HomeMy WebLinkAbout426136 MES ROCKY MOUNTAINS - PURCHASE ORDER - 9957530Date: 12/17/2009
City of
FF6-rt Collins
Page Number: 1
❑PlivAry ❑afP_' 1/112n10
Purchase Order Number: 9957530
Buver: BONNETTE_ ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: PER QUOTE DATED 12/9/09 FROM BECKY GLASSON
PLEASE SHIP TO ATTN: TIM ENGLAND; CONTACT #(970)221-6574.
(QTY 4) #AP3140208200202 NXGN7 AIRPAK @ $4169.00 = $16,676.00
(QTY 8) #200129-01 CARBON CYL & VALVE ASSY @ $925.00 = $7400.00
TOTAL $24,076.00, FRT PREPAID
Line Qty/Units Description Extended Price
1 1 LOT
SCBA equipment
for Reserve Engine
City of Fort CgWinf Director of Purchasing and Risk Management
This order is 0QValid over $5000 unless signed by James B. O'Neill II, CPPO
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
24,076.00
Total $24,076.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of avritten
instructions finom the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on orriva
Final Acceptance. Receipt oft lie merchandise, services or equipment in response to this order can result in anthoI ind
payment on the part of the City of Fort Collins. However, it is to be undei:stood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Foil Collins. 700 Wood St., Fort Collins. CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is expected
four the nearest distribution point to destination, and excess freight will be deducted hour Invoice when shipnenis arc
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules of the state, municipality, teritoryor political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of-i'dor.
Seller further agrees to hold the City of Fort Collins hairless from:uid against all liability and loss incurred bythenn by
reason of an asserted or established violation of any such laws, regulations. ordinances. rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said patties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein
set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference.
Any additional or different tenru and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is ofthe essence. Delivery and performance must be effected within the tittle
stated on the purchase order and the documents attached hereto. No acts tit' the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. III 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 it result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its font ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires, strikes. Flood, epidemics. wars or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe tittle
when the Seller first received knowledge thereof. In the event ofanysuch delay. the date ofdelivery shall be extencied
for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller warvnts that all goods, articles, materials and work covered by this order will contono with applicable
drawings, specifications, samples and/or other descriptions given, will be tit for the purposes intended. and perfrnncd
with the highest degree of care and competence in accordance with accepted standards for work ofa similar nature.
The Seller agrees to hold the purchaser hairless front any loss. daniage or expense which the Purchaser may suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by
law or by the terms of any applicable warranty provided by the Seller after the due of acceptance of the goods
furnished hereunder (acceptance not to be mu'easonably delayed), resulting from imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute n waiver ofany
claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability her shall
extend to all damages proximately caused by the breach of any of the foregoing warrant ies 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 tiny make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal tents. including additions to art deletions front the
quantities originally ordered in the specifications or drawings, by verbal or written change order. I f any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the parties as rurally work or materials then in progress
provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomipleted portion oflhc
goods and/or work, for incidental or consequential damages, and that no such adjustment henode in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Piuchnser or the
Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance•. All laws ❑Lid regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. 'file Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as it result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement[ constitutes it "sole some government contact" within the nictwioe of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"). then the provisions of Section I S of Aiticle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor) or any other person who is it
"contract holder" as defined in Section 2(4.5) ofArticle XXVIII intentionally violates Section 15 or Section 17(2) ml'
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold Lilly sole source governncur contract. or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, orally monies due or to become clue hereunder Without the
prior written consent ofthe other party.
10. TITLE.
The Seller wannnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in
per fnairanee of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NON'WAIVER.
Fuilnre of the I'urchaser to insist upon strict p0loollaice of the terns and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or bylaw. failure to promptly notify, the Seller in the event ofa breach,
the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller ofany ofthe
warranties or obligations oft his purchase order and shall not be deemed a waiver ofany right ofthe purchaser to insist
Ilion strict perfinninure hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted. as to any prior ur subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any ofthe ternis hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting firm antitrust violations are
in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws fix such overcharges relating 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 directs the Seller to collect nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchasermay,
cause the work to be per finnred by the most expeditious means available to it. and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany nature resulting
from the per fonnarne of such work.
Phis release shall apply even in the event of fault of negligence ofthe patty released and shall extend to the directors,
officers and employees ofsuch party.
The Seller's contractual obligations, including w:uranty, shall not be deemed to be reduced, in any way, because such
work is per or caused to be per by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or
copyright, the Seller shall incienarify and save harmless the Purchaser from any and :ill cl,,iinu for inti'ingement by reason
afthe use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser for any cost. expense or dnuage which it may be obliged to pay by reason of such infr ingenient at any time
during the prosecution or afier the completion of the work. III case said equipment, or any part thereof or the intended
use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipmem or pans. replace the same with substantially equal but non-infinging equipment, or modify it so it becomes
Lion-iufi inging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit ofcreditois, appoint a receiveroi
trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
la GOVERNING LAW.
The definitions of tents used or the interpretation of the agreement and the rights of all parties hereunder shall be
consuved under and governed by the kovs of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall call on said %conk at Seller's own risk until the same is fully completed and accepted, and shall, in case
ofany accident. destruction or injury to the work and/or materials before Seller's final completion and acceptnnce,
complete the work at Seller's own expense and to thesatisfactiou ofthe Purchaser. When materials and equipment arc
furnished by others for installation or erection by the Seller, the Seller shall receive unload, store and handle same at
the site and become responsible the, efcx as though such materials and/or equipment were being furnished bythe Seller
under the order.
18. INSURANC'.E.
l'Iw Seller shall, art his own expense. provide forthe payment of workers compensation, indud'uig occupational 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 the laws ofthe sane in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least $300,000 for any one person. $500.000 for any one accident and property
damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide fin such
compensation and insurance. Bettor c any of the Sellers or his contractors employees shall do any work upon the
premises ofor hers, the Seller shall furnish the Purclmser with it certificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such conrpensat ion and insurance have been provided.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
connpcnsation and insurance shall be maintained until after the entire work is completed Land accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibilityand liability for any and all damage, loss or injury ofany kind or
nature whatsoever to persons or property caused by or resulting finer the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold hanaless the Purchaser mid anyor all of
the I'mchasers officers, agents and employees from and against any and all claims, losses, damages, charges or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser stay be put or subject
by reason of my act, action, neglect. omission or default on the part ofthe Seller, any of his contractors, or any ofthe
Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser, or its officers. agents or employees at any time on account or by reason ofany act, action, neglect, omission
or default of rile Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the
Seller h cl,,v rgrecs to assume the defense thereofand to defend the same at the Sellers own expense, to payany and
all costs, chages. attorneys lees and other expenses. :my and alljudgmrents that maybe incurred by orobtainedagainst
the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case
judgmcrn or other lien be placed upon or obtained against the propertyof the Purchaser, orsaid patties in oras a tesult
ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond
or otherwise The Seller and his contractors shall take all safety precauions, furnish and install all guards necessary for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009