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HomeMy WebLinkAbout103150 COLORAD SELF INSURERS ASSN - PURCHASE ORDER - 9120040City OfPURCHASE ORDER PO Number Page ///��� 9120040 t of 2 t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 103150 COLORADO SELF INSURERS ASSN C/O VICTORIA MCCOLM CITY OF COLORADO SPRINGS PO BOX 1575-630 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price dues 1 LOT LS 350.00 Total $350.00 f3. O!le:fl-2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 stnte and local taxes. Our Exemption Number is 11 NONWAI VER, 99-04502. Federal Excise Tax Exemption Certificate of Regisav 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfcuramce of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). exercise any rights or remedies provided hcrcin or by law. failure to promptly notify the Seller in the treat of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Scllerof Goods Rejected. GOODS REJECTED due to failure to meet specifications either when shipped or disc to defects of anv of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be informed to you for credit and arc not to be replaced except upon receipt of wrincn purchaser to insist upon strict performance hereofor any ofits rights or remedies as to anv such goods, regardless insimetions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purponcd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of anv of the tames Inspection. GOODS are 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 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 front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. - vinknion, arc 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 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 90522. unless acquired under federal or state antibaut laws 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 must 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 parts of the country, shipment is Ifthe 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 from hooice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillinenecv to comply. the Purchaser shipments arc made furnt greater distance. 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. 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, 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 hamticss fmm 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 said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tome and conditions stated herein set forth and any supplementay or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different tomes and conditions purposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive tar your promised delivery dace as noted. Time is ofthe essence. Delivery and performance most 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 operate as a waiver ofthis prevision. In the event army delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics the option ofpincing this order ch cwhcrc 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 control and without its fault ofnegligcnce, such acts of God. acts of civil or military authorities. governmental priorities, fires. strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 ofthe delay. r. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confome with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfommd with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair of make good, without cost to the purchaser. anv defects or faults arising within one (I) 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 Scllcr aRer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this aarrdnty. 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 wartantics 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 Icgal terms by wrincn change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the burns. other than legal terms including additions to or deletions from the quantities originally ordemd in the specifications me dm-iags, by verbal or .critters change order. If any such change affects the amount due or the time ofperformance 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, object to any equitable adjustutont between the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits 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 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 four the date the change or termination is orderod. R. 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 are subject. The Seller shall execute and deliver such documents as maybe 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 fmm 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. 10. TITLE. The Seller warrant, full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 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 parry released and shall extend to the director, ofccis and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perfommd 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 hamdes the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the omtract. and shall indemnify the Purchaser for any cost, expense or damage which it rimy 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 thereof or the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or pan 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 some with substantially equal but anninfringing equipment or modify it so it becomes nnninGinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsiec for any of the Sellers property or business, this order may forthwith be canceled by the Porchascr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to performs work hereunder, including the services of Scllcrs 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 case of any accident destruction or injury to the work and/or materials before Sellers final completion and acecptis complete the work at Seller', own expense and to the satisfaction ofthe 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 become responsible therefor as though such materials and/or equipment were being famished by the Scllcr under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers coneprnsation, including occupational disease benetim 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 nt least S300,000 for any one perwn. 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 peavide 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 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 certifiwtcs shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mnintained 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 ofany 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 hamiless 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, whdhcr direct or indirect, and whether to persons or property to which the Purchaser may be tort or subject by reason of any act, action, neglect omission or default oa the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. in case any suit or other proceedings shall he brought against the Purchaser, or its rffcen. 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 in 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 offucers. agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property ofthe 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. furnish and install all guards necessary for the prevention of accidents, comply with ill Imes and regtations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all as and regulations issued pursuant thereto. Revised 03/2010