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Home My WebLink About426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9105604Cityof PURCHASE ORDER PO Number Page '05604-TI 6rtC tir%^ IThip #0mb#rmustappear "" on all invoices, packing sli s,and.labels:.. Date: 10/25/2010 Vendor: 426136 MES - ROCKY. MOUNTAINS 4081"S ELIOT ST ENGLEWOOD Colorado 80110 Ship To: TRAINING FACILITY POUDRE 1=IRE.AUTHORITY 3400 WEST -VINE FORT COLLINS Colorado 80521 Delivery Date: 10/25/2010 Buyer. ED BONNETTE Note: Per RFP #7134 Bunker Gea[ for Poudre Flre Authority, awarded to.Murncipal EmEergency Services; lnc dba M S -Rocky. Mountains: Initial.purchase made'possible.by receipt of the following grant'award,'anddre subjecbto the grant provisions`contamed herein , Per Federal`Emergency ManagemenfAgency. (FEMA) antl the Department of;:,, Home land Sec_ u ity (DHS) grant award #EM..-2009';FO 08876 under, the FY 2609 Assis tance to"FlrefigFters'Grant to Poudre Fire Authority Line Description Quantity, . UOM Unit Price Mended Ordered ..., • P Bunker gear LS_ 114, 700:00 2 Bunker gear 1 LOT LS 281676,00 Total $143 376.00 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 Condition Page 2 of 2 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-Eiicise Tax_ Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenve; Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (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 yod�for=credit and arc not to be replaced except upon receipt of written instructions fromthe City of Foii'Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER Failure of the Purchaser to insist upon strict performance of ihc;tcmu and conditions hereof, failure or delay to exercise any rights or remedies provided herein `or by law failme to promptly notify.thc ;Se]lcr in the'cvmt of a breach, the acceptance of or payment for goods hemiinthWi iippov'al of the design, shall not rcleasethe Seller of any of the warranties or obligations of this purchase order end shall not be darned a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights'or remedies,as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereutidcr; air 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 Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaset. Theretofore, for good cause and as'consideration for cxecutingthis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereeficr 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 isgiven to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will nut beaccepted.' Shipment Distance. Where manufacturers have distributing` points -in 'various parts of the country, shipment is expected from the nearest distribution point to destinations and excess'freight.willbe deducted from Invoice when shipments 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 mles 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 authority to bind saidparties'LIMITATION OF TERMS. This Purchaei bider''ezpressly limits acceptance to the terms and conditions stated hereinset -forth and 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. , PLEASE ADVISE PURCHASING AGENT immediately if you cannot make completc '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.mcluding without. limitation, acceptance of partial late deliveries, shall opemte as a waiver of this provision: In the iwe i'of any delay; the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as:a resultof delays , due to causes not reasonably foreseeable which etc beyond its reasonable control andwiithiiin its fault of neglgence ` such acts of God, acts of civil or military authorities, governmental prioritiesfir ,:•strikesrfiood, epidemics -�wers`or 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 tic extended for the period equal to the time actually lost by reason of the delay. 3 WARRANTY:-., .. r 7heSeller warmnt`s that all goods, articles materiels and work covered by this order will conform with applicable drawings; :spicifica6ons, samples and/or other` descriptions given,'will `be fit for tfie purposes'.;iotended, and perforrnedwith*thchighest degree -of care and-compctence in'eccordance with'accepted standards for work of a similar,natpre. The Seller agrees to hold the purchaser harmless from any loss, damage•_or. expense which the Purchaser may suffer or incur on account of the Sellers breach of warnmtrt . 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 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 furnished 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 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 pmfiis Or loss of use. NO IMPLIED _WARRANTY. OR MERCHANTABILITY OR OF FTfNESS FOR PURPOSE SHALL APPLY. 4. CHANGESTN 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 terms, 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. TERM NXii0NS. 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:! imbided that the Purchaser shall not be'liabI64or any claims for anticipated profits on the uncompicted portion of the goods and/or work, for 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 Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be assured 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 in 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 Purchaser 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. I0. 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 defeciivegoods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicame 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 Seller's contractual obligations, including warranty, shail,not_be deemed to be reduced, in any way, because such work is performed 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 from any end all claims for infringement by reason of the use of such -patented design; device matmal'or procm-.in'connection with the contract, and shall indemnify the Purchaser for any.cost expcnsebr damage which it may lie obliged,to pay by reason of such in ngement at any. time dunng the prosecution or. after the completion of4F'e work:.In case said equipment or any partthemof or.the,intended use:of the+goods„ism such suit held -.to, constitute infringement and the use of said-eqent or, partis, . en3omed the Sellersh'all, at11S own,expense and at its option, either procure for the uipm Purchaser the,nght to,+conbnue'usiiig satd equipment_m" -r'; replsce'theaamCwith substantially equal but of creditors, appoint a ith be canceled by the liability. 16. GOVERNING LAW. The definitions ofterms used of the interpretation ofthe agreement and the rights of all parties hereunder shal_lbc construed under and governed by the laws ofthe Siaie of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perforrn.work hereunder, including the services of Sellers Representative(s), on the premises of others. - 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to thework and/or materials before ScIlces 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 famished by the Seller under the order. 18. INSURANCE. - The Seller 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmcturs employees shall do any work upon the premises of others, the Seller shall famish 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 complctedand 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 Seller 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 of their offtccrs, agents or employees in such suits or other proceedings, and in use 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 Seiler and his contractors shall take all safety precautions, famish 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 HealthAci`of 1970 and all mles and regulations issued pursuant themto. ' Revised 03/2010