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HomeMy WebLinkAbout186415 TURNING POINT CENTER FOR YOUTH & FAMILY - PURCHASE ORDER - 9146898PO PURCHASE ORDER 914689er Page C117/ of PURCHASE 48898 1 of z ' `t Collinsr his number must appear V �7 on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 186415 Ship To: CITY MANAGER TURNING POINT CENTER FOR YOUTH & FAMILY CITY OF FORT COLLINS DEVELOPMENT INC 300 LAPORTE AVE 1644 S COLLEGE AVE CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price FY14 TP Crisis Intervention Sv 1 LOT LS 12,500.00 s 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.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 I. COMMERCAV, DETAILS. Tax exemptions. By smmte the City of Four Collins is exempt from stale and local fax n.Om Exemption Number is 11. NONWAIVER. 98-(k1503. Federal Fall, Tax Exemption Conflict. of Registry 84-6000587 is registered with the Collector of Failure of the Purchase to insist upon strict performance ofthe term and conditions hereof, failure or delay Or Internal Revenue, Denver, Colorado (Ref. Colorado Revised Section 1973. 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 he acceptance of or payment for goods latunda or approval ofthe design, shall not relate the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spainadions, either when shipped at, due to defects of any of the warranties or obligations of this purchase order and shall not be dermal a waiver of any right of fe damage in tumor, may be retumed Or you for credit and are not to be replaced except upon receipt of written Purchaser 10 insist mart aict performance hereof or any of us ngfs or remedies as to any mch goods, regardless insuuctions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, ear shall any purported am[ modification or rescission of this purchase order by the Pmbb.'uer operate as a waiver of any of the terms Inspection. GOODS are subjauo the Coy of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, saver or ccuipmmt in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pun of the City of Fort Collins. However, it is to be understood chat FINAL Seiler and the purchase minimize dual in maal economic practice, commit resulting fmm antiutr ACCEPTANCE Is defender, upon completion of all it ha ble required insparion prom ues. violations arc in fact home by Ore Purchaa. Thai mfnrefor good cuule and as considaati er far emcming this purchase order, tie Seller hereby assigns m the Purchaser any AM all claims it may raw have or hereafter Freight Terms. Shipments must be FOR, City of For Collins, 700 Wood St., Fort Collins, CO 80533, unless acquired under federal or state antitrust laws for such overcMoges mlalm, to the particular goads of services otherwise specified on this older. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this purchase older. hill most accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance.Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchter directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expelled from the nearest distribution point m deslinstion, and excess freight will be deducted from Invoice when Purchaer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay al I costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary War irs, cenificmes and licenses occurred by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision when The Sella sbull retrase the Purchaser and its can ractars of any ,ire, fmm all liability and claims of any wture the work is performed, or rccuinal by any other duly cormtimted public authority having jurisdiction ova the work resulting from the abm pow, ofsuch work. of vendor Seiler fuller agrees b hold the City of Fort Collins hanmless fmm end frimor all liability end loss incurred by them by ram. of an asserted or omblisbed violation of any such laws. regulations, ordfamv, rules This release shall apply even in the even, of fault of rwel f cam of the pan, released sad shall amend to drc and requirements. directors, officers and employers ofsuch perry. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and possess full all The Sellers contmemal abliptions, including warranty, shall rmr be domed to be educed, in any way, because amides, authority m bind said panics, such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or Mditien it terms end conditions annexed hereto or mormanmted herein by reference. Any additional or different arm.nd conditions proposed by seller ram objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase older and the documents attached hereto. No acts of the Purehucrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, Me Pmchter shall have, in addition to Other legal and equitable remedies, the opliom of placing this order elsewhere .rid holding the Seller liable for damages. Nnwever, the Sena shall not be liable for damages as a it of delays due Or causes not reasonably filrembable which art beyond its sassumable control all without its fault ofnegligmee, such acts of GM, area of civil or military autlmotit, governmental priorities, fires, strikes. Rood, epidemics, was; or riots 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 dam of delivery shall be extended for the period equal to the time aerially last by reason ofthe delay. 3. WARRANTY. The Seller warrants Oat all gents, articles, materials all work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, all Performed with the highest degree of cart ell competence in acmNance with accepted standards for work of a similar mrare. The Sella agrees b held the purchaser bran. from any loss, damage m expense which the Pumhter may salter in bwur on account of fe Sellers breach of warranty. The Sella shall replace, repair or make good, without cast of the purchaser, any defect, or faults arising within one (1) year or within such longer period of time as may be mascnbd by law or by the lemur ofany applicable womanly pvided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be co mumbly delayed), resulting fmm imperfect or defective wok done or materials finished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 1. all damages proximately caused by the breach of any of the foregoing warranties or goarnmees, but such liability shall in no event include loss of profits or as of