HomeMy WebLinkAbout465681 LIFE INSURANCE CO OF NORTH AMERICA - PURCHASE ORDER - 9957543Date: 12/17/2009
City of
/,fit Collins
Page Number: 1
Purchase Order Number: 9957543
Delivery Date: 12/17/2009 Buyer: CAREY, DAVID
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
Basic & Voluntary AD&D Policy
Binder Amount
for Policy # OK 964764.
Binder amount will be applied to first month's premium.
Per line 2 of Binder Check Invoice.
Coverage provider selected per City of Fort Collins RFP# 7053.
2 1 LOT
Group LTD Policy
Binder Amount
for Policy # LK 962251.
Binder amount will be applied to first month's premium.
Per line 3 of Binder Check Invoice.
Coverage provider selected per City of Fort Collins RFP# 7053.
Invoice Address:
2,000.00
18.583.00
Date: 12/17/2009
City of
F6rt Collins
Page Number: 2
Purchase Order Number: 9957543
Delivery Date: 12/17/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
3 1 LOT 10,750.00
Group Term Life Insurance Plan
Binder Amount
for Policy # FLX 963106.
Binder amount will be applied to first month's premium.
Per line 1 of Binder Check Invoice.
Coverage provider selected per City of Fort Collins RFP# 7053.
Total
C)rn.".4, R- 0AUA �7—
City of Fort C in Director of Purchasing and Risk Management
This order is nqValid 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
$31,333.00
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 slue 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 1073, Chapter 39-26, 1 14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped ordue to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions fiom the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the pan of the City of Fort Collins. However, it is to be undcistood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522. unless
otherwise specified on this order. Ifpermission is given to prepay freight and ch:u'ge 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 pants ofthe country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are
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 ofthe state, municipality, ten nosy or political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless foul and against all liability and loss incurred by then. 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 ;re, in fact bona tide and possess fill and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditionsstated herein
set forth and any supplementary m additional terns and conditions annexed hereto or incorlxxtned herein by reference.
Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT inunediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance nwst be effected within the rinse
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpatial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the
Pu chmer 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 findamages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, tires, strikes, food, epidemics, wars or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof. Ill the event of any such delay, the date of delivery shall beextended
For the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and was covered by this us der will contintit with applicable
drawings, specifications, samples and/or other descriptions given, will be tit fin the purposes intended, and pet fonned
with the highest degree of care and competence in accordance with accepted standards tin work of a similar nature.
The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser may sutler or
incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the
purchaser, any defects or faults at within one ( I ) year or within such longer period of time as nay be prescribed by
law m by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably 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 a wniver of any
claim under this wan'anty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any of the foregoing warranties 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 tears by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions fionrthe
quantities originally ordered in the specifications or drawings, by verbal os written change Lister. If any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be male.
6. TERMINATIONS.
The Purchaser may at anytime by written change order, terminate this agreement as to a y or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the parties us ut any work or materials then in progress
provided that the Purchaser shall not be liable for any clains for anticipated profits on the unconq)Ieted portion of la
goods and/or work, for incidental m consequential damages, and that no such adjustment be made in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any 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 haws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees so
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 ofAnicle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract or
public employment with the state of Colorado or any of its political subdivisions, for three yeas.
9. ASSIGNMENT.
Neither partyshall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to die Purchaser fur all equipment, materials, and items famished in
perfn stance of this agrecnncut, flee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfonrence of the tennis and conditions hereof, fisilu-e or delay to
exercise :any rights or remedies provided herein m bylaw, failure to promptly notify the Seller in the event of a breach,
the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller ofany of the
warranties or obligations ofthis purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received ur accepted, as to any prior or 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 terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, ovetcharges resulting from antitrust violations ate
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 clains it may now have or hereafter acquired under federal or state
antitrust laws flu such overcharges relating to the particularr goods or services pa chased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller. and the Seller thereafter indicates its inabiliryor unwillingness to comply, the Purchasermay
cause the was to be performed 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 of any t ier from all liability and clains of any nature resulting
Bonn the performance of such work_
This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors,
olliccrs and employees of such party.
l he Seller's contractual obligations. including warnsty, shall not be Licensed to be reduced, in any way, because such
work is perfonned or caused to be performed 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 indemnify and save harmless the Purchaser font any and allclaims for infingement byremon
ofthe use of such patented design. device, material or process in connection with the contract, and shall indernify the
Purchaser for any cost, expense or damage which it nay be obliged to pay by reason of such infringement at any time
during the prosecution or after the completion of the work. In case said equipment, or any part thereofor the intended
use ofthe 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
equipment art pats. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
nun -infringing.
15. INSOLVENCY.
❑'the Seller shall become insolvent or b:unkrupt, nuke an assignment for the benefit ofeseditors. appoint a receiver n'
trustee for any ofthe Sellers property ur business, this order may forthwith be canceled by the Purchaser without
liability.
10. GOVERNING LAW.
The definitions of terns used m the interpretation ofthe agreement and the rights of all patties hereunder shall be
construed under and governed by the laws ofthe State of Colorado. USA.
'rise 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 canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, incase
of anv accident. destruction or injury to the work andlor materials before Seller's final completion and acceptance,
complete she work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are
flumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished bythe Seller
under the order.
18. INSURANCE.
The Seller shall, at his Linos expense, provide fins the payment ofworkers compensation, including occupationaldise.se
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 of the state in which the work is n) be done. The Seller shall also carry
comprehensive general liability includine. but not linsited to, contractual and autonwbile public liability insurance with
bodily injury and death limits of at least $300.000 fur any one person. S500A00 for any one accident and property
damage limit per accident of $400.000. 'file Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall du any work upon the
premises of others, the Seller shall furnish the Purchaser with a ceniticate tint such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation all,] insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST AC'CI DENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting front the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers, agents and employees front and against any and all clains, losses, damages, charges or
expenses. whether direct or indirect and whether to persons orproperty to which the Purchaser may Ix put or subject
by reason of any act, action, neglect, omission or default on the pat ofthe Seller, any ofhis contractors, oranyofthe
Sellers or contractors officers, agents m employees. In case any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents m employees at any tine on account or by reason of any act, action, neglect, omission
tar defauh of the Seller of any of his contactors or any of its or their offices s. agents or employees as aforesaid, the
Seller lereby agrees to assume the defense thereof and to defend the saute at the Sellers own expense, to pay any and
all costs. charges, attorneys fees and other expenses, any and alljudgments that may be inc un'ed by or obtained against
the Purchaser Lis any of its or their ofTrcers, agents m employees in such suits or other proceedings, and in case
judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result
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 precautions, finish and install all guards necessaryfor
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