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HomeMy WebLinkAbout293879 VOLUNTEERS OF AMERICA - PURCHASE ORDER - 9146892PO PURCHASE ORDER 914689er Page C117/ of PURCHASE 9146892 ' of 2 F6r} Collins Ins This number must appear /_^!'`�—,J`' ` v ` on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 293879 VOLUNTEERS OF AMERICA ATTN: MARY BETH HELLER 2660 LARIMER ST DENVER CO 80205 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 FY14 Home Delivered Meal Progr am as contracted on 9/19/14 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 33,600.00 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. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and kcal taxes. Our Exemption Number is I L NONWAIVER. 98-04503. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance, of tha temcs and canditions hereof, failure or delay to Lamm[ Revenue, Denver, Colorado (Ref. Colorado Revised Samoa 1973, Chapter 39-36,114 (a). exemise Pny rights or remedies provided herein or by law, faime, to promptly rich ry the Seller in the event of a breach, the mccOmme for payment for goods hereunder or approval of use design, shall or felewe the Seller of Goods Rejected. GOODS REIECTF.D due to failure to meet specifications, either when shipped Or due to defects of Pay of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in aansiq may ha returned to you for wedil and are or to be replaced except upon receipt of written Purchaur to insist upon suet performance hereofor any of cis fights or remedies m to any such goods, regardless instructions from the Co, of Fort Collins. of when shipped, received or wcepmd, w to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate Ps a waiver of any of the terms Impaction. GOODS are subject to the City of Fort Collins inspection on anivaL hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can moult in 13. ASSIGNMENT OF ANTITRUST CLAIMS. oubsomed payment on far For of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser mongoose that in nemw a ov is practice, ercherga resulting from andmt tr ACCEPTANCE is dependent upon completion of all applicable Mutread impassion procedures. violations Pro in fact home by the purchaser. Thecetofore, for good aaw and as consideration f executing this purchase order, the Seller hereby aw,m; to the Pumhaur any and all claims it may now have or hereafter Freight Terms. Shipments must be FOR., City of Fort Collins TOD Wood St. Fort Collins, CO 80522, It. acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Panamint to this purchase order. bill most accomoaav invoice. Additional charges for Packing will not be accepted. Shipment Distance. Whore manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from &eater distance. Permits. Seller shall procure at callers sole cost all necessary poramou certificates and liccases required by all applicable laws, regulations, ordinances and roles of the spite, municipality, terrhory or political subdivuion where the work is pubmand, or required by any other duly omfimted public andu arty havingjunsdiction over the work of vendor. Sella further .,as to hold the City of Fan Collins harmless firm and agaim, .11 liability oral lass incurral by them by rea.n of m courted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the represennnives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmntt to the terms and conditions stated herein set forth and any supplementary or additional tram and conditions annexed hereb or incorporated herein by fefemnce. Any additional cur different team and conditions proposed by caller arc objected. and hereby jaled. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canml make complete shipment o Price on your Promised delivery date m owed. Time is of fie essence Delivery and performance now be a@cued within the time stated on the pmchow order and the documents attached haam No erns of fe Purchasers including, without limhation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. 1. fie event of any delay. the Purchaser shall havein addition to other legal and equitable comedies, the option of placing this order elsewhere and holding the Sella liable for damages. turnover, the Seller shall not he liable for damages as a result of delays due to causes not reasonably frueeable which we beyond its reasonable control and without its fault of negligence, such was of God acts OfciAl or military authorities, governmental priorities, fres, strikes, flood, epidemics, wars or riots provided that notice of the c rrabliom causing such delay is given to fe Purchases within five (5) days of Our time when the Seller fait received knowledge thereof. In fie event of any such delay, do, date of delivery shall be extended for fie period capital to the time wtually lost by pension of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials will work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar nature. The Seller agora to hold the purchaser hamlos from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmly. The Seller shall replace, repair or make good, without cost o fie p imiso r, any defects or faults 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 provided by fie Seller after the date of acceptance of the goods famished hercundm (accepmme not to be unreasonably delayed), resulting from imperfect or defective wwk done err materials fumshed by fie Seller. Acceptance or one of good by the Purchase, shall not uppimw is waiver of my claim under this warranty. Except w otherwise provided in this purchaic order, the Sellers liability hemuvder shall extend to ell damages proximately caused by the brunch of my of fc foregoing warranties or guarantees, but such liability shall in no event include lass of profits or lass of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal hems by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purclusser may make any changes to the lams, other than legal mrrm, including additions or or deletions form the quantities Originally ordered in the specifications or drawings, by verbal Or change order. If any such change affects fie amour, due or the time nfperfomame heremaks, an equitable adjmtmnd, shall be rode. 6. TERMINATIONS. The Purchaser may at any time by written charge Order, terminate this agreement as to any or AI paniom of the goods fen not shipped, subject to any Muiable edjounal between the parties as m any work w materials fen in progress provided that use Purchaser shall not be liable for my claims for anticipated profits on the uncomplued potion of the good and/or work, for incidenal or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations w to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mot be aswted within fairy (30) days from the date the change or temiration is ordered. S. COMPLIANCE WITH LAW. The Sella worraca that all goods sold herouMer shall have hem pmduuJ, said, delivered and furnished in Order compliance wit all applicable laws and regulations a which fie goods are subject The Sella shall execute and deliver such documents m may be, required to effect in evidence compliance. All laws and regulations required a h ncorpomted in agreements of this character we hereby inumpo rted herein by this refmnce. The Seller agrees a indemnify and hold the Parchment harmless from all costs and damages suffered by the Purchaser w a result of flue Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfcr, or convey this order, or any monies due or to become due hereunder without fe prior women comrn, of fie ore, Prey. 10. TITLE. The Seller wwtmts Pill, slow and wuestricted it the Purchaser for all equipment, mamriaf, and it. furniffireal in ofispromove of this egrtcmcvL free and clear of my mad ell liens, reslrictioas, reseratiam, savfity inwrest encumbmnca and claims of ofers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe rundown, ducc , fe Seller to correct nonconforming or defective goods by a dale to be agreed upon by fe Pumhaxr and the Seller, and fe Seller ffc.fta indicates its inability Or unwillingness to comply, fie Purchase, may cause fie work to he performed by fie most expeditions means available to if. wid fie Sella shall pay all costs associated with such work. The Seller aha11 mleme fie Purchmer and its contractors of any Per from all liability and claims of any ounce resulting from fe performance ofsucM1 ,wk. This release shall apply even in fie event of fault of negligence of to parry released and shall extend to the directors, othcas and employers of such puny. The Seller's conamcmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be rumored by the Purchaser. 14. PATENTS. Wherever the Seller is required to am any design, device, material or process coveedd by loner, pleat, trademark r copyright, the Sella shall indemnify and save harmless the Parchasa from any and all claims for infringement by ancon of the use of such patented design, device, material or process in comenclion with fie cowmen, and shall indemnify the Purchaser, for any con, expense or damage which it may be obliged a pay by mason of such hunn,annal at any lime during the prosamion or after the completion of fe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and fie use of said equipment or part is enjoined, the Seller shall, as its own expense and at its option, either pmare for the Parchwer the right to continue mina and equipment or pans, replace the same with substantially canal but noninfringing equipment, or modify it so it becomes nonlnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for fie bandit of creditors, appoint a Pointer in trustee for any of the Sellers property or business, this aNa may forthwith be canceled by the Purchaur witlwut liability. 16. GOVERNING LAW. The definitions of terms used or the wteryrmation of do agreement and the rights of all parties hereunder shall be romtmed order and governed by the laws offe Spite of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the wrvim of Sellers Re,rourtative(s), On the pmatisnt of others. 17. SELLERS RESPONSIBILITY. The Sella shall awry oa said work at Sellers, own risk mail the same is fully complwal word accepted, aM shall, in use of my accident, dotrwtion or injury to the work author materials before Sellers final completion and wceptance, complete the work err Sellers own expense and to the amisfadian of fie Purchase(. When matmals and eq.ip..t are ftuvished by others for inspillmion err crectian by fe Seller, the Seller shall receive, Poland, store and handle same in the site and become responsible therefor as though such materials adir equipment were being famished by fie Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is In be done. The Seller shall also carry comprehensive general liability including, but not limited a, contractual and automobile public liability insurance with 0.Mily mury am &o b limits of or least S300,00) for anyone person, S50g000 for my one accident and proamy damage limit per accident of S400,000. The Sella shall likewise mluire his contmclora if any, to provide for such compensation aM insurance. Before any of the Sellers or his communes employees shall do my work upon the premises ofothuss to Seller shall furnish the Purchaser wif a certificate that such campemapor cord imurvoe have bean provided. Such certificmo shall specify fe rime when such compensation and insurance have been provided. Such can imam shall specify fie date what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall In, maintained until after fie mine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responsibility and liability for any and all damage, loss or injury afany kind r mature whatsocver to persons or property caused by or resulting from fe execution ofthe work pmvided for in this purchase order or in coana tim herewith. The Seller will indemnify and hold harmless fie Purchaser and any r all of the Purchasers alfceq agents and employees from aid against any and fill claims, lasses, damages, charges or expenses, whether than or wdireu, and whether to persons or progeny to which fie Purehasa wry he put or subje a by mama of any ark action, neglect, omission or default on fie part of the Seller, any of his emmaws, ar any of fie Sellers or cwt1.0. officers, agents or employees. In mu any suit ar color pmcaximp shall be, brought against fie Purchaser, or its officers, agents or employees at my time on account or by meson of any art, wtim, neglect omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as of lid, do, Sella hereby agrees as assume the defense thereof and o defend the same al the Sellers own expo.., to pay any, and all costs, charges, momeys fees and other expenses, my and al judgments that may be incurred by or obtained against the Purchmcr many of its w their ofc m. agents or employees in such suits or other proceedings, and in Pau judgment or other lien be, placed upon or obtained against the property of the Purehmer, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish a d install all guard neccssary for the preventim of accidence, comply with OF laws and regulations with regard to safety including, but without limimtim, the Occupational Safety rud Health Act of 1970 and fill roles and regulations iccued pursuant therein. Revised 07nO14