HomeMy WebLinkAbout110997 FARMERS TABLE - PURCHASE ORDER - 3215074Fort Collins
Date: 01/09/2015
Vendor: 110997
FARMERS TABLE
2140 WEST ELIZABETH ST
FORT COLLINS CO 80521
Delivery Date: 01/08/2015
PURCHASE ORDER
PO Number Page
3215074 10f2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 MEALS 1 LOT LS 500.00
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
I
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
It Order Terms and Conditions Page 2 of 2
1. COMMERCIALDEFAIM.
Tax exemp ram. By stamen the City of Fan Collins is exempt fmm affirm and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Ceelficom of Registry 84-6000587 is regineted with the Catheter of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to at specifications, either when shipped or due to defects of
damage in tmmi, maybe returned to you for credit and art not to be replaced except upon nampt of wring
instructions favor the City of Fan Collins.
Inspection. GOODS are subject to the City of Pont Collins inspection on arivd.
Fund Acceptance. Recelpr of the mcmhmdise, services a equipment in response Is, this order can rash in
eulhorircd payment on the pan of the City of Fan Collins. However, it is to be understood thin FINAL
ACCEPTANCE is dependent upon compleion i f all applicable raryired inspection pro edurcs.
Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. When manufacturers have distributing points in various pans of the country, shipment is
expected fmm the names, distribution paint an destination, and excess freight will be designed fmm Invoice when
shipments are made fmm greater dismme.
Permits. Seller shall procure at milers sole cost all nemmry permits, medicate and licenses required by all
applicable laws, regulations, ordinances and moles ofthe stale, municipality• monitory or political subdivision where
the work is performed, or am a bat by any other duly terminated public authority boviagjurisdiction over the work
orvendor. Seller feeder agrees to hold the City of Fan Collins harmless fmm end against all liability end loss
initiated by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss
and requirements.
Authoritarian. All Parties to this contmat agree that the repmunmtivas ate, in fact, bona Fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS, This Pmchue Older expressly limits mcep. he the terms and ambitious stated
herein set forth and any supplementary, or additional It. and conditions amexed harem a ircognmted herein by
refesene. Any additional or differal team and conditions proposed by caller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to snive oa your
promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
lnormlim, acceptance of pi nisi late deliveries, shall operate as a waiver of this provision. In the even, of coy delay,
the Purchaser shot] have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall gat be liable for damages ss a result of delays
due to anus at ..My frmseable which are beyond its reasonable confl and without its fault of regligeme.
such acts ofGW, was of civil or military authorities, governmental priorities,fares, strikes, Rood, ryidemia, wars or
riots provided that nonce of the cominimss musing such delay is given to the Parelon r within five (5) day, of We
time when the Seller first received knowledge thereat In the evem of any such delay, the date of delivery shall he
extended for the ponied equal m the time actually last by mason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, amides, mater ids and work covered by this order will conform with applicable
drawings, spwifimtions, samples and/or other deudptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar w am The Sella agree m hold the purchaser harmless from any loss, damage or axpense which the
Purchaser may suffer or incur on account of the Sellers breach of uggi nry. The Seller shall replace, repair or make
good, withour cost to the purchaser, any defecn or faults arising within one (1) year or within such longer period of
time as maybe pressxibed by law or by the Terms of my applicable warranty provided by the Sella after the date of
inccpmnce of the goods famished hereunder (mmplame rat to be ttmessomably delayed), vaulting form imperfat
or defective work done or materials famished by the Seller. Acceptance m use of good by the Purehava shall not
corrsaimte a waiver of my claim ender this wamnty. Except as otherwise provided in this purchase other, the Sellers
liability herewder shall extend to all damages pmximakly caused by the breach of any of the foregoing wamantica
or guamatees, but such liability shall in no event include loss of pmNs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any diagram to the terms, other than legal terms, including addition m or deletions fmm
the quantifies originally ordered in the specificatiotu or drawings, by vabal or winners change order. If my such
change affects the amount due or the time time ofperformwce hereunder, an arguable sdjusament shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
,.ads then not shipped, subject to any amiable adjustment belaymn the parties as to any work or materials then in
progress provided that the Prmhuer shot[ not be liable for any claims for anticipated prorits on the uncompleted
portion of the good mNor work, for incidental in comtyrential damages, and that no such adjustment be made in
favor of the Sella with aspect to any goods which are the Sellers standard stack. No such termination shall relieve
the Purcheur or the Sella army oft curabligatinm as to any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjmro meal most be acsmed within starry, (30) drys from the date the change or termination is
oNered.
