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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9120011PURCHASE ORDER PO Number Page City Of120011 1 of z ' `t CollinsI his number must appear 1 1 on all invoices, packing slips and labels. Date: 01/04/2012 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: 01/03/2012 Buyer: ED BONNETTE Note: PER RFP 7134 AWARD & CONTRACT. $1648.00/.95 = $1734.00/set is the 2011 price per Alicia Roth's formula. Per invoice #00282703 SNV dated 12/16/2011. Line Description Quantity UOM Unit Price Extended Ordered bunker gear - recruits 1 LOT LS 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 Total Invoice Address: $8,670.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Teens and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt farm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-N502.Federal Excise Tax Exemption Certificate of Registry 54-60f10587 is registered with the Collector of Failure of the Purchaser to insist npnn strict performance of the terms and conditions hereof, failure or dclov to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or rcmcdics pmvided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods h-rcander or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranlics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit may be returned to you far credit and am not to be replaced except upon receipt of w'ritirn purchaser to insist upon strict performance hereofor any of ils rights or rcmcdics as to any such goods. regardless instructions from the City of Too Collins. of when shipped, received or accepted, as to any prior or .subsequent default hereunder. nor shall any purported earl modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Icons Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival. hea of Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the pan 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 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 herea Rer Freight Terms. Shipments most be F.O.B., City of Fan Collins, 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 on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser 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 manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller therea0er indicates its inability ar unwillingness to comply, the PUrehaser .shipments arc made four greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cosh assmciatcd with such work. Permits. Seller shall procure at sellers sole crust 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 assumed or established violation of any such laws, regulations. ordinances, rules and rcquircmcnts. Authorization. All panics to this contras agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expresdy limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terns 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 premised delivery date as noted. Time is of the essence. Delivey and performance must he 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 oNmtc as a waive ofthis provision. In the event 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 n result of delays due to causes era reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities. fires. strikes, flood, epidemics, wars or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within Mc (5) days of the time when the Seller fart received knowledge thereof. In the event of any such delay, the date of delivery shall be extrnlcel for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other deseriptioaa given. Will be fit for the purposes intended, and perfammed with the highest decree of cam and competence in accordance With accepted standards for e,U k'of a similar nature. The Seller agrees to hold the purchaser harmless from any Inss, damage or expense which the Purchaser may suffer or incur on account of the Sellem breach of uartanry. The Seller shall replace, repair at 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 he inscribed by Iry or by the Icons fany 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 dcfcctiec work deny or materials famished 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 wumntics 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. C14ANGES 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 terns, other than legal term. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change nrdcr. If any such change affects the amount due or the time ofpcifomtanec 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 net shipped, subject to any equitable adjustment between the Panics as to any work or natcrials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmlds on the uncompleted 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 me 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 most be assumed Within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, 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 or evidence compliance. All laws and regulations required to be incurpnmted in agvecments 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 Purclu ser as a result ofthc Sellers failure to comply with such law. 9. ASSIGNMENT. lecithin many shall assign, transfer, or convey this nrdcr. or any monies due or to become due hereunder without the prior Written consent of the other party. 10. TITLE. The Seller ..arc full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions. resen:ations. security interest encumbmttecs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims afore nature resulting from the performance n(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 ofsuch parry. The Sellers contractor] obligations, including w'amanty, shall not be deemed to be reduced, in any wary, because such work is performed or caused to la, 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 and all claims for infringement by reason of the use of such patented design, devicc. 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 ofsach infringement at any time during the pmsccution or aficr the completion of the work. In 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 pro 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 or parts, replace the same with substantially equal but nonin(ringing equipment or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall bynomc insolvent or bankrupt make ra assignment 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 withoul liability. 16. GOVERNING LAW. The dcimilions of Jams used or the interpretation ofthe agreement and the rights nfall panics hemander shall be construed under and governed by the laws of the State ofCo]omdn, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcr Rcprescntanve(s). on the pmmiscs ofothem. 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 case of any accident destruction or injury to the work and/or materials before Scller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment an furnished by others for installation or creation 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 Scllcr under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of w'orkem compensation, including occupational disease benefits, to its employees employed on or in connection With the work crocred 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 badly injury and death limits of at least S306.0,[t0 for any one person, S500,000 for any one accident and property damage limit per accident of S400000. The Seller shall likewise require his contractors if any, to provide for such comprnsmien and insurance. Before any of the Scllcrs or his contractors employees shall do any Work Upon the pmmiscs of nhers, the Seller shall famish the Purchaser with a ocr ificato 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 ancr 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 personas or property caused by or resulting farm the execution ofthc work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any err all of the Purchasers officers, agents and catployces from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeoy to u hich the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents at employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employers 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 there'af and to defend the same at the Scllcrs 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 effects. 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, of said panics in or as a result of such suits or other proecedings, the Scllcr 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 imall all gtards necessary for the prcyention 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 03/2010