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HomeMy WebLinkAbout130682 FIRE & POLICE PENSION ASSN - PURCHASE ORDER - 9120139PURCHASE ORDER PO Number Page City Of 9120139 1 of z ' `t Collins oll I ns This number must appear ` �7 on all invoices, packing slips and labels. Date: 01/0612012 Vendor: 130682 FIRE & POLICE PENSION ASSN 5290 DTC PKWY #100 GREENWOOD VILLAGE Colorado 80111-2721 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/06/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Death & Disability - PFA 1 LOT LS 170,000.00 Estimated 2012 Expenses for Death and Disability Plan - Poudre Fire Authority (PFA). Replaces 2011 Blanket PO# 9950217. Total $170,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-(Ad1587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Strum s 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 you for credit and arc not to be replaced except upon receipt of written instruction from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfmmtanee of the terms and conditions hereof. failure or delay to exercise any rights or rcmcdics pmvidcd herein or by law, failure to promptly notify the Seller in the event of o breach, the acceptance ofor payment for goods hereunder or approval offl a design, shall not release the Seller of any of the wmrantics or obligations of this purchasc order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercPfm 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 hereunder, nor shall any purported oml modification or rescission of this purchasc order by the Pumhascr 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 rcsult in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the part of the City of Tom Collins. However, it is to be understund that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pe ecdums, 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 Puehascr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Woad St., Fort Collins, CO 90522. unless acquired under fedeml 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 Purchnscr pursuant to this purchasc order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacnners 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 fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingneca to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means mailable to it and the Seller shall pay all costs associated with such work. Permits. Seller shall pmcum at sellers, 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 perforated, 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 arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temts and conditions stated herein set firth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfercnce. Any additional or different terms and conditions pmpmcd by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you eannnt make complete shipment to arrive no your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchasc 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 of any delay. the Puehaser shall have, in addifian to other legal and equitable mmedics, the option ofplacing this order elsewhere and holding the Seller liable fm damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc bcyand its reasonable control and without its fault of negligence. such act of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. need, epidemics. wars or riots provided that notice of ahc conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Scllcr 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. The Seller warrants that all goods, articles. materials and work covered by this order will conform with applicable dnevings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed 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 from any Inns, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers beach of scare nay. 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 Prouty applicable warranty provided by the Seller rfer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective wort: done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany 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 ofthe foregoing warranties or guarantees, but such liability shall in no event include loss Pfpmfits or Inns 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 terms. other than legal terms, including additions to or deletions form 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 ofporfo rmance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change order. wornintc 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 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 good which are the Sellers standard stock. No such termination shall relieve the Punhaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is entered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in srict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as cony 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 rcfercnce. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this enter, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller tenants 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 eneumbmnees and claims of others. The Seller shall release the Purchaser and its contractors of anv tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofecrs and employees ofsuch party. The Septa's contractual obligations, including w'arenry, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perlmou d by the Purchnscr. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Sellershall indemnify and save harmless the Purchaser from any and all claims for infringement by reason ofthe 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 ofsuch infringement at any time during the proseentim or arc, the completion of the work. In case said 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 m 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 same with substantially equal but noninfringing equipment, or modify it so it bmumcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for anv of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpremtion of the agreement and the rights of all panics hereunder shall be construed under rod governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcscntative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the ware 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 accepance, complete the work at Scllcrs own expense and to the satisfaction of the Pumhaser. When mateinls and equipment arc 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. IS. INSURANCE. The Seller shall, at his own expense. provide for the payment of unrkers compensation, including Occupational disease benefits, to it employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the lags 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 menace with bodily injury and deep limits of at least S30grN1U 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 eune.ctors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of mhcre, the Seller shall furnish the Purchaser with a certifirim that such compensation and insumucc have been provided. Such certificates shall specify the doe when such enmpensation and insurance have been pmvidcd. 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 essunms the train, responsibility and liability for any and all damage. Ins, or injury ofany kind or nature whatsoever to persons or pmpcny 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 ha ales the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims. Inc es. damages, charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser ntay 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 anv of the Sellers or contracors 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, anomcys 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 ofthe Purchnscr, or said panics in ores a result ofsuch suits or other pmccedingc. the Scllcr will as once cause the same to be dissolved and discharged by giving bond crothenvisc. 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 Odes and regulations issued pursuant thereto. Revised 03/2010