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HomeMy WebLinkAbout512969 KROGER MARKETED PLANS - PURCHASE ORDER - 9146681PURCHASE ORDER PO Number Page C117/ of PURCHASE 46681 ' of 2 ' `tCollins/ v This number must appear ` on all invoices, packing sli s and labels. Date: 11/14/2014 Vendor: 512969 Ship To: HUMAN RESOURCES KROGER MARKETED PLANS CITY OF FORT COLLINS KROGER PHARMACY MARKETED ACCOUNTS 215 N MASON, 2ND FLOOR PO BOX 677575 FORT COLLINS CO 80524-4408 DALLAS TX 75267-7575 Delivery Date: 11/14/2014 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. Line Description Quantity UOM Unit Price Extended Ordered Price Blanket PO for 2014 1 LOT LS 16,250.00 2014 Seasonal Flu Shots 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 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 datum the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption CMificale of Registry 84 6WO587 is registered with the Cathcart of Failure of the Purchaser to insist upon mict performance of the terms and conditions hereof, failure or delay to Inmmal Revenue, Denver Colorado (Ref. Colombo Revised Statute 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breech, the acceptance of or payment for goods hereunder or approval of the design, shot[ vat release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spaifiation, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deermd a waiver of any right of the damage in boussi4 may be mtaad to You for credit and are not an M replaced except upon tariff of wrinrn purchaser to insist upon strict performance hadd or any of its rights of remedies as to any such goods, regardless instructions from the City of Fen Collins, of when shipped, received or accepted, en many prior or salvation default M1neunda, aor shall any purytned oral modification or rescission of this purchase order by the Purchaser operate ea a waiver of my of the terms Inspection. GOODS are 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 part of the City or Fan Collins. However, if is to be unddium d that FINAL Seller and the Purchaser recognize that in actual economic practice, overchwges resulting from antim st ACCEPTANCE is defrauder, upon completion ofodl applicable required natamaidenhood.tiomaidenhood.ns rd. violatioare in fact home by the cbaer Par. Thm eafim fogood avu and in consideration for executing this purchase order, the Sella hereby assigns to the purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood Sr, Fan Collins, CO M522, unless squired under federal or sale antitrust laws for such overcharges filuting to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, not, original freight puchau l or acquired by the Purchaser pursuant to this puahsse order bill must accompany price. Additional changes, for packing will not be maraud. Shipment Distance. Where manufacnuers have disfbming paints in various purls of the country, shipmem is expected from the neared distribution in, to destitution, and excess freight will be deducted from Invoice when ,biomass are made from greater doun ce. Pdmim. Seller shall procure at sellers sale cast all necessary remain, ttnifirmas and licenses required by all applicable laws, regulations, addresses and roles of the sate, municipality, mummy or political subdivision where the weak is performed, or aspired by any other duly ronstimted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fort Collins Final. from and against all liability and loss incurred by them by moon of an asserted or established violation of any such laws, regulation, ordinances, roles and requirements. Amhorizaioa All ponies to this mmmct agree that the representatives are, in fact, borm fide rand possess fall and complete authority to bind said probes. LIMITATION OF TERMS. This Purchase Order apreuly limits acceptance to the canes and conditions stated herein set frM and any supplementary or aldiliomal terms arm coWin.. annexed benlo a menopausal herein by reference. Any additional a different maths and condition pmpoed by seller a a abjaxed to and hereby jmM. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make mmplem shipment to write on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase Omer and the documents attached hereto. No ads of the Forehands including, without I [rood m, acceptance Of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable maritime, the option of placing this aide, elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due W causes at rasonbly foreseeable which are beyond its rawarable conam[ and without in fou[, of negligene, such etas ofGod, acts of civil or military authorities, governmental priondes, fares. studies, Bond, epidemics, wars or riot provided that notice of the conditions causing such delay is given in 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 rated dint to the time.We] ly lost by reason of the delay. 3. WARRANTY. The Seller waraants that all goods, articles, materials and woak covered by this order will conform with applicable drawings, specifications, samples coder other descriptions given, will be fit for the purposes intended, and ,augmented wed the highest degree of cam and eompdence W amrdance with accepted sandard fro, work of a similes store. The Seller agrees in hold the purchaser harmless f any lass, damage or expense which the Purchaser may suffa or incur on armor afllte Sellers breach of wwmnty. The Sella shall replace, repair or make good, without cast to the purchaser, any defects Or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty pmdv by the Sella after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective wed done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall na, constitute a waiver of my claim under this warranty. Except as, otherwise provided in this purchase order, the Sella liability hereunder shall extend W all damages proximately caused by the breach of any of des fomgoing warranties or govantces, but such liability shall in no went include loss of pmfm 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 ao legal rents by canna change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaver may make any changes to the ,emu, odmr than legal [emu, including additions to or dddiom from the quantities originally nodded in the spdifration or coatings, by verbal or woman change order. If any such change affect the amount due or the time offer mormance baeumk, ran equitable adjtewnenr shall be made. 6. TERMBtAT10NS. The Purchase may at any time by wdnen change order, arrow mte this agreement as to any or all poninn of Be, goods then and shipped, subject an any crumble astmement between the parties res to any work or medals rha m progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Inortion of the giants a al/tu work, for ncidrnml or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Panama or the Seller ofany of their obligations as as any goods delivered bueunda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjeffmena tuna be assured within thirty, (30) days f the date tbe change or taminarom is o tided. