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HomeMy WebLinkAbout223028 THE FAMILY CARE CONNECTION INC - PURCHASE ORDER - 9150009PO PURCHASE ORDER 915000er Page C117/ of PURCHASE 9150009 1 of z Flirt Collins lI„C his number must appear V`I a �.I ` 1 1�7 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 223028 THE FAMILY CARE CONNECTION INC 6 HEATHER CIRCLE COLORADO SPRINGS CO 80906 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: WILSON, JILL Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. CONTRACT RENEWED 12/24/2014 for 2015. Line Description Quantity UOM Unit Price Extended Ordered Price i BACK-UP CARE SERVICES Blanket PO for 2015 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:purchasingQfcgov.com 1 LOT LS Total Pay terms net 30 days Invoice Address: [oD] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCW.DUAILS. Tax wasolmom. By statute the City of Fort Collins is exempt farm sale and local moms. Oun Exemption Number is I L NONWAIVER. 984]1502. Federal Excise Tax Exemption Certificate of Registry 84b000587 is registered with the Cathcart of Failure of the Purchaser to im¢t upon strict performance of the teem and conditions bertof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 is (a). exadm any rights or remedies provided herein or bylaw, failure to promptly notify the Sella in the event of a breach, the acceptance of., payment for goods hereunder or mpp mid ofthe design, shall not release the Sella of Goods Rejected, GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of any of the wmmmies or obligations of this movions, order and shall not M deemed a waiver of any right of the damage in brown, may M Mumed to you for credit and are not to M replaced except upon receipt of writtm purchaser to insist upon am,, performance hereof or any of its rights or remedies as to any such good, regardless Instructions from the City of Fall Collins. of when shipped, examed or accepted, as ar my prim or subsequent default Meander, ter shall any Formatted and modification or rescission of this purchase order by the Purchaser opaote in a waiver of my of the ream Impacts. GOODS are mbjar to the City of Fort Collies inspection an arrived. hereof. Final Acceptance. Receipt of the merchandise, saner, or equipment m mponse to this order cam molt in 12. ASSIGNMENT OF ANTTFRUSTCLAIMS. authorind payment on the =rt of the City of Fort Collins. However, it is to be tmdersrood cast FINAL Sella artd the Pmcheser recognize that in antes) uncomic prmova tice, cbargm es resulting farantitrust ACCEPTANCE is dependent upon completion of all applicable raluired impation procedures. violation, art in fact home by the purchaser. Therearfore, fogood muse and as mosidamon for executing this purchase order, the Seller hereby resigns in the Purchaser my and all claims it may now have or hemaRer Freight Team. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal Or state antitrust laws for such ovachargex relating to the particular goods or services mherwim specified on this order. If permission is given to prepay fright and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most action a w invoice. Additional charms for picking will Out he accepted. Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is expected firm the national distribution Point to destination, and excess freight will M deducted from Invoice when shipments ere made from former datmrce. Parrium Sella shall prowre at sellers sole cost all rrccamry permits, catifmcam a,M licenses required by all applicable laws, regulation, mdi... res and me, of the state, mmicipality, rerrimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Can Collins hornless from and against all liability and loss incurred by them by ream. of as asserted art established violation of my such laws, regulations, mh... res, roles and ralifirarem. Authorization. All ponies to this contract agree Nat the representatives are, in fact, Most fide and possess full and complete minority to bind said ponies. LIMITATION OF TERMS. This Purchase Other expressly limits maplava W the tenor and condtons sired herein set Toed and my supplementary or additional terms and coMitions amexed hereto or incorporated hereiv by oil.. Any additional or diRerml It. and conditions paoposed by sell, ere objected to and hereby jased. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmeal to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must M altered within the time stated On the purchase order and the documents attached hereto. No acts of the Purchasers including, without limimtion acceptance of partial late delivenes, shall operate as e waiver of fix provision In the event army data, the Purchaser shall have, in addition W other legal and equitable remedies, the option of placing fix order elsewhere and holding the Sella liable far damage. However, the Seller shall awl be liable fm damages as a mull of delays due to causes via reasonably lamentable which are beyond iu,a,o=ble control and Wiliam, its fault of negligence, such acts of God, ants ofeivil an m Emry i uthoritim, govcmmentil priorities, fees, strikes, Rood, el idemies, was or aims provided that notice of the conditions causing such delay is given to fie Purchaser within five (5) days of the, time when the Sella first received knowledge thereof. In fie event of my such delay, the date of delivery shall M extended for fie period equal to the time musa y lost by reason arrive delay. 3. WARRANTY. The Seller wments that all goodx, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlm other descriptions given, will M fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar more. The Sella agrees to Mid the purchaser homlres farm my Ims, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers beach ofoommov. The Seller shall replace, repair or make good, withom oust to the l urchsma, any defects Or faults Arising within one (1) Year or within such longef i m id of time as troy prescribed by law or by the tents army applicable warranty provided by the Sella After the dame of interaction of fie goods furnished hereueda (acceptma not to be mueaso=bly delayed), mulling from Imperial or defective wells done or materials bandstand by the Sella. Acceptance or me of good by the Purchaser shaft not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages ruminantly caused by the breach of my of the foregoing wamanuim or guarantees, but such liability shall in no event include loss of pmfi, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES INLEGAL TERMS. The Pmchumv may make changes to legal terror by whom change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any clumima to the terms, aher Jun legal mans, including addition coo or deletions on. fie quantities originally ordered in the spcifimtions Or drawings, by vabal or written change other. If my such change affects the amount due or the time of peufarnantt himunder, an Nuitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change coda, Rasimare this agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the parties m to any work or materials then in progms provided fat the Purchase, shall our be liable fur any claims far anticipated profits on the uncompleted ponian of the goads and/or work, for incidental or consequential damages, and that no such adjnmmem M nude in favor of the Sell, with aspect Ica my goods which are the Sellers standard mock. No such mani=ti m shall relieve fe Porchaur oa the Sella of any afghan obligations as to my good delivered M1ereuruler. