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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9105603City of PURCHASE ORDER PO Number Page 9;105603 1bf2' FThis numberm 0 appear.. 'o C;ollins on all iJ.nvoices packing. sh sand. labels Date: 10/25/2010 Vendor: 426136 Ship To: TRAINING FACILITY, IVIES - ROCKY MOUNTAINS POUDRE FIRE AUTHORITY S 4081 ELIOT ST 3400 WEST VINE' ENGLEWOOD Colorado 80110 FORT COLLINS Colorado 80521 Delivery Date: 10/25/2010 Buyer ED BONNETTE Note: Per RFP #7134 Bunker Gear for Pou0e Fire Authority, awarded to Murncipal Emergency $ervices;;lnc` dba M E S -Rocky Mountains. Initial purchase made possible'by receipt ofthe'foll6Wing grant;award;;and are subject to.the'grant prowsionscontained herein Per Federal Emergency Ma.riagementAgency'(FEMA) and the"Departnent'of` Homeland Security (DHS) grant award #EMW-2009=F0 08876=under th& FY 2009 Assistance to�Firefightets Grant'to Poudre; Fire Authority Line Description Quantity UOM E Unit Price xtended . Ordered Price: Bunker Gear 1 LOT: :LS 5,1'56.00 s Bunker Gear 1 LOT LS 1.1.,324.00 Total 41- 15,480.00 c3. ois City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. 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 84-6000587 is registered with the Collector of Internal Revenue"Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, Il4 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retuii;d46,'you46i'credit'and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. ` Page 2 of 2 111 NONWAIVER - Failure of the Purchaser to insist upon strict performance of the'terms and c6nditto1s hereof, f lilure'or delay to exercise any rights or remedies provided herein of bylaw faihrre to promptly nohfy theSeller'in the'event of a breach, the acceptance of or payment for good i&cmder'o} approval of the design; shall not release the Seller of any of the warranties or obligations of this purchase order and shall: cot be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or retii'edies as to anysucbgoods, regardless of when shipped, received or accepted, as to any prior or subsequent default b`creundir Wcii shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Puthaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all appliwblc required inspection procedures. violations are in fad 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 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. 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." :tt Shipment Distance. Where manufacturers have. distributing points in "various parts of the 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'scllers'sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory 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 from and against all liability and loss incurred by them 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 au[,It - to bind said patties. ( `LIh4TPATION' OF TERMS. This PumhaselOH r expressly limits acceptance to the terms and conditions stated herein set forthand any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. ,. tl .i PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time} stated on the purchase order and the documents attached hereto. No acts of,the Purchasers including;,.without: limitation, acceptance of partial late deliveries, shall operate as a waiver of this ptovisionan 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 a, result of delays due to causes not reasonably foreseeable which arc beyond its reasonable controPend without its fault ofnegligrnce such acts of God, acts of civil or military authorities, governmental priorities; fires-strikes;'ftoodjepidemics wer'sor riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the. time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be' extended for the period equal to the time actually lost by reason of the delay. 3 WARRANTY... - - - - TheSeller warrants that all goods, amcles,�materials and work covered,by this order will conformlvrth applicable drawings ssp;cifications, samples aaiid/or othei Aescriptions given, will be fit for the purposes,,ihtended,.and perfortned'with'the highest degrce'of 6m and'coinpetence in'accordance with accepted standardsfor work' of e similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage -or,expense which the Purchaser'm iy suffer or incur on account of the Seller; breach of warranty. The Sellershall-mlilacefrepair 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 may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance nor to be unreasonably delayed), resulting from imperfect or defectivework done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 eventinclude 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the. amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress bmyided..that the Purchaser shall not beliable for any claims for anticipated profits on the uncompleted portion of the gourds -and/or work,-fm incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sellff 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 laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 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 liens, restrictions, reservations, security interest encumbrances and claims of others. acquired under federal or state antitrust laws for 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 correct 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 Purchaser may cause the work 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 tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser_ , 14. PATENTS. r. 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 from any and ell claims for infringement by reasonof theiuse ofsuch:paterited destgn;deyice'rmeterieP orprocessjin connection with the conhact,;and shall mderirmfy the Purchaser for any Bost expense or damage which it may be obliged to pay by mason of such infringement at any tre during the prosecution or after the completion of the wotki7n case said equipment, or any part;thereof or the intended nse.ot the goods„is m such suit held to: constitute infringement and the use of said equipment or partis rndoined; the Sdiershall, at its`own expense epdat its option, either procure for the Purchaser the.righftocontinue usiog`siiid.equipment or'perts� re`plecc`the'seme'with substantially equal but nonutfringing eguipment or modify, it so rt becomes noninfringing. come insolveni or banlrupt make -an assignment for the benefit of creditors, appoint a d aisy of the Sellers"property or -business, this ordeilti oitliwith be canceled by the 16; GOVERNING LAW. The definitions of terms used or the interpretation -of theagreement and the rights of ell parties hereunder shall be construed under and governed by the lai"Wthe S(atc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers llepresentative(s), on the premises of others. - 17. SELLERS RESPONSIBILITY. The Sellff shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are 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 therefor as though such materials and/or equipment were being f rtriished by the Sellff under the order. 18. INSURANCE. The Sellff shall, at his own expense, provide for the payment of workers compensation, including 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 of the state in which the work is to be done. The Seller shall also entry comprehensive general liability including, but not limited to, contractual andautomobilepublic liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The 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 do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that 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 and insurance shall be maintained until after the entire work is�completed and accepted. 19. PROTECTION AGAINST ACCIDENTS.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 from the execution of the work provided for in this purchase order or in connection herewith. The Sellff will indemnify and hold harmless the Purchaser and any or all of the Purchasers 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 may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the 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 of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to 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 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 of such 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, 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 issuedpursuant thereto. Revised 03/2010 - '