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HomeMy WebLinkAbout120791 COMMUNITY FOUNDATION OF NO. COLORADO - PURCHASE ORDER - 9147588PO PURCHASE ORDER 914758er Page C117/ of PURCHASE 9147588 1 er z ' `t( OI I Ins This number must appear ` v " on all invoices, packing sli s and labels. Date: 12/23/2014 Vendor: 120791 Ship To: CITY MANAGER COMMUNITY FOUNDATION OF NO. COLORADO CITY OF FORT COLLINS ATTN: STEPHANIE CASHMAN 300 LAPORTE AVE 4745 WHEATON DR SUITE 100 CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 12/23/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Homelessness Community Conversations 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 LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Callins is exempt from state and local taxes. Our Exemption Numbs is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registined with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and andinioN hereof, failure or delay to Internal Revenue, Deaver, Col..& (Ref. Colorado Revised Statures 1973, Chapter 39-26. 114 (a). exemue any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not b, deemed a waiver of my right of the damage in transit, may be retumal to you for credit and are not to b, replaced except upon receipt of writing purchaser f insist upon strict performance hereof or any of its rights or remedies as w any such goods, regardless instructions from the City of Fog Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oat modification or rescission of this purchase miler by the Parglower claim as it waive of any of the temp Inspection GOODS art still at to the City of Fan Collies inspection on arrival. Ircocof. Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order can result i. 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized Payment on me pan of me City of Fan Collins. However, it is to he understood that FINAL Seller and the purchaser recognize mat in canal a is practice, oveacharges resulting fmm antitmt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in face home by the Purchaser. Therelofsm, forgood Note and as consideration for executing this purchase mot the Sella hereby consigns to the Pmchnser any and all claims it may now have or hereafter Freight Tenses. Shipments most al F.O.B., City of Fan Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired aides federal or into aatitmst laws for such oveaclam ties filatng w me particular goods or smices otherwise specified on this order. If permission is given to prepay freight and charge s wardely, the original freight purchased or an ,cool by the Purchaer pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will rot be accepted. Shipment Distance. Where manufacturers have i ismbuting points in counts parts of the country, shipment is expected fmm the nearest distribution point to destivtion, and excess freight will be deducted from Invoice what shipments are made from greata distance. Pentium. Seller shall procure at sellers sole cost all naessary, pemiita, caffice. and licenses required by all applicable laws, regulators, injuries and ales of the mile, municipality, region, or political subdivision where me work is performed, or requited by any other duly conducted public authority having jurisdiction over the work of vendor. Sella further appears to hold me City of Fog Collins burglar from and against all liability and lass wctmal by them by gown of an acseged or established violation of any such I.., regulations, ordinances, roles and regimentals. als. Auhoriralioa All panic Ica this contract agree that the rcprexmtativa are, in fact bona fide and possess Bill and complete aatho ity to bind said Wim. LIMITATION OF TERMS. This Purchase Order expressly limits..panne co me reins and costiff ns statal herein sed form and any supplementary or additional team and conditions mmexed hereto or inco parated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jmted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date w noted. Time is ofthe examine. Delivery and performance must Im abated within the time stated on the purchase order and the documents touched hereto. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal vad equitable remedies, the option of placing this order elsewhere and holding me Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due m causes not mawnsbly foreseeable which we beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivd or military authorities, governmental priontiec, fires, strikes, flood, epidemics, wars or riots 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 far the period equal to the time actually lost by reawn 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 impair other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and competitive in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hairless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wagunty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the date of aoeptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from im wrfat or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchases shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately cowed by the breach of any of the foregoing warranties or gunances, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The N cheer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Prim aser may make any changes to the terms, other than legal terms, including additions to or deletions from Use quantities originally arrived in the spaificationa or drawings, by vetting or women change order. If any such change atTects the amounl due or the time of performance hereunder an equitable mijustment shall be made. &TERMINATIONS. The Purchaser may at any time by waimen change when, minimum this ornament as m any or all portioas of me good chat gar idd,sd, subject any equitable education beween the penis as to any work or maleriaf chin m progress provided tam me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion argue good amWm work. No incidental or cona,marial damages, and that no such calculating be made in favor of me Sella with respect to any goods which art the Sellers staMaN stuck. No such tationsuon shall relieve the Purchaser or he Seller of any of their obligation as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mar be warned within dirty (30) days fmm the date the change or termination u ardered. 