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and famished in suict compliance with all applicable laws ad regulations to which the good are subject. The Seller shall execute and deliver such documents as may be ralunat to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated beat by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all cost aced damages surfed by the Forehead o a result of the Sellers friar, in comply with such law. 9. ASSIGNMENT. Neither parry shall ensign, annfe , or convey this order, or any monies due or to became due hereunder without the print wdnen consent of the other party. 10. TITLE. The Sell a warrants full, clear and luuestrice d title to the Purchaser for all dropout materiaB, out items furnished in performance of this agreement lice and elm of my ad all lien, restriction, rtsmatitns, security trerest erchhmbmaes and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases directs the Stillman coned[ nonconforming or defective goods by a dale to be agreed upon by the Purchaser and the Seller and the Seller therwfer indicates its inability or unwillingness to comply, the Purchaser may cause she work to be performed by the most expeditious meats available to it, and the Seller shall pay all costs associated with such work. The Seller shall release di Purchaser and its c amoser ars of any fie from all liability and claims of any ware resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the puny, released and shall extend to the directors, orders and employces trench party. The Seller's turnaround obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perform d or carmadmbe pert ed by the Purchaser. 14. PATENTS. Whenever the Sella is requiml to oae any design, device, maeried or p. covered by ]am, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the nu of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said aluipmem, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either Fracture for the Perchance the right to continue using said equipment or part, replace the same with substantially equal but naninfringing dluipment, or modify it a it becomes naninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bmtkmpt, make an asamomem for the benefit of credimrs, ripped. it native, m truss for any of the Sellers property or business, this order may forthwith be ancclad by the Purchma without liability. 16. GOVERNING LAW. The definition of man owed or the interpretation ofthe agreement and the right ofall parties hereunder shall be construed under and govemcd by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to pert work hcreurWa, inludngg the advice, ofsellas R head ntid(s), an 0rc premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Silly compl"ed and accepted, and shall, in case of any accident, destruction or injury to the work andbr materials before Sellers fuel completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials Out dimprhtmt are famished by others for installation or ration by the Sella, the Seller shall receive, indeed, score and handle same at the site and banner responsible therefor as, though such mandal, anNcor aluipmrna were being famished by the Sella utter the cola. 18. INSURANCE. The Seller shall, at his own expose, provide for the payment of workers compensation, including necupalimad disease benefits, to its employees employed on or in connection with the work covered by this Purchase order, endlor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall ulw cam comprehensive general liability including, but not limited to, commdual and automobile public liability insumnce with bodily injury and death limits of at 1.1530g000 for any one person, 5500,000 for any rose accident and property damage limit per accident of S400,000. The Seller shall likewise requite his mmtatoas, if any, to provide fro such compensation and announce. Before any of the Sellers or his contraomrs employers shall do any work upon tbe ptemism of others, the Seller shall mouth the Pwchassr with a ernifiate that such compenation and insurance have ban provided. Such waifiwtes shall specify the date when such omisnetion and insurance have bran provided. Such anifares shall specify the dale when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until and the alive ..,it is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responibility and liability for any arW all damage, loss or injury ofany kind Or more abaftedom to pnmns or properly expand by or resulting farm teen, exempton of use work provided for in this purchase order or in comodim armada The Sella will indemnify and hold harmless the Purchaser anal any or all of the Purchasers officers, agent and employda from and against any and all claims, losses, damages, charges or expenses, whether dire" or indirect, and whether to person or property to which the Purchaser may be put or subject by cannot of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contradom officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchases, or its officers, agent or employees at any time on account or by seen of any act, action, neglect, omission or default of the Seller of my of has contractors or any of it or theft otters, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend disc same at the Sellers own cxcenu, to pay any and all test, charges, attorneys fees and other expenses, any art all judgments and maybe imvrred by Or chained again, the Purchaser or any of its or their orders, agents or employees in such suit or other proceedings, and w come judgment or other her be placed upon or obtained against the progeny ardor Purchead, or said Ponies in or as a result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller end his continuous shall coke all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with uI[ laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1920 and all rules and regulation issued pursuant theme. Revised (Un014