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HomeMy WebLinkAbout541002 VERIFIED VOLUNTEERS INC - PURCHASE ORDER - 9150669 (2)PO PURCHASE ORDER 915066er Page City of PURCHASE 97 50669 t of 2 Flirt Collins This number must appear �v`I ` V on all invoices, packing sli s and labels. Date: 01/29/2015 Vendor: 541002 Ship To: RISK MANAGEMENT DIVISION VERIFIED VOLUNTEERS INC CITY OF FORT COLLINS 113 S COLLEGE AVE 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524 FORT COLLINS CO 80524-4408 Delivery Date: 01/29/2015 Buyer: PAUL, GERRY 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 Ordered UOM Unit Price Extended Price Volunteer Background Checks 1 LOT LS 10,000.00 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.wnn 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 For, Collins is tirmpr I.. state and local loxes. Our Exemption Number is 11. NONWAIVER. 98-6t502. Fodeml Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the reckoner to insist upon strict performance of tin nature and conditions hereof, failure or delay m Intemal Re ma c, Dcnve, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies Provided herein or by law, failure to promptly notify me Seller in the event of a breach, the accepmnen ofor payment for goods berennder or approval ofee design, shall not release she Seller of Good Rejected. GOODS REJECTED due to failure m men specifications, either when shipped or due to defecw of any of the watmnties m obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retumd to you flu credit and arc not to be replaced except upon receipt of wrinrn purchaser to insist upon strict Performance htteofor any writs rights m ormadics as to any such goods. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned call modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the main Inspection. GOODS are subject o the City of Fort Collins inspection on arival. hereof. Final Acceptanm Receipt of the merchandise, services or equipment in response to Nis order can oesalt in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. anthmim l payment an the pan of dre City of Fiat Call.. However, it is to be understood Nat FINAL Seller and the Pu¢M1aser meognim that in actual aromatic practice, werchmgu resulting from countst ACCEPTANCE is dependent upon completion of all applicable rryrmd oblation procedures. violations are in fact home by the Panther . Theretofore, for good taus and in consideration for executing this purchase order, the Seller hereby assdgm I. me Purchaser any and all claims it may now have or herrefier Freight Terms. Shipments must be F.011, City of Fiat Collins, 700 Wood St., For, Collins, CO 80522, unless acquired under federal or state antlmrst laws for such overcharges relating m the pnrticular goods or services ofermw specified on this order. if parmission is given to prepay freight and charge se artakiy, the original freight purchased or acqui d by the Porteous, pursuant to this purchase orde, bill most accompany invoice. Additional charges for picking will not be accepted. 1ft PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.difONS. trams havedisvificar. potsinixion parts Sdpmetnirm m beagtedupon byme or dabdity Ifineal threats the Shcernemtadafter acountry,shipnnnlis damaged me from me ncatest distribution paint to desrinarion, and excess freight will be deduuted firm Invoice when th,c.Wheremrumni or rodbyada¢ a end the Seller, atal the Selley its irmeans or unwillingness m comply, the Pur it industrial shipments art made fmm greater distance. ship t the most ay all cony cause the wmk m be performed by the mast expeditious means available to it, and me Seller shall pay all may s casts associated with such work. Permits. Seller shall prwmrt at sellers sole cost all hare, permits, eenificary and lticals required all w applicable Iowa, regulations, o and rolesut thestun, municipality, or political where The Seller shall release the Purchaser its contractors of any tier from all liability and claims of any nature over the wmk requireda Lion over m su public authority having i the work is performed, or requised by any rater duly authority by wo resulting from the performance of such work. Too Cold all liability and loss of fuller agrees m hold City of Too Collin harmless from and all egaibt d o .cured by Ihem by rennin of an azsmed or established violation of any such laws, regulmiob, ardituvar, roles mounted the. This shall apply even es the event of fault of negligence of Ne party rtleazed and shall extend to the and requirements. o directors,som, o1Rcrn and employees of each perry. Authorization. All parties to this contract agree that he representti ives are, in fact, bona fide and possess full and complete authority In bind said parties. LIMITATION OF TERMS. This Purchase Order especially limits acceptance to foe terms and conditions surd herein set forth and any supplementary or additional terms and conditions command he.em or incorporated herein by reference. Any additional or diRcarm terms and conditions proposed by seller art objected to anal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive oa yam promised delivery date as noted. Time is of the essence. Delivery and parr rmance most be effected within the time stated on the purchow order and the documents attached human, No mu of the Purchasers including, without limitation, acceptance mpartial tan delireries, shall operate as a woven of this provision. in the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this other elsewhere and holding the Sella liable for homages. However, the Seller shall not be liable for damages or a reauh of delays due so causes not reasonably frresaable which are beyond its reasonable control all without its built ofnegligmce, such acts ofGod, sets ofeivil or military authorities, nommmennl mother, Oros, strikes, flood, epidemics, wars or rims provided that entice of the cundi icu s causing such delay is given to the Purchaser within five (5) days of the time wfim the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pctiod equal to the time actually lost by reawn of rs all ).WARRANTY. The Seller warrants that all goods, articles, materials and work coveted by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fit for the purposes mounted, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold me purchaser hmmless from any loss, damage or expense which the Purdmser may suffer or incur on mecum of foe Sellers breach of wasmnry. The Seller shall raiders, repair or make good, without cost to me pumkiscq any defects or fauhs moving within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable lout provided by she Salle, a0er the data of acceptance of the good firmishd hereunder (acceptance not to be umcasmrably delayed), resulting form imperfect or didneuve work done or materials furnished by me Seller. Accordance or be of goods by me interior, shall not constitute a waiver of any claim under this waramy. Except as