8. COMPLIANCE WITH LAW,
The Seller wstmns that sell goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the goods we subject. The Seller shall execute and
deliver such documents is may be required to of ve or evidence compliance. All laws and regulations required to be
mvpomted in agreements of this character ere hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless farm all crew and damages suffered by the Purchaser six a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, transfer, or convey this order, or my mania due in m become due heremdcr without the
prior written consent argue other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in Performance of this agreement, free and clear of any and all lags, restrictions, reservations, security interest
ancumbrinces and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon snip performance of the terms and conditions hereaE failure or delay to
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 hereunder or approval of the design, shall not (lease the Seller of
any of the wammtiew or obligations of this purchase order and shall nat be deemed a waiver of any night of the
purchaser to insist upon inner performance hermfor any of its rights or must as to my such goods, regardless
of when shipped, received or accepted, as to any prior or sobscquent default hereunder, am shall any purported
oral modification or rescission of this parchase ardor by the Pushover operate as a waiver of any of the terms
hareot
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller most the Processor recognise that in actual macrame practice, overchmges resulting fmm mining,
violations art in fact home by the Purchuuer. Theretofare, far good cause and as mnsidetalion far ..It, this
purchase aides, the Seller hereby aligns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or suite antitmst laws for such overcharges misting 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 do. the Sella to ca met nonconforming or defective goods by a date m be agreed upon by the
Purchaser and the Sella, red the Sella thereafter indames its mobility or unwillingness in comply, the Purebaser
may enure the work to be peat ed by the most expeditious means available to it, and the Seller shall pay all
costs anumietd with such work.
The Seller shall release the Purchaser and its contractors of any tier from all ligniftY and claims of any wtum
resulting firm the performance fsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend m the
directors, oRcers and employees of such party.
The Sella's contmetwl obligations, including warranty, shall not be deemed to be redrced, in any way, because
such work is performed or mused to be performed by the Purchater.
14. PATENTS.
Whenever the Seller is national to tau any design, device, material or process covered by ]ane, paten, modest
or copyright. the Seller shall indemnify and save Formulas the Purchaser fmm any and all claims fen infringement
by reason of the use of such patented design, devic, material or process in connection with the contract, and
shall indemnify the Purchaser for any con, expense m damage which it may be obliged in pay by among of such
infringement in any time during the prosecution err after the completion of the work. In case said ryuipmen, or
any pan thereof or the intended use of the goods, is in such suit held as constitute infringement and the use of
said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either persons for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipmmr, or modify it am it becomes mninfdnging.
15. INSOLVENCY.
If the Sella shall become involves. m badmp, make on auignmere for the benefit of oreAians. appoint a
receiver or summit for any of the Sellers property or business, this order may forthwith be conceled by the
Purchaser without lobifar,
16. GOVERNING LAW.
The definitions oftetms used or the interpretation ofgue agreement and the rights are][ patches hereunder shall be
constmed under and governed by the laws ofthe Stare ofColomdo, USA.
The following Additional Conditions apply only in taus where the Seller is m Pa work heremda,
including the services of Sellers Repreunmrive(s), on the premises irmli rs.
IT. SELLERS RESPONSIBILITY.
The Sella shall entry on said wink at Sellch own risk until the tame 6 fully completed end xccpta rod shall,
in case of my acdden, destnaction or injury m the work mdtor meteriah before Seller's final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Franchises. When materials
and equipment are famished by others for installation or section by the Seller, the Sella shall receive, unload,
store and hurdle same at the site and become responsible therefor m though such materials anchor cquipmerd
were being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his oven expense, provide for the payment of workers compariumcm, including occupmioml
disease benefits, to its employeas employed on or in connection with the work coverts by this purchase order,
mdtor to thoir dependents in accordance with the laws of the state in which the work is to be date. The Sella
shall also carry comprehensive gnreml liability including, but rat limited to. contractual eM affoun ilea public
liability iruumuce with bodily injury and dmth limits of at least S30op00 for any am person, 5500,000 for my
one occident and property damage limit per accident of S400,000. The Sella shall likewise require his
mantmctors, if any, to provide for such compamarion and insurance. Bela my of the Sellers or his mountains
employees shall do any work upon the premiss of others, the Sella shall famish the patching with a certifigte
guat such compensation and insurance have been provided. Such cenificama shall specify the date what such
compensation and insurance have been provided. Such catificales shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is mmplaed must scramed.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes rare entire rapnagallay and liability for my and all damage, loss or injury crony kind
mlure whatsoever to persons m property mused by W esuif., fmm the.... of the work provided for in
this purchase major or in gmeaion herewith. The Seller will indemnify and hdd hmmless the Purchaser and my
r all of the Purchasers officers, agents end employees fmm and ignitor any and all claims, losses, damages,
charges or expanses, whether direct or iMirem, and whether to persons or property to which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account an
by reason of my art, action, neglect, omission or defmlt of the Seller of my of his contractors or any of its or
their oRcem, agents or employees in of mid, the Seller hereby agrees to marine the defense thereof and m
defend the tame at Be Sellers awn experce, to pay any aM all cogs, charges, anomeys fees and other expenses,
my and all judgraaenu flat may be incurred by m obtained against the Purchaser of any of is we their oRcers,
agents or employees in such most or office proceedings, and in case judgment in other lien he placed upon or
obtained against rye Library, of the Pumhsser, ar said pmies is or as is raunt ofsuch suits or other proceedings,
the Sella will at once eaue, the same to be dissolved and diuhorged bygm, bond or otherwise. The Sella and
his contractors shall rake all safety precautions, famish and install all guards necessary for the promotion of
incidents, comply with all laws and regulations with regaad m safety including, but without limitation, the
Occupational Safety and Beatth Act of 1970 and all rules wit regulations issued pursuant Hereto.
Revised 07/2014