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HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - PURCHASE ORDER - 9146726 (2)Fort Collins Date: 1112612014 Vendor: 102621 NEIGHBOR TO NEIGHBOR 1550 BLUE SPRUCE DR FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146726 1of2 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: 11/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 FY14 Housing Counseling 1 LOT EA 31,485.63 as contracted on 9/19/14 3 FY14 Housing Counseling 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.00m 1 LOT EA 7,144.37 Total 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. COMv1ERC1ALDETAILS. Tax exemptions. By statute the City of To" Collins is exempt from .to end local taxes. Our Exemption Number is 98-045 W. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stamtea 1993. Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure as meet mocifimtioe, either what shipped or due to defects of damage in can. may be returned to you fro credit and are not to he replaced except upon receipt of written instructions ❑man the Ciry of rout Collina. himation. GOODS am subject to the City of Fart Collins inspection on w ival. Final Acceptance. Receipt of the merchandise, wreires eq r equipment in response In this order can .,all is authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures. Freight Terms. Shipments most he F.O.B., City of Too Collins, 700 Woad Sr, Fort Colima, CO 80522, unless Otherwise specified on this coda. If pmnission is given as prepay freight and charge separately, the original freight bill most acwmWny invoice. Additional charge for pinking will not be accepted. Shipment Distance. More manufmmrers have distributing points in various parts of the country, shipment is expired from the moves, deartmom point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ttnifiwtes and licenses nquirM by all applicable Laws, regulations, mdimnms and roles of the state, municipality, temwry or political subdivision where the work is performed, or canired by any Other duly eaedtuted public authority havingjurisdidion over the work of rmdol Seller further agora ti hold the City of Fort Collins hmmless from and against all liability and loss recurred by them by reason of an assened Or emblished violation of eny such laws, regulations, cutworms, roles and requirements. Authonyation. All parties to this contract agree that the fepreaenlatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Puahase Other expressly limits mceptmce to the corms and conditions stated herein set fiche and any supplementary Or additional harms and conditions annexed hereto or inuffomted herein by reference. Any rabbinical or different remo and conditions proposed by seller are objected to and hereby mjcded 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if,mc cannot make complete shipment li aoive on your promised delivery dam as noted Time is of the aware, Delivery and performance most be ofeded within the time stated on the purchase order and the documents matched hereto. No acls of the Purchasers including, without limitation, acceptance ofpenial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes at rtawmbly foreseeable which am beyond its reasomsble control aced without its fault of negligence, such aces of Gad, acts ofcivil or military authorities, uwwwamml priorities, fires, strikes, Rood, epidemics, wars or riots provided fact notice of the covadmom musing such delay is given w 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 the penal equal to the time woually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this Order will conform with applicable drawings, specifications, somples author other descriptions given, will he fit for the purposes intatded, aW performed with the highest degree of rare and competence W accordance with incepted standard for wink of a similar mNrc. The Sella 0grea to held the purchaser harmless from any Ions, damage m cxpeme which the Purchuer may suffor at incur on account of the Sellers breach of moment, The Sella shall replete, repair or make good, without cost to the purchase, eny dc@cts or faulm easing within one (1) year or within such longer period of time as may be prescribed by Law or by the to. of my applicable wrranty provided by the Seller age, the date of acceptance of the goods famished hereunder (acceplmce not to be womanishly delayed), resulting from impart ur defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not cowltute a waiver of any claim under this warranty. Except it, otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits a Imas 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 my changes to the tame, other than legal corms, including additions a or deletions from the qumtitiesoriginally ordered in the spnincmiue or drawings, by verbal or woman change order. If any such change affects the amount due err the lime of perf mtt hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement u to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchuer shall not be liable for any claims for anticipated points on the uncompleted portion of the goods woVor work, for incidental or consequential damages, and that no such adjustment be made in favor if the Seller with respect to any good which am the Sellers standard stock. NO such lamination shall relieve the Pmcba e, .,,he Seller ofany of their obligations as to any goals delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assmed within thirty (30) days from the date the change or termiwlion u oMerM. 8. COMPLIANCE WITH LAW. The Seller warm,, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods ore subject The Seller shall execute and deliver such dmuments as may be natural to effect or evidence compliance. All laws and regulations refitted to be incorporated in agreements of this character am hereby incoapommd herein by this reference. The Seller agrees to indemnify mW hold the Purchaser harmless from WI costs and damages suffered by the Pumhaer as a result of the Sellers faitum to comply with such Law. 9. ASSIGNMEW. Neither parry shall assign, mansfeq or convey this order, or may monies due or to become due hereunder without the prior written consent of the Other parry. 