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HomeMy WebLinkAbout110150 CATHOLIC CHARITIES NORTHERN - PURCHASE ORDER - 9146728 (2)PO PURCHASE ORDER 914672er Page City of PURCHASE 9146728 1 of z ' `t Collins Ins This number must appear V ` on all invoices, packing sli s and labels. Date: 11/26/2014 Vendor: 110150 CATHOLIC CHARITIES NORTHERN ARCHDIOCESE OF DENVER 4045 PECOS ST DENVER CO 80211 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 CC Shelter 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 EA 40,000.00 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 intent ere City of Fan Collins is exempt from state mMoa load boon. Our Exemption Number 6 ILNONWANER. 98404502. Federal Excise Tax Exemption Certificate of Registry, 84-6(XX 58) is registered win the Collermr of Failure of the Purchaser m insist upon strict performance of the terms and conditions hertaE failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtrs 1973, Chapter 39-26.114 (a). exercise any rights or remedies presided harein or by law, failure to promptly ratify We Seller in We eve, of a brain, the accepance ofor payment for goods hereunder or approval of the design, shall not release We Seller of Goods Rejected, GOODS REJECTED due in failureto meet specifications, either when shipped or due to defects 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 transit, may be moment to you for credit and we not to be replaced except upon rnceipt of wrinen parchaseno insist upon strict performance hereof ar any of its rights or mmndles as to any such goods, regmdless instructions from Be City of Fort Collins. of what shipped, received or wat as to my prior or subsequent default here antler, not shall any puryoned oral modification or rescission of this purchase order, by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic pnalim, o achvges resulting from antitrust ACCEPTANCE is dependent upon completion mall applicable rzqui d inspection procedures. violations are W fact home by We Financier. Theremfore. forgoodmax and as consideration for executing this Purchase order, the Seller hereby assigns to We Purhssm soy 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 fnderal or some antitrust laws fen such overcharges relating to the particular good ce services Otherwise specified on this order. Hpeanimion is given on prepay freight and charge separately, ere original freight purchased or seminal by the Perfumer purs t ro this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufaurers have distributing points in various Pons of We country, shipment is expected from the nmtcst distribution point to dntir adon, and excess freight will be deducted from Invoice when shipments are made from grwter distance. Permits. Seller shall .are at sellers sale cost all neeas., permits, certificates and licenses required by all applicable laws, regulations, ordinance and rates of the suite, municipality, territory or puluical subdivision where the work is performed, or required by any other duly consaimmd public authority having jurisdiction over the work of render. Seller furrier agrees to bold cat City of Fear Collins armless form end Option. all liability and loss incurred by them by maxam of an rem ned or established violation of any such laws, regulations, ordinances, rules and regai.rate Authorization All parties to this contract agree that the representatives are, in fact, bona Ode and posuas full and mmplem authority to bind yid ponies. LIMITATION OF TERMS. This Purchase Orden expressly limits weepaanee to the tensur not conditions sound herein set forth and any supplementary of additional tensnt, and conditions annexed htw or incorporated Mein by reference. Any additional or different It. and candiaiom proposed by seller are objected to and hrchy jetted. 2. 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 onus be alhcmd within the time stated an the parchax order and the docemms attached hereto. No ots of the Purchasers including, without limitation, wenwas ce of partial We deliveries, shall operate as a waiver mthis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. I loweveq the Seller shall not be liable for damages as a result of delays due to causes not reasonably namable which am beyond its reasonable control and without its fault of negligence, inch a s fGod- ocar ofavil m military au0wroies, govemmanml Peanuts, forest. 'Jo es, Rood, epidemics, wars or hots provided cast notice of ere conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller pro received kmwledge thereof. In We event of any such delay, the dale of delivery shall be extended for the period equal an the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants chat all good, nieln, rwteria, and work covered by this order will conform with applicable drawings, spttifiwtims, sampler m.Nor mlia descriptions given, will be fit for the purposes unhanded, and Performed with ere highest degree of ate and competence in aveand nce with accepted snndams for work of a similar nature. The Seller agrees to hold the muchim, harmless to. any loss, damage or expense which the Purchmer may suffer or incur on carrot of the Sellers breach of warany. The Seller shall replace, repait or make good, without and to the purchaser, any defects or fads arising within one (1) year or within such longer period of time m may be presenbcd by law or by We moor of my applicable wo menty provided by We Seller after the done of acceptance of the goods famished hereunder (acceptance not to be ummusorobly delayhp, resulting fmm imperfect or defective work done or materials Unaudited by We Seller. Acceptance or use of good by the Purchaser shall not coustimte a waiver of any claim under this warranty. Except as onerwim 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 guarantors, 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, whaling odditiom to or delerious firms We quantities originally ordered in ere specifications or drawings, by verbal or wrinrn change order. If any such change aliens the amount due or We time of performance hereunder, an agmoble adjusment shall be made. 6. TERMINATIONS. The Purchaser may nt any time by written change order, terminate this agreement as to any or all pinions of the good then not shipped, subject to any equitable adjournment between the panics as to any work or materials then in progress provided cast ere Purchaser stall toot be liable for any claims for anticipated pmfss on the