use. NO IMPLIED WARRANT Y OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes 1. legal terms by written change olds 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any thinges to the term, other than legal temu, including additiom an or deletions firm Me 9tunffef originally ordered in the specifications or drawings, by verbal Or when change aria. If any such change affecm the amount due or the time ofperfommrce hereunder, an extricable 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 maids then not shipped, subject to any muitnble adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goats and/or work, for incidental or consauential damages, and that no such adjustment be made in favor of the Seller with respect to any good, which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjmonat most be tuned within Only, (30) days from the dare the change m reformation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all goods sold hereunder shall have been produced, sold, delivered and humidified in strict compliance with all applicable laws and regulations In which the good arc subject The Seller shall enable and deliver such documents ces may be required to effect or evidence compliance. All laws and regulations martial to be ncorpoms,d in agreements of this character are hereby fcoembeted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatmaess from all costs and damages suffered by the Purchaser as a result of the Sellers failure Or comply wif such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this older, m my monies due or to become due hereunder without the prior writtea consent ofthe Offer parry. IO.TITLE. The Seller warrants hill, their all unrestricted title to the PmcEaser for all equipment, materials, and items famished in iierficarriname of this agreement, f and clear of any and all lieres, restrictions, reservation, savory interest mmndfurcm and claims ofothers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hmmless the Pumhaer from any and all claims for infringement by reason of the use of such p tented design, device, material or process in connection with the contract, and shall indemnify the Puchaer for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pun ,hereof or the intended use of the goods, is in such suit held to constitute infringement all the tree of said equipment, or Pan is enjoined, the Sella shall, at its own expense all at its option, eiha pmarre for the Purchttt the nght or continue using said compound or mess, replace the same with substantially equal but noninfrmima, equipment, or modify it m it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, rake an assignment for the benefit of creditors, append a receiver or mate, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of.. used a the interpretation of the agreement and the lights of all parties hereunder shall be continued under and governed by the laws ofthe Sfare of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to port wok hereunder, including the senicea ofSxlI. RepmaadmW*,). im the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Selleh own risk until the some is Fully completed and accepted, all shall, in arse of any accident, destruction or injury to the work ani materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Pachuca. When materials and ccuipment ere famished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor t though such materials and/or equipment were being finished by the Seller under the order. 18, INSURANCE. The Sella shall, at his own expense, provide for the payment of workers corepemandom, including occupational disease benefits, to its employees employed on or in mmection with the wok covered by this purchase order, unNm to their depositions, in accordance with the laws ofthe site in which the wok is to be More. The Seller shall also carry, comprehensive gbr¢ral liability including, bur rat limited in, comachial and automobile public liability insurance with bodily injury and death limits of at leas, 6300,00o for any one person, $5U0,000 for my one saidem and pmpeny damage limit per accident of SeW,0)R The Seller shall likewise continua his contractors, if any, to provide for such compensation and comments. Before any of the Sells, or his contractors employees shall do any work upon the promises of others, the Stile shall famish the Pmchaser with a ttnificme that such compensation and insurance have been provided. Such certificates shall specify the dime when such compensation and insurance have been provided. Such certificates shall specify the dale whom such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until ruler the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rew.the ..if. rtponsfiliry and liability for any and.11 deform , loss or injury ofany kind or re whatsoever to persona or pmpm, caused by or resulting fmm thc execution afthe wok Provided for in this purchase order or in connection herewith The Sella will indemnify mld hold hmmless the Purchaser and any r all of the Pachasers officers, agents all employes from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to perform or property to which fe Purchaser may be of or subjar by reamn of any act action. neglec, omission Or defaul, oa the port ofthe Seller, any of his contractors, or my of the Sellers at, contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employers at any time on account or by eaten of my mt action, neglect, omission or default of the Seller of any 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 to defend the same at the Sellers own expense, to pay my and all costs, charges, artomrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pmchter or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lira be placed upon or obtained against the property ofthe Purchase, in said parties in Or as a result of such suits Of other proceedings, the Sella will at one cause the name to he dissolved and discharged by giving bmW or otherwise. The Seller and his contmeors shall fake all valley precautions, furnish and imfall all guard naesmry for the prevention of accidents, comply with all laws all regulatons with regard Of safety including, but without limitation, the Occuptiorel Stray all Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 072014