HomeMy WebLinkAbout255427 ROCKY MOUNTAIN EMPLOYERS FAMILY CARE - PURCHASE ORDER - 330043411 504)
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City of Port Collins
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Page Number: 1 of 1
City of Fort Collins
Date: 01/14/03
Purchase Order Number: 3300434
Delivery Date: 01/14/03 Buyer: U weiLL,er.mw
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT
2003 MEMBERSHIP DUES
Total
I
order is r"alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580
Phone: 970.221-6776 Fax: 970.221.6707 Email: info@ci.fort-collins.co.us
37,830.00
37,830.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
I. COMMERCIAL DETAILS.
Invoice Address. To mom p rupt Paymmt mall invoices in duplicate to,
City of Fort Collins Accounting Divisim
P.O. Box 580
Fort Collins, CO 80522
In exmVdms. By source the City Of Fort Collins is exempt from state and I" Ones, Our Exemption Number
in 98-0,1IM1 Federal Bxcise Ter Exemption Catifiretc of Registry 84-601581 is registered with fie Cut[. of
Internal Revenue, DmvM Colorado (Ref Colorado Revised Shares 1973, Chapter 39-26, 114 (a).
Guam Rejected GOODS REJECTED den to failure W mat specifications, either when shipped or due to define
of damage in transit, may be remove to Yen for credit and are not to be weeccd or upon mMim of women
inmmdm, firm the City aFort Collins
b-Plectron. GOODS are subja-t n the City of FortCollins inspection on arrival.
Final Ancemece. Receipt ofthe merchandise, services or MdFw t in response in rho mda can tad, in womened
Payment on the part of the City of Fort Collins. However, i, is on be a,,ww, that FINAL ACCEPTANCE is
dependent upon completion of WI applicable requited inspection procedures.
Freight Temps. Shipments must No F.O.B., City of Fort Collins, 700 Wood St., Fort Collie, CO 80522, =less
ahawiM epaifim on urn ender. Ifpemderim is given to prepay freight and charge separately, the origins) freight
bill mat nceanpeary invoice. AdNtione charm; for poking will am be accepted.
Shipment Damon" Where menufncturen have distributing points in vaions pan of the country, shipment is
expected ft= the neanat distribution point to de m ntim, and excess freight will be deduced from Invoice when
shipments are made from greater distance.
Permits. Sella shall Procute at Milan sole cost all necessary pemms, catifiraes and licensee required by all
applicable laws, regulation, ordinances and new of me same, armicipatty, writ, or pchfiml subdivision where
the work is performed, or required by my oNadt lY wostiatdpublie authority havingjunsdiction over she work
of vendor. Sella further agree to hold the City of Fort Collins harmless from and against all liability and loss
incurred by than by memo of an asserted or established violation of my such laws, regulations, ordinmces, mice
and requirements.
Authoriaton. All Pont. in Nis contract agree that the repremew,m we in fact, bona fide and Foams; full and
complete authority to bind said Fart;.
LIMITATION OF TERMS. This Porches Oda apeuly limits acceptance to the teen and conditions stated
herein as tomb and my supplearmtery m addifionalemu and conditions annex i hereto or incorporated herein by
reference. Any additional ce different Means and conditions proposed by all; are objectm to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASINGAGENT inn..costly ifyou annm make complete shipment, to arrive on your
pranced delivery data a, none. Time is ofthe assume. Delivery and perfomance most be effected widdn the time
stud on the purchase cedar and me docmrmh meshed haao. No acts of Ne Pocbacm including, without
"nalmon, acceptance of pmial late dcJiVMa, shall operate as a waiver of this pmvuion. In the event.fay delay,
the Porhaa shall have, o addition n mha legal and equitable remndim, the option of plating this order enewhom
and holding the Sella liable for damages. However, the Sella shall not be liable for damages an a.WI of delays
due to acmes not seasonably frresemble which as, beyond its reasonable control and withum in fault ofnegligmm,
each art of God urn of civil or military, authahies, govavmrnol Incomes, Era, stokes, Rood, epidemics, wars
or rims Provided that and= of the conditioen eauaing such delay is given to the Parchua within five (5) days ofthe
time when the Sella fire received knowledge thereof In the event of my such delay, me date of delivery shall be
a,mdcd for the penal equal In me time atonlly lot by maw of the delay.
3. WARRANTY.
The Sella warrants rim all gods, aticla materials and work covered by this order will conf with applicable
drawing, spaifiatione, sampler md/m o her descriptions give, will be fit for the Purposes intend.], and FMonnd
with the Mgh;M degree of cue and cons ence in woundmce with uceptd standards for work of a similar nature.
