HomeMy WebLinkAbout110150 CATHOLIC CHARITIES NORTHERN - PURCHASE ORDER - 9146729 (2)14672
PURCHASE ORDER PO
9er Page
City Of 146729 1 of 2
' `t Collinshis number must appear
" 1 1 on all invoices, packing
�slips and labels.
Date: 11126/2014
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 Buver: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 FY14 CC Senior Services 1 LOT EA 15,000.00
as contracted on 9/19114
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Temms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and hocal axes. Our Exemption Number is
98-04502. Federal Excise Tax Eamptian Cmifica¢ of Registry 14.60 al is registered with the Collector or
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due W defects of
damage in tmmit, may be rttumd to you fur, credit and are not to be replaced except upon receipt of written
instructions from the City or Fun Collins.
Inspection. GOODS are subject W the City of Fiat Collins inspection on mind.
Final Accept Receipt of the memhondise, services or equipment in response to this order can result in
authorized payment on the part of the City of Fart Collins. However, it is to be understood coal FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Stipmers must be, F.O.B., City of To" Collins, 700 Woad Sr, Fan Collins, CO 80522, unless
otherwise specified on this order. If parmission is given to prepay fought and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. When manufacturers have distributing points in various Ends of the country, shipment is
especial from the nearest distribution point 1r destination and excess freight will be, diagonal from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all era., pmnits, anificata and licatsex required by all
applicable laws, regutatiom, ordinances and rules at state, municipality, trmany or political subdivision where
the work is performed, or required by any other duly constimled public authority having jurisdiction over the work
of vendor. Seller fuller agrees W hold the City of Fort Contra handless from and against all liability and loss
ncuncd by them by reason of an asserted err established violation of any such laws, regularities, ordinances, wales
and ""Bremen..
Anda rintion All patties to this ramrod .,me that the represcomuve, arc, in fact, bran fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Pumhase Omer expressly limits acceptance to the terms and conditions stated
herein set fond, and any supplementary of additional temp and conditions amexed hereto or incorporated herein by
reference. Any additional err different temp wed wditions proposed by seller art objecud to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your
promised delivery date ns noted. Time is of the essence. Delivery and performance must be effected within the time
stated an the purchase orda and the documents fife chd hereto. No acts of the Pullmans including, without
limitation, acceptance of p trial late deliveries, shall cperam as a waiver of this provision. In the event of ay delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing Otis order elsewhere
and holding the Seller liable for damages. However, We Seller shall not be liable for damagm as a result of delays
due on causes not reasonably frmeeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, tires, strikes, Hood, epidemics, wars or
hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
dine when the Seller first racived knowledge Wemof. In the event of any such delay, the date of delivery shall be
extracted for Ore priod a]al to the time acWally lost by ream. afibe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work award by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be it, for this, purposes intended, and
pedbmad with the highest degree of care and competence in accordance with eccepfd standards for work of a
imilar store. The Sella agrees to hold the purchaser hvmless from any loss, damage or expense which the
Purchassr may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make
goad, without cost to the purchaser, any defers or faults alising within one (1) year or within such longer period of
fime m may be prescribed by law or by the Whits of any applicable wamamy provided by the Seller area the dam of
eceptace of the good fumishd heraunda (acceptance rem W be ucrommiably delayd), resulting Grin imperfect
or der. five work drove err marmots famishd by the Seller. Attcvtance or use of moods by the Purchmer shall at
to all damages m
shall in no event
4. CHANGES IN LEGAL TERMS.
The Purchmer may make changes to legal Wrens by writing change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes W the terms, other than legal terns, including additions to or deletions from
the quantities impunity ordered in the a wificalions or drawings, by verbal or wrium change order. If any such
change aliens the amount due or the time of pedormamc hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by Wingert change ode, terminate this egrecmmt as to any err ell poniats of Nc
goods then not shippd, subject to any equitable 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 good and/or work, for incidental or consequential damages, and that no such adjmtmrnt w made in
favor of the Sella with respect to any goad which art ale Sellers standam stack. No such termivtion shall relieve
the Purchaser or Ore Seller crony of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be normal within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrens that all good sold haaunda shall hove been produced, said, delivered and famishd in stna
compliance with all applicable laws and regulations an which the goods arc subjmL The Sella shall execute and
deliver such documents as may be national to effect or evidence compliance. All laws and regulations r goird to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchmer harmless fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure W comply with such law.
9. ASSIGNMENT.
Neither party shall asip. 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 Seller warrens full, them and unreetncted title to the Purchaser for all muipmeot marmots, all items furnished
in performance of this agrcemevL free and clear of any ad all limn, convictions, onen flons, security interest
encumbrances and claims of others.
ILNONWAIVER.
