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HomeMy WebLinkAbout541002 VERIFIED VOLUNTEERS INC - PURCHASE ORDER - 9145748PO PURCHASE ORDER 914574er Page City of PURCHASE 9145748 1 of z Flirt Collins lins This number must appear !_\�/`I ` V ` 1 1 on all invoices, packing sli s and labels. Date: 10/06/2014 Vendor: 541002 VERIFIED VOLUNTEERS INC 113 S COLLEGE AVE FORT COLLINS CO 80524 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 10/03/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Background Checks Volunteers Background Checks 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:purchasingQ°fcgov.com 1 LOT LS 2,000.0000 2,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal ari- Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be ¢rmned to you for credit and are not to be replaced except upon receipt of written imnuctions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in authoriced payment on the Fan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O 13, City of Fan Collins, pW Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be mcepled. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected tram the nearest distribution point to destiation, and excess freight will be deducted tram Invoice when shipmates are made from peater distance. 11. NONWAIVF.R. Failure of the Purchmer to insist upon strict performance of the It. and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall nos release the Seller of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless of when shipped, racived or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser upstate as a waiver of any of the terns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reeognize that in actual economic practice, overcharges resulting fain antitrust violations am in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overtharges relating to the particular goods or services purchased Or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nonconforming or defective goad by a dale to be agreed upon by the Purchaser and the Seller. and the Seller measurer indicates its inability or unwillingness to comply. the Purchaser may cause the work to h performed by the most expeditious means available m it and the Sella shall pay all costs asswiated with such work. Parries. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and vales of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly ag stimed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation cram, such laws, regulations, ordinances, miss and requirements. Authorisation All parties to this contract agree that the representatives arc, in fact boa fide and possess full and complete authority to bird said parties. LIMITATION OF TERMS. This Purchase Data expressly limits accepmace to the it. and conditions stated herein set foM and any supplementary or additional team and condirioas annexed hereto or incorpotamd herein by reference. Any additional or dtlfe vat 1. and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immesdowly if you commit it make complete shipment to arrive an your premised delivery date as noted. Time is of the essence. Delivery and performance must h eRrcted within me time sated on the purchase order and the datunents attached hereto. No aces of the Purchasers including. without ha iedion, ace ptana of partial late delivara, shall operate as a waiver of this provision In the event artery delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order d .cwhcre and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to wows not reasonably fo=seezble which arc beyond its assumable a nwl and without its fault of negligence, such aces of God, acts of civil or military authorities, govemmental priorities, Errs, strikes, Rood, epidemics, cams a noes pmvi&al that notice of me conditions causing such delay is given to the Purchased within five (5) days of the time when the Sella first received knowledge thermf In me event of any such delay, the date of delivery shall h extended for me period equal to the time accial]y lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, mmPles and/or other descriptions given, will h fit for the purposes intended, and parformed with the highest degree of are and rompeteace in accordance with accepted s culards for work of is acka, name. The Seller agrees m hold the purchaser harmless from any lass, damage or expcme which the Purchaser may suffer or incur on ncwunt of the Sella breach of wamnry. The Seller shall replica, repair or make good, without cast to the purchaser, any dewas an faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofar y applicable waranty provided by the Seller after the rime of accep mew of the good burnished hereunder (acceptaae vas to he ..My dch,W), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constim= a waiver of any claim mader this wamnry. Except as otherwise provided in this purchase amtt, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing anomalies or guarantees, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Nan legal ¢rocs, including arlditinm to or deletions form the quantities originally ordered is me speciJcatiarrs nr drawings, by verbal or w tit en change order. If any such change offers the aruowt due or the time of arfhrmance hereunder, an eq.imblc adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change We, terminate this ngreenw., as to any or all panumns of the gad then not shipped, subject to any amiable adjustment weeean the parties as to any work or numerals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good anther work, for incidental or co qucntial damages, and that no such adjusment he made in favor of the Seller with respect ro any grads which are the Sellers standard stock. No such termination shall relieve me Purchaser or the Sella of any oftheir obligations as to any gams, dlivered hereunder. T. CLAIMS FOR AD3USTMENT. Any claim for adjustment mast be assured within thirty, (30) days from the dam the change m termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold teeeundar shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations require l to be incorporated in agreements of this character arc hereby thempommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as o result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shot] assign, vandia, or convey this order, or any monies due or to become due heramda without the prior written consent ofthe oma party. 10, TITLE. The Seller warrants hill, it. and unrestricted title to me Purchaser for all equipment, materials, and items furnished n performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbrances and claims tfothers. The Seller shall release the Purchaser and its contractors of any tier form at I liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the par, released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be deemed to be matured, in any way, bmause such work is performed or cause) to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is tactual to use any design, device, material or process everted by letter, parent, trademark r copyright, the Seller shall indemnify and save harmless the Purthaar from any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with the contract. and shall indemnify the Putchtrer for any cost, expense or damage which it may h obliged to pay by reason of such infringement at any time doting the prosecution or after the completion of flue work. In ease said ryuipment or any pan thereof or the intended use of the goods, is in such mit held to wnslimte infringement and the use of said tquipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prauue for the Puchaser the right to continue using said equipment or pans, replace the more with substantially awl but mninfringing a uipwasm, or modify it so it become na difringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for me benefit of creditors, appoint a or at, for any of the Sellers property no business, this aide may foMwilb be canceled by the Purchaser without liability. 16, GOVERNING LAW. The deftnitimts of terms usM or the intcopmation office agreement and the rights ofall parties hereunder shall be composed under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the saviccs ofShccrs Represenmtive(s), on the premises of.mars. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Sellers own risk until rho same is fully completed and nw tied, and shall, in case of any aaideat, destruction or injury to the work and/or materials bet Sellers foal completion and acca manse, complete the work at Sellers own eepense end an the satisfaction of the Purchaser. When n onsets and equipment are ficarnindual by others for installation or erection by the Seller, the Sella shall terrier, unload, stare and hurdle same at the site out become saporsible therefor as though such materials auditor exuipmenl were being famished by the Seller under the Omer. 18. INSURANCE. The Seller shall, at his own txpame, Provide for the, payment or workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, axDm to their dependents in accmdhow with the laws of the state in which the work is to be shore. The Seller shall also carry compreheasive general liability including, but not limited to, commune ta] and automobile public liability insurance with bodily injury and death limits Orin least S300,000 for any one pawn, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise resume his contractors, if ant, to Provide for such competssation aM insurance. Before any of rho Sellers or his sonmrmrs employees if do any work upon the prmism of others, the Sella shall famish the Pmrchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance expires. The Seller ogees that such commemorator and insurance shall the maintained until after the entire work is completed and amepmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nasumes the entire apeasibility and liability for any and all damage, loss or injury of any kind r ratans whatsoever to persons or progeny caused by or resulting from the execution office work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether he persons, or property to which the Purchaser nove, be put or subject by reason of any act, action, neglect, omission or default on me pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall h brought against the Purchase, or its 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 fireco, agents or employees as aforesaid, the Sella hereby agrees to assume the de@nsc drawer ad to defend the same at the Sellers own expere, to pay any and all costs, charges, attorom fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of th< Purchase, or said parties in or as a =suit of such suits or other pracedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or mhetwiu. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 01Q014