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HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - PURCHASE ORDER - 9146725 (2)Fort Collins Date: 12/23/2014 Vendor: 102621 NEIGHBOR TO NEIGHBOR 1550 BLUE SPRUCE DR FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146725 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 Rent Assistance 1 LOT EA as contracted on 9/19114 ADDED PER W.BRICHER EMAIL DATED 12/22/14. -ECB 5 FY14 Rent Assistance 1 LOT EA as contracted on 9/19114 ADDED PER W.BRICHER EMAIL DATED 12/22/14. -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@fogov.com 5,856.37 19,427.63 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. COMMERCIALDETAIIS. Tax exemption. By sn a e the City of Fan Collins; is exempt from sure and local taxi. Ow Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcale of Registry 84-6000587 is register,, with the Collator of Failure of the Pu bacon to most upon strict performance of the temes and contributes hereof, failure at delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein in by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall vo1.1. the Seller of Goods Rejected. GOODS REJECTED due n failure to meet specifications, either when shipped or due n defects of any of the sera ties or obligation of this purchase order and shall ml he droned a waiver of any right of the damage in transit, may be resumed to you for credo and are not to he replaced except upon receipt of written pmchaur a insist upon inner performance thereof or any of its rights or remedies in to any such goods, regan leas instructions form the City ofFort Collins. of when shipped, received or accepted, in to any prior or subsequent default hneuuvder, oar shall any parported am] modification or rescission of this purchase order by the Pardoner operate as a waiver of any of the temrs Inspection. GOODS am subject to the City of Fort Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or 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. Doweven it is to be understood that FINAL Seiler and the Pumhaser recognize that in actual economic practice, overcharges resulting from amitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation are in fact home by the Purchaser. Theretofore, for good cation, and in consideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be ROM, City of Fort Collins, 700 Wood Ml, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the particular goad or services otherwise speri fed on this order. If permission is given to prepay freight and charge separately, the original freight purchased or mquiad by the Purchaser pursuant to this purchase oNer. bill most mcomWn, invoice. Additional charges for packing will not be accept,,. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufamtuers have distributing Points in reran perm of the country, shipment is Ifthe Puchsser directs the Seller to coeret tmnconforming or defective goods by a date in be agreed upon by the expected form the nearest distribution point to deaiwtion, and excess freight will be deducted from Im'oice when Purchaser, and the Seller, and the Seller Iherwfer indicates its inability or unwillingness in comply, the Pnchmer shipments are made form grater distance. may cause the work to ha performed by the most expedition mean amiable to it, and the Sella shall pay, all cots resucimed with such work. Pmnits. Sella shall procure err sellers sole cost all mcasnry permits, renifcates and tisanes required by all applicable laws, regulation, ordinances and rates of the sole, municipality, territory or political subdivision when So walk is performed, or required by any other duly c rni in rd public authoriy having jurisdiction over the work of vendor. Seller fuller agrees m hold the City of Fon Collins Interim from and against all liability and loss incurred by them by reason of m asserted or established violation of any such laws, regulation, ordinances, rules and requirements. Authorizallon. All parties to this contract agree that the reprenatilives an, in fact, bona fide and possess full and complete mthudty to bind said panics. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance on the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annesed hereto or moropemmd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment ro arrive on your Promised delivery date as tatted Time is of the essence. Delivery rand performance rant he effected within the time soled an the purchase ,it,, and the documents reached harem. No rots of the Purchaser including, without limitation, acceptance ofpa rial late detiveri e. shall operate in a waiver of Nis provision. In the event army delay, the Puehmer shall have, in addition to other legal are, equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not he liable for damages is a result of delays due to mines not reasonably fammable which am beyond its reasonable conwl and without in fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wins or riots provided that notice of the condition causing such delay is given to the Pumhmer 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 actually lost by reason ofthe delay. 3. WARRANTY. The Seller women, Char all good, writes, materials and work covered by this order will conform with applicable drawings, specification, samples sonar other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in aocordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expertise which the Purchaser may sulTa or incur on account of the Sellers breach of warranty. The Seller slop replace, repair or make good, without cost to the purchureq 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 on. of any applicable wormny provided by the Sella after the date of acceptance of the goods famished hereunder (mceptamx rat 1. ha unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchases shall not contrlma a waiver of any claim weds this warranty. Except in oderwise provided in this pmchxse omen, the Sellers liability hereunder shall extend to all damages proximately unused by the breach of any of the foregoing .amino or gramnt«s, but such liability shall in no event include loss ofp.f,. or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal remark by written change order. S. CHANGES IN COMMERCIAL TERMS. The Porcli—v may make any changes to the terms, other than legal terns, including addition to or deletions form the quantities originally ordered in the specifications or dmwiny, by verbal or written change order. If any such change affects the amount due or the time of perfotmnnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement an to any or all portion of the goods then not shipped, subject to any equitable adjustment between the ptw irs as or any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the umrompleted ,onion of the goods andior work, for incidental or corear we tial damages, and that no such adjustment be made in favor of the Seller with respect f any goods which art the Sellers standard stock. No such irradiation shall relieve drat Purchaser or the Seller o may oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjusment most be asserted within thirty (30) days tram the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fomished in strict compliance with all applicable laws and regulations ro which the good an, subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncm,modid in agreements of this character are hereby incur orated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaa harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neift, party shall anign, trenfeq or convey this orM, ma., monies due or to become due hereunder without the Prior wdnen wnsmt ofthe oNer parry. 10. TITLE. The Sella wvmann full, clear out unrestricted fide to the Purchaser for all equipment, materials, and items ftu cashed in 'adorer. of this agceemer, Bee and clear of any and all lien, restriction, conservation, secuHy interest encombrdeca rindclaims of others. The Seller shall feltase the Purchaser and its contractom of my tier from all liability and claims of my nature resulting for the pe foma nce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees fsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be treated, in any way, because such work is performed or caused to be perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 Purebasa far any cost, capers, or damage which it may be obliged to Pay by ¢axon of such infringement at arty time during the proseeution or after the completion of she work. In case acid equipment, or any pan theterf or the intended use of the good, u in such suit held re [antinte infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and as its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the tame with substantially equal but noninfdnging equipment, or modify it so it becomes rmninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terms used or the idenpreation of the agreement and the rights of all parties hereunder shall be command under and governed by the laws of the Some ofColoudo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder including the services ofS Ik,n Repreuntative(s), on the Premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall cart, on said work in Sidles own risk until the stone is fully complered and accepted, and shall, in cox of any accident, destruction or injury to der work mdor matmals before Seaers foal completion end mtrytarn e, complete the, work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipment an, humectant by others for installation or section by the Sella, the Sella shall receive, unload tome end handle same at the site and become usponsible therefor as though such materials anchor exivipmeat were being finished by the Sella cracker the order. 18, INSURANCE. The Sella shall, at his own topcoat, provide fir the payment of workers wmamati an, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, surfer to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance writ bodily injury and death limits of at least $300,00K) for any one person, $500,000 for any one accident and property damage limit fix, accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation cod insurance. Before any of me Sellers or his contractors employees shall der any work upon the premises of others. the Seller shall finish the Purchaser with a r,nificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificara shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mainoined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby commra the entire responsibility and liability for any end all damage, loss or injury of coy kirW nor wane wbauavow to persons or property caused by or resulting from the execution oft,, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the purchasers oiTcers, agents and employees form and again, any and all claims, tones, damages, changes re expenses, whether direct or indirest, and whMer tat person or Tommy, to which the Purchaser may be in or subject by Caron of my rot ration, neglecl, omission or default on the pan of the Seller, any of his ontractors, or my of the Sellers in contractors stars, agents or employees. In com any suit or other proceedings shall be bmugbt against the Purchnce, or its officers, agents or employees at my time on account or by rcawn of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their aRcers, agents or employees as aforemid, the Sella hereby agrees to assume the defense thereof and to defend the same at Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhnm or any of its or their officers, agents or employees in such suits or other proceedings, mW in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said pares in or as a result of such suits or other proceedings, the Seller will at once course the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall one all safety Instruction, furnish and inoll all guard uaessary for the prevention of accidents, comply with all Iowa and regulation with regain to safety including, but without limiaton, the Occupational Safety and Health Act of 1970 and ell rules and regulation issued pursuit then a. Revised 07n014