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjaMent most M assured within thirty (30) days from fie date the change or reclamation is underact R. COMPLIANCE WITH LAW. The Sella weasels that Al goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulation to which the goals are subject. The Seller shall execute and dad iver such documents n may be requieed to effect or evidence compliance. All laws and regulation res tired W M n..trended In sgeements of this character are hereby incorporated herein by this tefmmce. The Seller agrees to indemnify and Mid the Purthaser harmless from all era, mud damages suffered by fie Purthaser in a result of Its, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither piny shall assign, vaafa, or convey this other, or my monies due or in become due hereuetder without the prior women ronmt of the other party. 10. TITLE. The Sella cossets full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Punished in performance of his agreement, free and clear of my and all liens, restrictions, ramation, security intent meumbmmus out claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct mwmonforming or defective good by a date to be agreed upon by the Purchaser and the Sella, and the Seiler Nco mme indicates its arability or unwillingness to comply, tM Purchaser may eiue the work to be performed by the mart expeditious means available to it and the Sella shall pay all cos, marriated with such work. The Sella shall .1. the Purchaser and in contractors of my net farm all liability and claims of my nature mulling from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend ,a the directors, amcers and employees ofsuch party. The Sellers contractual obligation, initiating waaanry, shall not M deemed to be reduced, is any way, because such work is performed or caused to M performed by the Purchaser. 14. PATENTS. Whenever the Seller is required W use my design, device, material or proves, ensured by Items, patmL eademank Or enpy.,hl, the Seller shall indemnify and save harmless the purchaser form my mail all claims for infn'ngemmt by reason of the use of such patented design, device, material or process in comeaiea with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by,arson ofsuch inGngement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the mended use of the goads, is in such suit held m constitute infringement and the use of said equipment or part is enjoined, the Seller shall, al its awn expense and at its optm, either position for the Purchaser the right to continue ping said equipment or parts, repine the some with substantially equal but noninfringing mquipmenL or modify it so it haom¢ amwJringing. 15. INSOLVENCY. If the Sella shall became insolvent or hanmupt, cook, an reaignmem for fie benefit of creditors, appoint e receiver or trmta for an, of fie Sellers progeny or business, this order may forthwith M cameled by the Functional without liability. 16. GOVERNING LAW. The definitions of 1. used err the interpretation of the agreemem and the lights of all parties hereunder shall M construed under and governed by the Iowa ofthe Sure of Colorado, USA. The following Additional Conditions apply only in taus where the Sella is tO perform wok hemund,, including fie services ofSellas Rapresenmtive(s), on fie premises crudites. 17. SELLERS RESPONSIBILITY. The Seller along carry an said work at Sellers own risk =61 the same u fully enmplaed and accepted, and shall, in case of my accdem, destruction or injury in the work od/or mmcriak before Sellers final completion and scapana, complete fie work or Saflers own expanse end an the satisfaction of flue Purchaser. When materiels and equipment arc funubed by others for installation a erection by the Seller, the Sella shall receive, unload, store and handle same al the site and become mponible therefor as foogh such marmots ari equipment were being fumishad by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation including acupmional disease benefits, to its employees employed on or in association with the work covered by the purchase order, and/or to their dependents in accordance with the laws of fie stale in which the work is to M dome. The Sella shell elan ever comp dmosive general liability including, but non limited an comxtual oral smomobile public liability insurance with bandy injury and death lima, of at laor 3300,00o for any ace person. $500,00o for my one accident and parpaty damage four per accident of S400,000. The Sella shall likewise require his contractors, if my, an provide for such compensation and insumne. Before my of the Sellers en his contnaors employees shall do my work upon the premises of others, the Seller shall furnish the ProcM1ssa with a aaificare that such compensation and inseam have been provided. Such emificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall M mainaiaed until after the mtim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assonces the entire responsibility and liability for my and all damage, loss or injury army kind or=rare whommct to persons or property caused by or melting from the excretion ofthe work provided for On this purchase maker m in connalion herewith. The Seller will iademnnify mod MW homires the Purchaser end my m all of the purchasers officers, agen, and employers fmn and against my and all claw=, lames, damages, charge m, expenses, whaler direct a indirect. and whether to pass= err property to which the Pmchaser may M per or subjct by ream. of any tut, nation, neglect omission Or default on the pm of the Seller, my of his continuous, or my of the Sellers or contractors officers, agents or employers In case any suit or other proceedings shall be brought against the Purcham, or its officers. agent or employees as my time on account or by reason of my ad, action, neglect, omission or default of fie Sella of any of his contactors or my of its or their officers, agents or employees as aforemid, the Sella hereby agrees or resume the defense thereof and to defend the come an the Sell. sewn expense, to pay my and all costs. charges, athormys fees and when expenses, my anal all judims. that may M incurred by or charmed against the Purchaser m my of its or them officers, agent or employees in such suits or other proceedings, and in case judgment, or other him M placed upon or Obtained against flue properly of he Purchaser, or said parties in Or as n molt of such man; in other proceedings, the Sella will at one cause he name to M dissolved and discharged by giving bond or otherwise. The Sella and his contractor sledl take all safety praautims, f rmich and install all guards necessary for the pmanum of accidents, comply wit all laws and regulations wit regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all roles and regulations issued purmavt thereto. Revised OM014