 18. INSURANCE. The Sella shall, at his own seismic, provide for the payment of workers compensadon, including occupational discos benefit, m its employees employed on or in connection with the work covered by this purchase order, maker to their dependent in accordance with the laws of the state in which the work ex to he done. The Sella shall also arty campremrsive germml liability including, but not limited to, contrsctual and automobile public liability insurance with bWily injury and death limit or so basic $3papoo for any one parson, 55oo.oW for any one accident and property damage limit per accident of S400,000 The Sella shall likewise require has contmaors, Worry. to provide for such compensation and insurance. Before any office Sellers or has contractors employts shall do any work upon the premises of other, the Sella shall Bluish the Purchaser with a artificial, that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnificam, shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until its, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resources the entire responsibility and liability for any and all damage, loss or injury ofany kind or scum whataewr to persons or property caused by a resulting from the exeation ofthe work provided for in this Purchase order or in connection herewith. The Seller will indermdfy and hold harmless the Purchaser and any or all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct m indirect and whether m persons in propery or which the Purchaser may be put or subject by reason of any net action, nng[ea, omission or default on the an of the Sella, any of his cono-actors, or any of the Sellers or contractors oRcat agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or it oRcrrs, agar or employees at any time on account or by reamer of my act, action, capita, omission or default of the Sella of any of his anpactom or any of in or their officers, agents of employees as aforesaid, the Sella herby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all cost, charges, Storeys fees and other expenses, any and all judgments that easy be incumd by or obtained against the Purchaser or any of its or their ollicers, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property .[the Purchaser, or said panics in or as a malt of such suit a other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautione, Finnish and install all guard necessary for the prevention 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 ail miss and regulations issued pursuant thereto. Rased 07n014