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HomeMy WebLinkAbout481221 CONNECTICUT GENERAL LIFE INSURANCE - PURCHASE ORDER - 9120193PURCHASE ORDER PO Number Page City Of 9120193 ' of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 481221 CONNECTICUT GENERAL LIFE INSURANCE 5476 COLLECTIONS CENTER DR CHICAGO Illinois 60693-0547 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/10/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price 1 CIGNA Admin Services Fees 1 LOT LS 190,000.00 4 Months (Est. Runout Fees) Administrative Services Only (ASO) for both CORE and ADVANTAGE Medical Insurance Benefit Plans. Terms 8 Conditions per Services Agreement for City of Fort Collins RFP # P-985. Total $190,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By stanutc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. 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 you for credit and am not to he replaced wept upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Fai lure of the Purchaser to insist upon strict performance of the tams and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by late, failure to Promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sellerof any of the warranties or obligations of this purchase order and shall not be deemed 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 at accepted, as to any prior or subsequent default hereunder, nor shall any perfected real 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 pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall 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 hereafter Freight Terms. Shipments must be F.O.B.. City of Fen Collins, 700 Wood St.. For Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. I(prnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pnrchascr parsnant to this purchase ende, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manutaeturers have distributing points in various parts 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 fmm the marmst 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 unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be pdfommd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits Seller shall presence at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political ntlxlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction mar the work of vendor. Seller further agrees to hold the City of Fart Collins harmless firm and against ell liability and loss incurred by them by reason of an asserts] or established violation of any such laws, regulations, onlinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fad, 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 forth and any mpplcmenmry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dilfcrent teens and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Dclivm 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 ofparial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 foreseeable which arc beyond its reasonable control and without its fault nfnegligda e, such acts oFG d, acts ofrivil or military authorities, governmental priorities, rims, strikes. Bond, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of deliver shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confi mr 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 nature. The Seller agrees to hold the purchaser harmless four any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or mnkc good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the were; of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not eonstimte a waiver ofany claim under this amenity. 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 warranties or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchased may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchucr 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 wrincn change onler. If any such change of acts the com not due or the time of pMormance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by wrincn change order. terminate this agreement as to any or all portions of the goods then not shipped, subject be 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 efface goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to any goods which are the Scllcrs standard stock. No such mrminntion shall relieve the Purchnscr or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ridded. R. COMPLIANCE WITH LAW. The Seller warrens 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 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 he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffmd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrincn consent of the other party. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser forall equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, mscreali ms. security interest encumbrances and claims of others. The Seller shall mlczse the Purchnscr and its contractors of any 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. ollicers and employees of such piny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchnscr. 14. PATENTS. Armen cver 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 harmles 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 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 persecution or a0cr the completion of the wart. 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 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 becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insulvcnt or bankrupt, make in assignment for the benefit of dediters, appoint a receiver or trustec for any of the Sd lers property or business, this order may frnhwi th be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The dcrinitinns ofterms used or the interpretation ofthe agec nent and the rights Troll panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcscntative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work of Sellces own risk until the some is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sclle/s no expense and to the satisfaction of the Purchaser. When materials and equipment am fitmishcd by others for installation or decline by the Scllcr, the Scllcr shall receive, unload, stem and handle some at the site and become respensible therefor as though such materials and/err 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 disezw 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 limier ofat least S300.000 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 contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall furnish 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 eenifueztes 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 assumes the entire responsibility and liability for any and all damage. Inns or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indennify and hold homeless the Purchaser and any or all of the Purchasers offices, agents and employees from and ngainst 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 Scllcrs or con", dors olFacrs, 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 is 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, annmcys 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 ease judgment or other lien be placed upon or obtained against the property of the Pumhascr, or mid panics in or as a result of such suits or other proceedings. the Seller mill 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, fumish 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 talcs and regulations issued pursuant thcrdo. Revised 03/2010