uncompleted portion of the you ix unfair work, for incidental or come mental damagcs, and that no such Mjusmmh be mode in favor of ere Seller with respect to any goad which art the Sellers standard stuck. No such termination shall recluse the Purchaser or the Seller ofany of their obligations as 10 any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ace mul within dirty (30) days fmm the dame the change or termination u ordered 8. COMPLIANCE WITH LAW. The Seller warunts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations n which the good are subject The Seller shall execute and deliver such documents m may be required m effect or evidence compliance. All laws and negotiations required m be incorporated in agreements of this character are hereby incorporated Basin by this referent. The Seller agree to indemnify and hold the Purchaser hmmleas fmm all enso and damages suffered by ere 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 martin doe or to become due heremder without the prior wrimm consent of the other parry. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in palficarmance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest nnumbrncn and claims aforhem 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser diners the Seller to comet nonconforming or defective good by a date to be agreed upon by drc purchaser and the Seller, ud We Seller thereafter usheuct its inability «unwillingness to comply, the Purchases may cause the work to be performed by the most expeditious means available to it and the Seller dull pay all cos. associated with such work. The Stile, stall release the Purchaser and its contmnors of any her from all liabiliy and claims of any nature resulting Gum the perfmance msuch work. This micae shall apply even W One event of fault of negligence of the parry released and shall extend to the di cc ors, aRcas and employees of such Awry. The Sella's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work as performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requirnd 10 use any design, device, material or process covered by letter, parent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims fen 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 cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during due promotion or after the completion of fare work. In case said equipment, or any tied thereof or the intended sex of the goads, is in such suit held m cmntimle infringement and the use of said equipment W pan is mjoinnd, the Sella shall, at its own expanse and at 1s option, either proi for We Purchaser the ngbt to continue using said equipment or pairs, replace the same with substantially equal bur nonafringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If Ile, Seller shall become insolvent or bankrupt make an assignment fee ere benefit of ardiars. appoint a receiver or m.hee for any of due Sellers Formerly or business, this order may foMwith be wooled by the Purchaser without liability. 16. GOVERNING LAW. The definitions off,. owed or the mosTr tatien of the agrcemem and the rights of all panics hereunder stall be concerned under and governed by the laws ofthe Stale ofColarado, USA. The following Additional Conditions apply only in cases where cat Seller is fee perform work hereunder, including the services of Sellers Repreumative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk writ the same is fully completed and accepted, and shall, in x of any accident d woustion or injury in due work sndicr materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to one satisfaction of the Purchaser. When armcrials and equipment arc finished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle more at the site and become impossible therefor as though such materials and/or equipment were being frmichN by On, Sever under ere Omer. 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including ocupmioral disease benefi., to its employees employed on or in connection with the work covered by this purchase order, annDur to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry compmheaslve general liability iaduding, but not limited m, contractual and automobile public Ban, insurance win bodily injury and death limits ofar least S300.0e0 for any cox person, S500,000 fur any ere accident and property damage limit per aecident of 5400,000. The Seller shall likewise require his comments, if any, w provide for such compensmion and insuaince. Defoe any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchwa with a ceniftcate that such compensation and insurance have been provided. Such certificates shell specify the date when such mmpeuatim and inurrom have been provided Such a nifientes shall specify the date when such compensation and insurance expires. The Seller agrees dust such compensation and arromence shall be maintaimW wail after fare entire wok is completed and no'naL 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss Or injury ofw,, kind or mature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold hammers ere Parchmer Ord any ve all of the Turnhout officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property W which due Purchaser may be put or subject by anion of any act, action, neglect omission ar default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit a other proceedings UJI be brought against the Purchaser, or its officers, agents or employees at any time on account or by mason of any act actioa, neglect, omission or default of the Seller of any of his cancomm s or any of its or Weir officers, commit or employees as aforesaid. ere Seller, hereby agrees to assume the defense therm( and to defend ere are tat the Sell. own expense, m pay any and all ens., charges, anomcys fees and ocaer expenses, any and all jndgments that may be incurred by or obtained against the Furtherer or any of its or their officers, agents or employees in such suits or other proceedings, and un case judgment or other lien be placed upon or obtained against the property muse Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharges] by giving band an otherwise. The Seller cad his contractors shall nkc all safety precautioas, British and install all guards necessary, for the prevcntim of accidents, comply with all laws and regulations with regain m safety including, but without limitation, ere Occupational Safety and Health Act of 1970 and all rules and regulations issued persons thereto. Revised 07n014