HomeMy WebLinkAbout113874 FOOD BANK FOR LARIMER COUNTY - PURCHASE ORDER - 9146899PO
PURCHASE ORDER 914689er Page
City of PURCHASE
46899 t of z
' `tCollins( This number must appear
V �7 on all invoices, packing
sli s and labels.
Date: 11125/2014
Vendor: 113874
FOOD BANK FOR LARIMER COUNTY
C/O CHARLENE OLMS
1301 BLUE SPRUCE DR
FORT COLLINS CO 80524-2001
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
t FY14 Kids Cafe Program
as contracted on 9/19114
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
27,182.00
182.00
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Call ins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-1M503. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Demxa Colorado (Ref. Colorado Revised Statutes 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
breach, the acceptance ofor payment for goods herewder or approval of the design, shall not release the Seller of
Goods Rejaaed. GOODS REIECTED due to failure to meet specifications, either when shipped or due to deists of
any of the wamntics or obligations of this parchase order and shall not h deemed a waiver of any right of the
damage in transit, may be retumM to you far credit and are not to as replaced except upon fineim of woman
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
mocumons fiom she City of Fan Collin.
of when shipped, received or accepted, as to my prior or subsequent default heeader, we shall any purported
oral modification or rescission of this purchase order by the Purchaser operate o a waiver of any of the terms
Inspection. GOODS are subjmt m the City of Fan Collins indecorum on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in fcsponse to this order can fault in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to the, understood that FINAL
Seller and the Purchaser recognize that in aznal economic poestice, monchmgex resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable ttyuircd impection procedures.
vichum s are in fact home by the Purchaser. Theremfore, for good out and as considemricn fun executing this
purchase order, the Seller hereby assigns to the Purchaser my ad all claims it may now have or hereafter
Freight Terms. Shipments mot be, F.O.B., City of Pon Calif., 700 Wood SL, Fast Collins, CO 80522, OR.
acquired under federal of sure mmmusr lass fro such commonas relating to the pof icular goods Or armies
otherwise specified on this coder. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not the, accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment D¢rance. Where manufacturers have distributing points in various parts of the country, shipment is
Him Purchaser direessthe Sellam comct nonconforming or defecive good by a date to be agreed upon by the
expected from the ... dmdbufion point to destine im, and excess freight will be doll farm Invoice when
Purchaser and the Sella, and the Seller thereafter idiotcs us mobility or unwillingness to comply, the Purchssa
shipments art made from gfmtff distmrce.
may cause the work to be pert al by the most expeditious means available to it, and the Seller shall pay all
cots associmed with such weak.
Pemdu. Seller shall Is. al sellers role cost all necessary permits, mnifimta and licerna required by all
applisuble lass, regulations, ordinance and roles of the state, municipality, territory or political subdivision where
The Sella shall release the Purchaser and its ...Of s of my tiff farm all liability and claims of any omre
the wank is performed, or required by my ocher duly intuitional public authority having jurisdiction over She work
resulting from the pert co ofsach work.
of vendor. Seller fuller agree to hold the City of Fan Collins hvmlas from and against all liability and loss
incurred by them by reason of an assured or emubluhetl vmlarion of my such lawn, regulations, ordicanca, rules
This release shall apply ever in the event of fault of negligence of the parry ¢Icaud and shall extend to the
and rdluiremems.
directors, officers mall employees of such party.
AUOwm lion. All prates to this commit agree that the minseemativa mc, in fact, boo fide and pa •ss fall and
The Sellers committal obligations, including wartavty, shall not be deemed b be redo<W, in any way, because
complete authority to bind said panics.
Such work is perfomd or caned to be, performed by the Nocluder.
LIMITATION OF TERMS This Purrhau Order expressly limit acceptance to the rams and conditions stated
herein set forth and my supplmmury or additional terms and conditions amend hereto or incmpmated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complew shipment to arrive on your
Promised delivery dal ex noted. Time is of the armor. Delivery and perfononce most be elTcaed within the rime
sexual on the produce order and the documents attached herem. No acts of the Purchaser including, without
limitation, acceptance of partial late deliveries, shall opemm as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes ma reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such sure of God, acts of civil or military iminuhies, guvar mental priorities, fires, strikes, rod, epidemics, wars or
note 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 my such delay, the date of delivery shall be
extended for the period a cal to the time=rosily last by reason ofthe delay.
3. WARRANTY.
Ile Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andror other descriptions given, will be fit for the pro ones intended, and
performed with the highest degree of cure and compemnce in accordance with accepted standards for work of a
similar nature. The Sella agree to hold the purchaser handless tram any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be preunbed by law or by the terms army applicable warranty provided by the Seller after the dam of
cerptance of the goads famished hereunder (acceptance not to he comamnably delayed), resulting drum imperfect
or defective work done or materials famished by the Seller. Acceptance or use of Bead by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as mhawiu provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximaely caused by the breach of any of the foregoing warmati s
or guarantees, but such liability shall in no 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 semis by womm change order
5. CHANGES IN COMMERCIAL TERMS.
The Purehsser may make any cmm. So the coma, ather than legal terms, including addificas a. or delerlons from
the quantities originally ordered in the spmificatiotu or dmwings, by wiftni or written change under. If any such
change affects the amount due or the time oflserformance hereunder, an animate djuammt shall h made.