The Sella agrees to hold the Piachaer bemrNea from my Ions, damage or expense which Ne Pumhasa may suffer
or incur on swum of the Sell. reach ofw..ty, The Sella shall replace, repar or make good, wiNont cm to
me purchaser, any defe ne or faults arising Within one (1) year or width, such longer pMW of time as may be
prescribed by law or by the temp of my applicable warranty provided by the Seller after the date of meptora of
me goads furnished heretmda (a eeptMce not an be unreasonably &[,d), reeWti.g from imper foot or defective
work time or material; furnished by the Sella. Acceponm ne we of goods by me Purchaser shall not watimte a
ai on of any claim under mu waanty. Incept an otherwise provided in this purchase order, the Sellers liability
hanunder shall ;lend to WI dnmagen pwximmely caused by the bremh of my of the foregoing Mu mties or
guaavxes, but such liability ,hall in=even include lass ofprofits or Iona of uu. NO N7PLIED WARRANTY OR
MERCHANTABILITY OR OF FTTNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Parm— may make mmanges n legal tetra by wmaw change order.
5. CHANGES IN COMMERCIAL TERMS.
e Pmcbaer may make MY chonanges the tamother e, then legma
l tams, including additions to delmons from
fit quentifies originally ordered in the specificafi.ns or drawing, by verbal or written charge order. If my such
chang affects Nc enures[ due "I time of performance haemder, m equitable aJi., shall be made.
6. TERMINATIONS.
The Pu err may a my toe by written change order, temtinare this agreement a n my on WI pornme of the
goads than nor shipped, object 10 my Woitable ackesoment Mean me par ics on to MY work or mmcrian dim in
Progress Providd that me Pureho er shall we be liable for my In. In, andcipawlt profits on Ne Mcompleed
potion of the goods and/or work, for incidental ce wase pamod damages, and that no such adjustment be made in
favor of die Sailor with respect to my goods which we the Sellers standard mock No such endnation shall relieve
the Purcbaa or Nc Sella of ony of chair obligations a to on, goads delivered hereunder.
T. CLAIMS FOR ADHJSTMENT.
Any drum for adjuemnmt meet be ase shd within tiny (30) days from the data the change or emanation is wham.
S. COMPLIANCE WITH LAW.
The Seller wmanta this all goods sold hesemda shall have been pndwm, sold delivered and furnished in strict
compliance wish all applicable laws and regulations In which the goods art subject. The Sella shall execute and
deliver such dwumenw a may be no,hd to effect Or evidanw compliance. All laws and m uldoas required n
be incorporated in agreanena of this charm,; ere hereby inompumed horem by this refaeno. The Sella spas
to indemnify and hold the Porchaor hamlet from WI cox and damages suffered by me purchaser as a.Wt of
the Sellers failure to comply with W6law.
9. ASSIGNMENT.
Neither party shall anign, transfer, m cmvry, due Older, ne My monies due or to bee— due hereunder with.ut the
prior written consent ofine.Na party.
10. TITLE.
The Sella warrants full, clan and owasmchad We to the Puchaa for all ryWpwnt, wataies, and items f smiahm
in performance of this agreement, free and clear of my and WI liar, -$tried.., .notions, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tame and mnditosu hereof, failure m daisy to
exercise MY lights no remedies provided haven m by law, failure to promptly notify the Sella in the event of a
brash,themceptace of or Payment for goods brumnia or approval of the design, shall na m uethe Sella of
my of the warranties or obligations of this purchase order and shall not be demd a waiver of any right of the
purchaser to insist upon amct performance hacof or my of its rights ne raved; no ne My each good,, mgadl.
.fwhen shipped received or Mcepled, se to my prior or subsequent default hamuMa, nor shall my prepared! oral
modification or mmissim of this purchase order by the Purchaser operate as a waiver of my ofthe emits hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Pumhaor mwgiM that in Meal economic pacfice, ovemharga resulting from mtitmat violstiorn
are in face home by the Pu chssor. These eme, for good came and a wraidwmm for aavting this purchase what,
the Sella hereby assigns n the Purchase MY and all cletns it may how have or hem ft acquired Ind. federal ce
state antitrust laws for such overcharges missing In she particular goods or services purchased or acquired by the
Purchaser pursuant In this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Puresa a directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by Ne
Purchaser and Bee Seller, and the Seller drereafler indicate its inability ==willingness to comply. the Purchases
MY, cause me work to be performed by the mint expeditions mega available to it, and the Sella shall pay all emh
associated with such work.
The Sella shall mime the purchaser and its contrasms of my tia from all liability and claim of my nature
moulting from due performance of such work.
This release shall apply even in the event of fault of neghgma of the party released and shill exted to the d'uem ,
Officers and employees of such petty.
