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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9117552PURCHASE ORDER PO Number Page City Of9117552 1 of 2 Collins This number must appear Flirt C ,�—,J`-' ` on all invoices, packing slips and labels. Date: 12/21/2011 Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER Colorado 80223 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 12/21/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Bunker gear 1 LOT LS 8,670.00 Recruits Total $8,670.00 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 Conditions Page 2 of 2 I. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 9R-04502. Federal Excise Tax Exemption Certificate of Registry U-MM597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the even of n breach, the acceptance oforpayment for goods hereunder or approval ofthc design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this pumhasc order and shall not be deemed a waiver of any right of the damage in transit, may be miumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance heroofor any of its rights or remedies as to any such goods, regardless instructions, from the City effort Collins. of when shipped, received or 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 of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 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 pan of the City of Fort Collins, However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdums. violations are in fact home by the Purchaser. Theminfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fort Colliac 700 Wood St.. Fort Collins. CO 90522. unless acquired under federal Or .state antitrust Imes for .such overcharges relating to the particular goods or services otherwise .specified era this Order. If permission is given to pmpay freight and charge separately, the original freight purchased or acquired by the Pumhaser pursuant to this purchase Order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacftt= have distributing points in various parts of the country, shipment is Ifthc Purchaser directs the Seller to eomcn nonconforming Or defective goods by a date to be agreed upon by the expected from the nc, rest distribution point to destimition, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller themnfter indicates its inability m unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the wort: to be Performed by the most cxpeditioux means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole east all necessary permits. certificates and licenses required by all applicable laays, regulations, ordinances and rules of the state. municiplay, 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 Fan 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, mles and requirement . Authorization. All panics to this contract agree that the mpmsentntives arc, in fan. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teens and conditions stated herein set furth cad any supplemenmry 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 complete shipment to arrive an your premised delivery date as rated. Time is ofthe 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 ofpmial late deliveries, shall operate as a waiver ofthis provision. In the event ofany 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 result of delays due to causes not reasonably famweable which arc beyond its rawmablc control and without its fault ofnegligcnce. such acts of God, acts of civil or military authorities. governmental primitics, fims, strikes, flood, epidemics, wars 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 mmived 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 ofthc delay. i. WARRANTY, The Seller ..at, that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar naturc. The Sella agrees to hold the purchaser hamilcm fmm any lost damage or expense which the Pumhaser may suffer or incur on account of the Sellers breach Of oanam y. The Seller shall replace, repair Or make good, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may he prescribed by law or by the means of any applicable aarrenty, provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he mucasermbly delayed), msulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goods by the Purchaser shall not constitute a waiver Ofany claim under this warranty, Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing %anantics or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhaser may make changes to legal tents by Mitten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, the, than legal terms, including additions to Or delelimrc from the quantities originally ordered in the specifications or drawings, by verbal or written change offer. If any such change nftbcts the amount due or the time of peformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion Ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No Bach termination shall relieve the Purchaser ar 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. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said. delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be required to effect orcvidcnce compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this rcfcrcrim. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers libitum 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 Scller w rants full, clear and unrestricted title to the Purchaser for all equipment materials. and items famished in performance of this agreement, frce and clear of any and all lacers, restrictions, reservations, security interest encumbrances cad claims of others. The Seller shall release the Pumhaser and its cantraetnrs of any tier from all liability and claims of any nature molting from the performance ofwch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimcturs, oRects and employees of such party. the Seller's contractual obligations, including warranty, shall not he 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, de, ice, material or process covered by latter, patent, trademark or copyright, the Seller shall indemnify and save harnilcss the Purchaser from any and all claims for in friagemcat by reason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In case mid equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its can expense and at its option, either procure for the Purchaser the right to continue using said equipment Or pans, replace the same with substantially equal but no unfringing equipment, or modify it sit it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an as, gnment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constnted under and govcmcd by the Incas of the State of Colorado USA. The following Additional Conditions apply only in cases where the Seller is to perfume work hereunder, including the services of Sellcrs Representative(s). on the premises Ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said nark at Seller's mvn risk until the came is fully completed and accepted, and shall, in caw of any accident. destruction or injury to the work and/or materials before Sellars final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and becorne responsible therefor as though such materials atMlor equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense. pmvide 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 Imes of the state in which the work is to he 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 5300,000 for any one parson. S500.000 for any One accident and property damage limit per accident of S400,000. The Seller shall lilo,wise 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 Purehavc-Oith 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 ecrtificates shall specify the date when such bompcasa Lion and insurance expires. The Scller agrees that such compensation and insurance shall he maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the cntim r..Feasibility and liability for any and all damage, loss or injury aftey kind or nature whatsoever to persons or primary caused by Or resulting fmm the execution of the work provided for in this purchase order or in connection Items, ith. The Seller will indemnify and hold heartless 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 Purchnscr may be put or subject by meson of any act. action, neglect omission Or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors olTcem. agents or employees. In caw any suit Or other proceedings shall be brought against the Purchi sr, 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 inctnrcd 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 pmpeny of the Purehawr, or said parties in or as a result of such suits or other procceding<. the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contrarian, shall take all safcry prcenutions, furnish and install all guards necessary for the prcs'cntion of ,accidents, comply with all lams and regulations with regard to safety including, but without limitation, the Occupational Sufety and Health Act Of 1970 and all mlcs and regulations issued pursuant therm. Revised 03/2010