(.TERMINATIONS.
The putchssff may at my time by written change order, terminate this agreenrcnt as to any or ell famous of the
good then fact shipped, subjmt to any equiublc Wjmtment between the of. as to any work or meta k then in
progress provided that the Purchaser shall Out the, liable for any claims for anticipated pmfts on the mmmpleted
portion ofthe good andor work, for incidmul or cotssrx, canal damages. and that an such djuumea be made f
favor of the Sella with respect to my goods which am the Seller standard stock. No such rermiotio s shall relieve
the Purchaser Or the Sella army Orman obligations in to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for djosnnent most be, tuned within trim, (30) days from the dam the change or lamination is
ardor d.
S. COMPLIANCE WITH LAW.
The Seller womnu Oat all goods Sold hereunder shall havi, hen produced, Said, delivered mad ftumuhal in stria
compliance with all applicable laws and regulations to which the goods are subjmt. Thin Sella shall exemm and
deliver such documents as may ber captured to effect or evidrna compliance. All laws and regulations required to be
incorporated in sgrexmrnk of this character sae hereby incorporated herein by this reference. The Sella agrees to
indemnify ad hold the Purchaser harmless from all costs and damages suffered by fe Purchaser o is rmult of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign tmorsfer, in convey this order, or my monies due or to become due hereunder without the
Poor women consent nfthe ofer party.
10. TITLE.
The Seller wasfeem, full, clear and command title to the Pumhuer for all equipment mammals, and imams fumishd
in performance of this agreement, fan and clear of any and all liars, restrictions, ra findions, security interest
encumbrances and claims of others.
14. PATENTS.
Whenever the Seller is natural or use my design, device, material or process covered by later, parent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchsa from my and all claims for infringement
by mason of the use of such p and design, device, material or process in connection with the a ntrer, and
shall indemnify the Purchaser for any cost, expense or damage which it may h obliged to pay by reason of such
inGfngement at any time during the prostration or after the completion of the work. In ease said equipment, or
any pan thereof or the intended use of the good, is in such suit held to transform infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and a in option, either procure far the
Purchuer the right to continue using said rymprnrnt or pros, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bmtks upt make an assignment for the benefit of crarb rs, appoint a
receiver or st truee Mma for my of the Sellers propy or business, this order y forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of temp used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be
consrmed under and govemed by the laws of the Stare of Colorado, USA.
The following Additomal Conditions apply only in cases where the Sella is to pfffom work hereunder,
including the Services of Sellers Represenmrive(s), on the premises ofothers.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on Said work at Sellers own risk until the same is fully completed and worpted, and shall,
in arse of any accident, destruction or injury to the weak and/or maenmis before Seller's final compleion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are Founded by others for installation or erection by the Seller, the Seller shall receive, unload,
store sad handle same at the site and beams respaoible therefor as though such mamrials mNor equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his can expense, provide fro the payment of workers compensation, including occepatimul
discuss benefits, to its employers employed on or in connection with the work covered by this purchase order,
maker to their dependents in accordance with the laws of the mute in which the work is to as done. The Seller
shall also carry ev mprehetuive farm) liability includin& but not limited to, continental and automobile public
liability insurance with hardly injury anal death limits of at leant $30RD00 for any axe person, S500,00) for any
one accident and property damage limit per accident of 5400.000. The Sella shall likewise require his
conansumers, Hany, to provide for such compensation and iourance. Before my of he Sellars or his com actors
employees shall do my work upon the premises of others, the Sella shall famish the Pualaserwish a certificate
slut such compensation mad insurance have been provided Such emifotes Shall specify the doe when such
compensation and insurance have been provided. Such certificates shall specify the dam when such compensation
and insurance expires. The Seller agrees That such compensation and inuramem shall be mainuined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the more responsibility and liability fro my end all damage, loss or injury ofany kind
at oture whatsoever an persons or property, named by or resulting from She execution ofthe work Frivoled for to
this pmrc order Or in mnoctior herewith. The Sella will indemnify and hold hafnless the Purchaser and my
or all of She Purchasers ORcers, agents and employees from sal against my and all claims, losses, damages,
charges or expenses, whether direct or idifect, not vahether to persons of property to which the Purchaser may
h put or subjmt by feamn of any act, action, neglect, omissim or default m the pan of no Seller, any of his
cUnmclors, or any of the Sellers or contractors oM., ageats m employees. In case my suit or other
procedings shall be brought against She Purchaser, or its oRcas, agmu or employees m my time on account of
by realm of any act azam neglta, omission in default of the Sella of my of his contractors or my of in or
their officers, agents or employees as of said, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers ova expense, to Pay any and all its, charges, attorneys fees and riser experrif.
my and all judgments that may be incurred by or obtained against the Purchasff or my of its or their ofcer,
agents or employers in such suits or office proceedings, ad in case judgment or ofor lien h placed upon Or
obuiud against the property office Purchasff, Or said parties in in as a result of such Suits or other proaredings,
the Sella will at once =use the same to be, dissolved and dischmgd by giving bond or nferwiu. The Sella and
his cpnmaors shall eke all safety precautions, furnish and insist] all grad necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety indudm& but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmntthereto.
Revised 072014