The Seller's common ebligdons, including warranty, shall nor be deemed to be reencd, in my way, beOuse such
work is perfonnd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever me Seller is required to use my desigq device, materiel or Process covered by leter, Front, trademark
or copyright, me Seller shall indemnify and save hard. the Purchaser from any and all claims for infnngemmt
by reason of the we of Much patented desip, device, material m process in contraction with the coronae, and shall
indemnify me Purchaser for my cost, cspeue ce Manage which it may be obliged to pay by oeaon of such
infringement at my time during the prosecution or after me completion of the work. In ease said equipment or my
part thereof or the intended use of the goods, is in such suit held to corefitte, infringement and the we of said
equipment on pm is mjoined, me Sella shall, at its own expense and at in opton, either procure for the purchaser
the right to Mariana wing said egutpnent or parts, replete the same with substantially equal but von -infringing
equipment or modify it so it becomes non-iafn'nging.
15. INSOLVENCY.
If me Sella shall becmne insolvent or bankmp, make an asegam ut for the benefit of mditws, appoint a menva
or truma for my ofthe Sellers property or business, this mda may fore wiN be eenaled by the Purchaser without
liability.
16. GOVERNING LAW.
The definieou of more used or me interpretation of the agreement and the rights of all parties hereunder shall be
com oodunder and governed by the laws of the Sam of Colorado, USA.
The following Additional Conditions apply only in cues whom Ne Sella i, to perform work henemder, including
due services of Sellew Re rommativele, on the pmmias of othm.
V. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own nark anti] 'be awe is fully completed and accepted, aW shell, in
case of any accident, d mwtim ce injury to the work and/or noterials before Sellers final completion and
mcclumme, complex the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and
equipment are, furnished by others for installmion on nation by the Sellm Nc Sella she] receive, mime, mom and
handle same at the site and become responsible therefor as though such matenals and/or equipment were being
furnished by me Sclla m lm Nc order.
18. INSURANCE.
The Sella shall, a his own asperse, Provide for the payment of workers wRmIpe1190[I=, including wcupational
disease benefits, to its employ= employed on or in w=mim with the work coved by this purchase order, ad/or
to their dependents in accordance with the laws of the sole in which the work is to be done. The Sella Ne also
tarty comprehensive Journal liability including, but nor limited tu, wromtml anM antommrle public liability
insurance with bodily injury and dash limin of at learn S3oo,000 for my m<pnaon, $500,000 fur my me accident
and property damage limit Per maiden[ of S400,000. The Sella shall likewiM mq ire his conuaaors, if my, to
provide for such compensation and insurance. Before my of the Sellers or his cmuacton employees ;ball do my
work upon the po ors, of others, the Seller shall furnish the Puchaa with a crrifiate Nat such co Trowetime and
insurance have been provided. Such mtificata shall specify Ne data when such cwllpens0fion and inurace have
been provided. Such certificates shall specify the date when such comperecatim and iamam expires. The Sella
agrees that such wmpenamon and imum me shall be maintained until after the entire work is camplatd and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sailer hereby usumee the mom responsibility and liability for my and WI damage, her or injury of my kind
or nature whanwver to pmons or property tamed by or m addog from the execution of the work provided] for in
this purchase ordar or in connection berewiN. The Sella will indemnify and hold harrnlas the Purchaser and my
or ell ofthe Pureham officers, agenn and employee from and aga m airy and all claims, Ewes, dauges, charges
or expanses, whether direct or indirect, and whether to permnr or property to which the Purchaa may be put or
subject by meson ofmy mt, zdm, neglect, omission or default on me pert.f it. Sella, my ofhn onswenws, 0,
my of the Sell= or corumtors officm, agenh.r employees. In case my suit or other p mdm s shell he brought
againm the Purchaser, or in ofificarn, agents In employees at my now on azcouvt Or by mason of my an, action,
ncglat, wnis ustor&met of the Sailor ofmy of his mntrMtas a my of in or their officers, agents re employees
at summand, me Seller hereby agars to assume the defeat thereof and to defend the ame at the Sellers own
expense, to pay my and WI sun, shag;, mmmrys face and other actuaries, my and all judgmeno the may be
incurred by Or obtained against die Purchases or MY ain a Neiroffum, agents ce employ. reach euln or new.
psoxamongs, and in case judgment or oNa lien be placed upon ar obtained againd me property of me Intent,
or said parties in no a a result of such ..in or omen proceeding, Ne Sella will a mum reuse the sox to be
disdved and dimhagd by giving bond or otherwise. The Sailor are his camtractwa shall take all safety P.6m,
furnish and install WI guards necessary for the prevention of eccida,s. comply aim all laws and regulations aim
regard n safety including, be without limitation, the Occopetimrd Safety and Health Act of 1WO and all rules and
,emlabons issued posumt mattn
Revised I In