10. TITLE. The Seller warrants full, clear and meandered lisle to the Purchaser for all equipment, materials, and items famished in perfotmantt of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrance and claims ofoda" 11. NON WAIVER. Failure of the Purchaser to insist upon sMct performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the compliance ofor payment for goods hemuMer or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upoa>trim pefformavice haheafor any ofits rights or reaches as to any such goods, regardless of whin shipped, removed or accepted, as to any prior or subsequent default hereunder, Our shall my purported oral modifieation or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic prectice, overcharges resulting from antitrust violations are m fort home by the Purchaser. Therefosm, ogood ems, and as consideration far executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fedenl or state mtitrst laws for such overcharges relating W the particular good or services purchased m acquired by the Purchaser pursuant to this Funding, odes. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to corea nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall micaso the Purchaser oral its contractors of my net from all liability and claims ofany rmom .In., from the perfornance, i fauch work. This release shall apply even in the event of fault of negligence of the parry mleud and shall extend to the directors, oRcers and employees ofsuch parry. The Seller's contractual obligmim e, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he paginated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by liner, patent. uademark Or copyright, the Sella shall backwardly and save hrmleas the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged m pay by rmmn of such infringement at my time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof 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 awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pros, replace the same with substantially equal but roninGnging equipment. or modify it so it becomes rmninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or baakmpl, nuke m assignment for the benefit Of creditors, appoint a rtteiva w trustee far my of the Sellers property or business, this order may forthwith he mnceled by the Purchuer without liability. 16. GOVERNING LAW. The definitions Ofit. used or the interpretation of the agreement and the rights of all parties hereunder shall be comtred mailer and governed by the laws of the State ofCalomdo, USA. The following Additional Conditions apply only in eases where the Seller is to pert wink hertuMer, including the services of Sellars Represeoativc(s), on the premises ofothea. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellds own risk moil the same is fully completed and accepted, and shall, in e of my accident, detraction 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 am furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials armNor equipment were being fished by the Sella under the wall I S. INSURANCE. The Seller shall, at his own expanse, provide for the payment of workers compensation, including occupational disease benefits, to its employces employed on or in connection with the work covered by this purchase order. maker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarry comprehensive general liability including, but not limited to. contractual and automobile public liability insuance with bodd, injury and death limits of ere lan, S30Q000 for any an. person, E5do,IXq far my me accident and property damage limit per occident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers nr his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a cenifwmte Out such compensation and imam—e have been provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shag specify the date what such compensation and insurance expires. The Sella egrca that such compensation and iniarmce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire rsporcibility and liability for my and all damage, loss or injury ofany kind or aware whatsoever to Persona or property couse d by or resulting from the execution ofthe work provided for in this purchase order of In connection herewith. The Sella will indemnify and hold harmless the Purchase and any or all of the Purchasers officers, am. and employees from and agaimt my wand all claims, losses, damages, changes or expenses, whether direct or wdifect, and whether to persmu or property to which the Purchases may be put or subject by reason of my act, action, negler, noncom or default on the pan of the Sella, my of his ontracwts, or may of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against he Purchaser. Or its officers, agents or employees at any time Oa account or by reason of my act, action, aeglau omission or default of the Seller of any of his continuous or my of its or their ofcers, agents or employees as aforesaid, the Seller hereby agrees to assume the define dam of and to defend the same at the Sellers Own experese, to pay my and all casts, charges, attomeys fogs and other expenses, any and all judgments that may he incurred by Or obtaimd against the Pmchasa or my of its or their officers, agents or employees in such suits or ether proceedings, and in mse judgment or other Into be placed upon or obtained against the property of the Purchaser, or mid panics in ar as a result ofsuch saws or otha proceedings, the Seller will at oua cause the same to be dissolved and diatharged by giving bond or otherwise. The Sella and his contractors shall lake all safety precautions, furnish and instill all gumds 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 all roles and regulations issued pursuant thereto. Revised 07n014