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HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - PURCHASE ORDER - 9146726 (3)Fort Collins Date: 12/19/2014 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 - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 FY14 Housing Counseling as contracted on 9/19114 isRell��1 DOLLAR AMOUNT CHANGED PER W.BRICHER EMAIL DATED 12/18/14. -ECB 5 FY14 Housing Counseling as contracted on 9/19/14 1 LOT EA DOLLAR AMOUNT CHANGED PER W.BRICHER EMAIL DATED 12/18/14. -ECB 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 25,629.26 13,000.74 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 984W503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon smkt performance of the terms and conditions hereof, failure or delay ra Internal Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly testify the Sella in the an. of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected GOODS REJECTED due to fame to meet specifications, either when shipped or due to defects of a, of the warramim or obligations of this purchase order and shall nut be deemed a waiver of any eight of the damage in transit, may be resumed to you for rof and art not to be replaced except upon mceipt of wriuen purchaser m insist upon strict performance hereof or any of its rights or rem lies ns to any such goods, regardless iastruct ons from the City of Fort Collin. of when shipped, received or accepted, as to any prior or subsequent default hermndeu nor shall any purported unit modification or mcission of this parcbau order by the Purchaser Operate as a waiver of any of the terms Inspection. GOODS are subject ro the City of Fort Collins impaction on arrival. hereof. Fund Accepance. Receipt of the merchandise, sourvicas at equipment in rommuse to this order can recall in 12, ASSIGNMENT OF ANTITRUST CLAIMS. aut caused payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Seller and be purchaser ucogose but in actual economic practice, overcharges resulting form antitrust ACCEPTANCE ts dependent upon completion of all applicable inquired inspection procedutm. violations are in fact borne by be Puncheon. Theretoforeafar good cause and as coraideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments must b, F.O.D., City of Pon Collins, 700 Wood St., Pon Collim, CO 80522, unless acquired under fedeml Or stare antitrust laws for such overcharge; relating to the particular good or services otherwise spnified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquitad by be Purchase pursuant to this purchase order. bill most accompany insults. Additional chances for packing will not be accepted. Shipment DisancO Where manufacturers have domibming points in various ports of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greats distance. Permits. Seller shall procure at sellers sole cost all bucessm, pennies, mnifcates and Iicemm mquired by all updruable laws, regulations, o,drum. and mks of the state, municipality, territory or political subdivision where be work is performed, or required by any other duly com Bated public authority having jurisdiction over the work of snobs, Seller further agrees to hold the City of Fort Collins harmlecs from and against all liability and lass incur d by Nem by mason of an xsxae d or established violation of any such lax,, regulations, ordinswrox tales and requirements. Amhonestion. All parries to this contract agree that the representatives art, in fact, Now fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the leans and condition stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different in. and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ..of make complete shyroom W arrive on your promised delivery date as noted. Time is of the essence Delivery and performann most be affected within the time stated oa the purchase order and the documents touched harno. No acts of the Purchases, including, without limitation, acceptance of partial late deliveries, shall Operate as a waiver of this provision. In the event of any delay, be Pumhae shall have, in addition to other legal and ryuitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. Division. the Seller shall not be liable for damvges as a result of delays due to causes not reaunbly foreseeable which arc bryond its reasonable wool and without it, fault ofirm, igmce, such acts of God, airs of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wan or lints 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 For the period equal to the time actual ly lost by remon Of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with be highest degree of care and competence in accordance with accepted standard for work of a 'milar nature. the Seller agrees to hold the pumhaur harmless Joint any loss, dnmge or expense which the Purchaser may suffn or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tenses army applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be unremonably delayed), reselling from imperfect or defective work done or materials famished by the Seller. Acceptance or we of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guareums, but such liability mull in no event include loss of profits or lass of on. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Penniman may make changes to legal team by wdnm change order 5. CHANGES IN COMMERCIAL TERMS. The I'mulso f may make my change Io the Innis, other Nan legal mom, including additions a or ddedmis tom be qumtilic, originally ordered in be specifications or dmwiags, by verbal or written change under. If any such change offects the amount due or the lime ofpedormmce hereunder, an equitable ndjmtmoml shall h made. 6. TERMINATIONS. The purchaser may at any time by written change radio, immune sane this agreement as ro any or all pinions of the grad then not shipped, subject to my equitable adlstment between the pmin as to any work or materials then in porgress provided that flue Purchaser shall not be liable for my claims for anriciWm l profits on the wcompleted portion of the good and/or work, for imidental or mrearquemial damage,. and thaI an such adjustment be, made ire Favor of the Seller with mpoet to any good which art the Sellers standard stack. No such mmeimouns shall relieve be Purchaser or the Seller ofany oftheir obligations es to my goad delivered hereunder. f. CLAIMS FOR ADJUSTMENT. Any claim for nd3mnent most be, assured within thirty (30) of trim the date the change or insomuch tech is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants Dot all good sold hereunder shall have barn produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents m may be requited to effect or evidence compliance. All law, and mgulatimess Word to be incorparmed m agreements of this character are hereby incorporated herein by this inf nu. The Seller agrees W indemnify and hold the Puchasn harmlo s from all costs and damages suffered by the Puchasn as a result of be Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither pray shall assign, Ifamfer, or convey this order, or any manias due or to become due hereunder without be prior wrinen commt ofthe other party. I O. TITLE. The Seller warrants Full, clear and unrestricted tide to the Purchaser for at equipment, materials, and items frmishM in perfommnts of this agreement, free and clear of any and all Item, restrictions, reseRaliom, security interest amunflo ncas and claims oforEert. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Urban Pmchsser directs be Seller to correct nonconforming or defective goods by a date in be agreed upon by the Purchaser and be Seller, word the Seller Chromatin indicates its holiday, or unwillingness to comply, the Purchaser may caul the weak to be performed by Ne most cs peditiom means mailable to it, and the Seller shall pay all costs msociaont with such work. The Seller shall release be Franchiser and its contractors of any tier firm all liability and claims of any more resulting from the performame ofsucb work. This relcme shall apply evrn is the event of fault of negligence of the parry releaud and shall extend to the directors, offcers and employees of such party. The Seller's communist obligotiam, including wemnty, shall not be dcomed m ba reduced, in any way, became such work is performed of cowed to be pert edby the Purcbmn. 14. PATENTS. Whenever the Seller is textured m use any design, device, material in process covered by lever, talent, trademark or copyright, be Seller shall indemnify and save homeless the Purchaser f any and all claims for infringement by reason of the we of such patented design, device, material or process in connection with the comma, and shall indemnify be Purchaser for any cost, expense or damage which it may be obliged to play by reason of such infringement at any time during the prosecution or a0er the completion of the work. In eau said equipment, or any pan hereof or the htendnt nse of the goad, is in such suit held to constimm infringement and the me of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to coulame using said equipment or parts, replace the same with substantially equal but rominfringing epuipment, or modify,l so it becomes ro infirm,png. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignmem for the benefit of creditors, appoint e ractiver or trustee for any of the Sellers property or business, this order bey forthwith be canceled by the Purchawn without holiday. 16. GOVERNING LAW. The definitions of team used or the nomination of the agreement and the rights of all panics hereunder shall be conutmed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in imas where the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILIFY. The Seller shall carry on said work at Sellers own nsk until the same is fully complaint and accepted, and shall, in case of any accident, destruction or injury to be work and/or materials before Settees final completion and acceptance, complete be work at Sellers own expense and to be satisfaction of the Purchaer. When materials and equipment sore finished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at be site and become responsible therefor as though such mmenals anNor equipment were being furnished by the Sella under the order. 18. INSURANCE, The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupatiowl disease benefits, to in employees employed on or m comeection with be work covets by this purchase order, md/or m their dependent in accordance with the laws of the stare in which be work is to be done. The Seller shall also carry comprehensive normal liability including bur rear limited to, contractual and automobile public liability instance with boxhly injury and death limits of at least S30d,000 for any one person. S500,000 for my one zcddent anal propey damage limit per accident of S400,000. The Sella shall likewise require his contractors, if my, m Provide for such compensation and insurance. before any of the Sellers at his contractors employees shall do my work upon the premise of others, the Seller shall famish the pun:tual with a conifers, that such compensation and imurauoe have been Frivoled Such certificates shall specify the dine when such compensation sad harmonic have ban provided Such cenifwtes shall specify the date whom such compaysstom and insurance evpinow The Seller agrees that such compnomom and insurance shall be mainained out ti n the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmom Ne more owpamTiliry read liability, for any and all damage, loss or injury aI., kind or arture whatsoever m persons or property caused by or resulting from the execution of the work provided for in Nis Purchase order or in cournume herewith. The Seller will iMemdfy and held hamdess the Purchaser word any r all of the pantheons officers, egrets and employees from and against my and all claims, lossns, damages, charges or expenses, whether dimct or indirect. and whether to persons or pmvpeny to which the Purchaser may be, par or subject by reason of any ack union, neglect, omission or &Fuel, on the pm of Be Seller, my of his contmnors, o my of the Sellers o contmerors officers, agents or ployers. In eau any suit or order proceedings shall be brought agaimr the Purchaser, or its officers, agents or employees at my time on account or by reason of my an, actioq neglect, omission or default of Ne Seller of Only of his cunlmctors or any of its or their officers, agents or employees as of ssid, the Seller hereby agrees to assume the deeme Hereof and to defend be some at be Sellers own expense, m pay my and all torts, charges, attomrys fees and order expenses. my and all judgments that may ha incunerd by or obtained against the Perchance or any of its of their officers, agents or employees in such stirs or other proceedings, and in case judgment or offer lien be placed upon Or obtained against be property of the Purchase, or said pnies in or as a result ofmch suits or other proceedings. be Seller will at occe cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contraction shall take all safety precautions, f ish and insull all gmrds necessary for the prevention of accidents, comply with all hews and regulations with regard M safety including, bur without limitation, the Occupations] Safety and Hart Act of 1970 and all mles and regulations issued puraumt Memo. Revised 07n014