otherwise provided in this purchase order, the Sellers liability hereunder skill extend to all damages proximately used by the breach of any of he foregoing warardes or grammes, but such liability shall in no event include loss of profits or lass 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 tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms ether than legal temu, including additions to or deletions from the quantities originally ordered in the spe,ifncmiom or drawings, by verbal or wrinrn change meet If my such charge alTecs fc amaum due or she time ofpcifomuna bereamder, an equitable edjustmens shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change wide, momm n mil agrergoad as to any or all progress of me goods then not shipped, subject to any emiuble adjustment between the parties in to any work or materials then in progress provided that the Pmchmer shall not be liable for any claims f r anticipated profits on the uncompleted portion ofthe goods and/or work. for incidenul or consequential damages, and fm no such adjustment ke made in favor ofine Seller with restxecuo any goods which are the Sellers standard stack. No such termination shall relieve the Pumluner or the Seller army of their obligations as to any good delivered bereunder. T. CLAIMS FOR ADRJSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date me change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller amounts that all good said hereunder shill have been pmdad, sold, delivered and ftudsbd in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute eel deliver such daumenas as may be railroad N effect or evidence compliance. All laws and regulations required to be ncorpomted in agreements of this character are hereby Incoryomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser M1.mmless fmm all cards and damages suffered by the Purchaser az is result of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tr .far, m eomvey met order, ar any mania due or so become due hcscunder witlmut me prior weiRen contend of me other potty. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Penholder for all equipment, materials, and items famished in performance of this agreement, fore and clear of any and all litre, restrictions, reservations, security interest eacumbtances and claims afofees. The Seller's contrucmal obligations, including warranty, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. is. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, measured in process in connection with the contract and shall indemnify the Purchaser flu any ..at, expense or damage which it may be obliged to pay by reason truth infringement at any into during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended um of the goods, is in such suit held to constitute inGngemem and the use of said ty.i,—nl or pan is mjomed, the Seller shall, at its own amentt and at iu option, eifcr procure for me Pomkiser foe right in c.m. using said equipment or parts, replan the same with integamially equal bar rnninfringing equipment, or modify it as it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, official a receive, n trustee i for any of fc Sellers property or business, this order may forthwith be canceled by foe Puahascr without liabiliry. 16. GOVERNING LAW. The definition ofit. mid or the interpretation of the agreement and the rights of all parries hereunder shall be commed under and governed by the laws ofine State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including me services of Sellers Represenntiva(s), on me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is Rally completed and accepted, and shall, in as of any accident, destruction or injury to the work and/or materials before Sellers f 1 completion all acceptance, complete the work at Sellers own expenses end to the satisfaction of the Farmhouses. When matends and equipment arc fumishd by others for usurpations s or ruction by the Seller, the Seller shall receive, unload, slum and handle more at the site and become responsible therefor as mougM1 such materials author caulpmmt were being fumishd by the Sella under me order. I B. INSURANCE. The Seller shall, at his awn expese, provide for the Programs -Two&— wmpabalion, including acupatimal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with me laws of the state in which the work is to be done. The Seller shall also carry comprchensive general liability including, but not limited an, contractual and automobile public liability insurance with bodily injury and death limits trial least S300,000 for my one Person, $500,000 for any one accident and property damage limit per accident of Sa00,000. The Sella shall likewise require his ontmcmrs, if any, to provide for well compensation and ibumne. Before any of the Sellers or his contractors employees shall do any work upon the premises of ofrrs, she Seller shag Ramish the Pmebazm with a c un ifcarc that such compensation and insurance have been provided. Such ecrafficates skill specify the date when such compensation and insurance have been provided. Such aerti0cams shall specify the des,a when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the mlire work is completed and as@rod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller beat... me attire responsibility and liability for any star all damage, loss ar injury afery kind or vNre whakoever to persob or property caused by or resulting final the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemuify and hold hammless the Purchaser and any r all of the Purchasers officers, agents and employes from and against any and all claims, losses, damages, charges or exprnses, whether direct or indirect, and whether to persons or property m which me Purchaser may Else put or subject by reason of any m, action, neglect, omission of default on the pan of foe Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employes. In case any suit or afar pracealirgs shall be brought agaist me Putebazer, or its efttrs, agents ar employees at any time on acoune or by ream of my eel, action, neglect, omission or default of the Seller of any of his commenters ar any of its or their officers, agents or employees az aforesaid, she Seller brambly agrees to assume the defense mcteaf and N defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys 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 procedings, and in case judgment or other lira be placed upon or obtained against dhc property ofine Purchases, or said panic in or as a result ofsech suits or other praedlugs, the Seller will at once view the same to be dissolved and discharged by giving bond or otherwise. The Seller and his covmaenrs shall fake all safety, praautims, fmuh and ibnll all guards naeawy for the prevention of accidents, comply with ell laws and regulatims with mgard to safety including, but without limimtim, me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant theMo. Reversed O7/2014