Failure of the Porchasef W insist upon strict performance of 0te terms and wnditiotss hereof, failure m delay to
extuarium any rights or
remedies provided heroin or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofo, paymatl for goods hereunder or approval of Ne design, shall not release the Sella of
any of the warranties or obligations of this purchase, order and shall not be deemed a waiver of any right of the
purchaser 10 insist upon strict performance haeofor any of its rights or remedies as to soy such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any paryorted
ore] nomination or rescission of Nis purchase order by the Purchmer operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser carmize that in actual economic practice, overcharges resulting from antitrust
violations art in fact home by the Pmrchmer. Theremf ere, for good cause and as consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fdnal in stare antitrust laws for such ovrrtlsargm relating to the paniculm goods or services
purchased of acquired by the Purchaser pursuant W this purchase wall.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser ad the Sella, and the Sella thereafter indicates is inability car unwillingness 1r comply, the purcfimrr
may cause the work W be perfomrd by rise mast capdiliom means mailable W it, and the Seller shall pay all
costs assaciad with such work.
The Seller shall release the purchaser and its contractors of any net Gam all liabiliry and claims of any mime
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Early released and shall extend 1a the
direnars, wirers all employees ofsuch parry.
The Seller's contractual obligations, including warranty, shall not be deemed to be, natural, in any way, because
inch work is performed or caused m be pa refired[ by the Purchmer.
14. PATENTS.
Whenever the Seller is required to am any design, dmice, material in process covered by Inner, parent, vademark
or copyright, the Sella shall indemnify and save terrorless the purchaser from any and all claims for momemem
by reason of the use of such pmenrrd drign, 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 W pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of no good, is in such suit held to constitute infringement and the use of
said equipment or pan is mpined, the Seller shall, at its own expense anal at its option, either Emetic for the
Putdgeor the right to continue miag said equipment or pans, replan the same with inch aotially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become inathead or bankrupt, make an ressigm rent for the benefit of creditors, appoint a
maiver or sooner for any of the Sellers property, or business, this order may forthwith be canceled by ale
Forcnagrr without liabiliry.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation o'the agreement and the rights of all parties hereunder shall be
aranued under aml govemnd by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work beautder,
including the secxiar of Sellers Rrpresontalive(s), mathe premium infighters.
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellaa awn risk until the same is illy completed and accepted, and shall,
in are, of any accidem dawnion or injury to the work ampor materials before Sair's final mmpbion and
acceptance, complete the work at Sellers awn expense and 10 the satisfaction of the Pachasnr. What materials
ad a it ipmrnr are famished by orders for installation or erection by the Sella. the Sella shall receive, ailing,
share and handle same at no site and become responsible therefor is, though such materaB out equipment
wine being famished by the Seller under the order.
IS. INSURANCE.
The Sella shall, at his own expense, provide for We pyment of workers compemdmic including occupxtimail
disease benefits, to its employees employed on or in connection with the work covered by this purchase ort
author to their dcpcndenn in accordance with the laws of the sure in which the work is to be done. The Seller
,hull also any amprehrnsive gwval liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at trust 5300,0W for any one person, $500,000 for any
com accident and property damage limit per accident of S400,000. The Seller shall likewise acquire his
contractors, if any, to provide for such compensation all insurance. Before any of the Sellers or his contractors
employees shall do any work sear, the premiss of ordrm. the Sella shall famish the Purchaser with a certificate
cast such compeaatlm and insurance have been provided. Such certificates shall specify use date when such
compensation and insurance have ban provided. Such certificates shall specify the time when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass a the entire rapnsibiliry and liability for any vd all damage, loss or injury afmy kind
or nature whatsoever to persons or property camel by in resulting firm the execution of the work provided for in
this robs. order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Putchmers officers, agents and employees from and against any and all claims, losses, damages,
chagm or expenses, whether direct or indirect, had whima to porous or property to which We Purchases may
be, put or subject by reason of any act, action, art omission or default on the per, of the Sella, any of his
contractors. or any of the Scllm or contractors officers, agents or employees. In cute any suit or other
pmcedings shall be brought against tire Purchmer, or is officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees m aforesaid the Seller hereby agrees to assume ale defense thereof and to
de&nd the same at the Sellers own expense, W pay any and all casts, charges, attorneys fees and other expenses,
any and all judgments Nat may be magraccl by or obtained agahst the Forefinger or any of ism Wen alficers,
agents or employees in such suits or other pc«clings, and iv case judgment or other lim be placed upon or
obtained against the property, of the Purchmer, or said panic in or m a result of such suits or other procealinp.
the Sella will at once cause the same to be dissolved and duchargd by giving bond or othervnu. The Seller and
his contractors shall take all safety precaution, famish and install all guards neassary for the prevention of
accidents, comply with all laws and regulations with regard to safety including but without limitation, the
Contaminant Safety all Health Act of 1970 and all roles and regulations issued pursuant edema.
Revised 0]2014