8. COMPLIANCE WITH LAW. The Seller warants that all good sold hereunder shall have bran produced sold, delivered want Bombard in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella shall execute and deliver such documents as may be, on,tired to effect or evidence compliance. All laws and regulations requital to be incorporated in agreemems of this chowder are herby incorporated herein by this reference. The Seller agrees 0 indemnify and hold me Purchaser hamtlems from all costs and damages suffered by he Purchases w a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without me prior written consent of the omen pang. 10. TITLE. The Sella wa 1, full, clear and unmsMcted title an me Purchaser for all equipment, matenals, and items fuaished in performance of this agreement, form and clear of any and all hems, restrial... resematioa, security immen encumbrances and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifhe Purchaser dhecn he Seller to coaren rooeonfotming or defective good by a dine b be agreed upon by the Purchaser said the Sellea, and the Seller hereaffa indicates its inability or homillm coo, to comply, the Purchaser may cause the weak to be performed by the meat expeditious means available to it, sail me Seller shall pay all costs associated wins such work. The Seller shall relraw Use Purchaser and its contractors of any tier firm all liability and claims of any suture resulting from Use performance mfswh work. This release shall apply even in me event of fault of negligence of the party releual and shall extend to me directors, officers and employes ofsuch party. The Seller's contactual obligations, including warranty, shall out be domed to be reduced, in any way, ha tom such work is performed or caused to be wornaard by the Punchasser. 14. PATENTS. Whenever the Sella is mryimd to use any design, device, material or process casement by lema, patent, tademark or copyright, the Seller shall indemnify and save landed ss the Purchaser from any tint all claims for infringement by mown of he 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 to pay by twain of such infringement at any time during me prosecution or after the completion of the work. In case said equipment, ar any pan thereof or the iotendM use of me goods, is' such suit held to constitute infringement and the use of said aluipmnt cor pan is enjoined, the Seller shall, at own expense and at its option, either powre for the Purchaser, the right m continue in, said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nonlnfiinging. IS.INSOLVENCY. If the Seller shall become insolvent or bmd:mpt make an axogmnent for the benefit of creditors, appoint a receiver or trustee for any of he Sellers properly or business, this order may forthwith be canceled by the Purohmer without liability. 16. GOVERNING LAW. The definitions oforms used or the inerpremrion of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is b perform work hereunder, including the services of Sellers ReprcaentativelsZ on the premises of others. 17. SELLERS RESPONSTBILITY. The Sella shall carry on said work at Seller's own risk until me same is folly completed and eacepted, and shall, to se of any accident, destmction or injury to Use work anpor awast before Seller's final completion and acceptance, complete the work at Seller's own capes, and to the satisfaction of me Purchaser. When materials and equipment are famished by ohers for installation in erection by the Seller, the Seller shall receive, unload, store and handle same at me sin and become exportable therefor as though such materials anpm cq.ip.t were being f ishM by the Sella order me order. 18. INSURANCE. The Sella shall, at has own expense, provide For me payment of workers compensation, including occupational due ce, benefits, to its employees employed on or in connection with the work covered by this purchase order, mayor to their dependent, in accordance with me laws of to state in which the work is to be done. The Sella shift also carry comprehensive general liability indwor, but not limited ao, camractml and automobile public liability insurance wins bodily injury and death limits of at last $300,000 far any ooe promo, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise retain, has ontractors, if any, to provide for such compensation and insurance. Before my of me Sellers or has contractors employees shall do any work upon me premises of others, the Sella shall furnish the Purchaser with a certificate cat such compensation and insurance have been provided. Such certificates shall specify the dam when such map —ration aid wsurance have been provided Such artifNms small specify the date when such compensation oral insurance expires. The Sella agrees that such compensation and insurance shalt be maintained antil after the rue work is completed aid accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the arm mspoaibiliry road liability for any and all damage, loss m injury ofany kind or atom whatsoever to persons or property NusM by or resulting from he wmtion of do, work provided fro in his purchase order or is connection herewith. The Seller will indemnify and hold hmmless me Purchaser and any r all of me Purchasers officers, agents and employes from and against any and all claims, losses, damages, charges or expenses, whether direct or budget and whether to persons or property to which der, Purchown, may be put or subject by tenon of my tut, action, neglect, omission or default an me pan of Use Seller, any of has contractors, or any of the Sellers or contractors officers, a,aw; or employees. In case any suit or other proceedings shall be brought against me Puahasa, or its officers, agents or employees in any time on account or by maw. of it, act, sutiou, neglen, omission or hatut of he Sella of any of his contractors or my of its or heir officers, agents or employees as of id, the Seller hereby agrees to assume he defcme thereof and to defend the same at the Sellers con expense, or pay any arm ell casts, chaffs, am areq, fees and other expenses, any arm all judgments that may be incorrect by or obtained against he Purchaser ar any of its or their officers, agents ar employees in such saw or oher prarealings, and in case judgment or other lien be placed upon or obbeinM against me property of me Purchaser, or said panics in or in a result ofsuch suits or other proceedings, he Seller will at once cause me some to be dissolved and discharged by giving bond or i hnwix. The Sella and his contramors shall take all safety precautions', Bimish and iatall all good necessary for he prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation, me Occupational Safety arm HNIh Act of 1970 and all rules and regulations issued pursuant mrerem. Revised 07I2014