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HomeMy WebLinkAbout465681 LIFE INSURANCFE CO OF NORTH AMERICA - PURCHASE ORDER - 9120195PURCHASE ORDER PO Number Page City of 9120195 ' of s ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 465681 LIFE INSURANCE CO OF NORTH AMERICA PO BOX 13701 PHILADELPHIA Pennsylvania 19101-3701 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 Extended Ordered Price I Group Term Life Blanket PO for 2012 Estimated Expenses for Group Term Life Policy # FLX 963106. Life Insurance Company of North America is a CIGNA company. Terms and Conditions per Agreement for City of Fort Collins RFP# 7053. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 1 LOT LS Total Invoice Address: 310,000.00 10.000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local macs. Our Exemption Number is I L NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6W597 is regincred with the Collector of Failure of the Purchaser to insist apnn strict pafomtance of the rums and conditions hemof failure nr delay to Internal Revenue, Denver, Catenate, (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spccifimtions, either when shipped or due to defects of any of the isamnties 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 for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any ofits rights or remedies as to any such good, regardless instructions form the City of Fen Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported rod modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the to. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhandixe, 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 understood 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 pmcalums. violations arc in fact borne by the Purchaser. Theretofore, for grad 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 hereaner 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 antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If fu mission is given to pr,puy freight and charge separately, the original freight purchased or acquired by the Purchaser porn omit 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 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 from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be Performed by the most expeditions means available to it, and the Seller shall pray 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 rates ofthe state, municipality, territory or political subdivision where the work is perfumed, 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, toles and requirements. Authorization. All panics to this contact agree that the representatives arc, in fact, bona fide sad posses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or ditfacat terms and conditions proposed by seller are objected round 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 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 of partial late deliveries, shall operate as a waiver of this 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 Seiler liable for damages. However, the Scller shalt not he liable for damages as a result of delays due to causes not namenably foreseeable which an beyond its reasonable control and without its fault of negligence, such acts of God, acts o(eivil 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 of the 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 of the delay. 3. WARRANTY, The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, rill he 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 fmm tiny loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of xzmnty. The Seller shall replace, rcpoir or make good. without cost to the purchaser, any defmts or faults arising within one (1) your or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamatics or guarantees, but such liability shall in no event include loss ofpmfits or loss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purehnser 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 written change on]er. If any such change affects the amount due or the time ofperfnmancc hereunder. an equitable adjustment shall he made. fi. 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, 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 galls 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 Parch., or the Seller ofany 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 mdcred. 8. COMPLIANCE WITH LAW. The Seiler warrants that all good sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such doouments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnser hamticss from all costs and damages suffered by the Pmrchaser 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. I T TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items Tarnished in perfomancc of this agreement. fore and clear of any and all liens, restrictions, reservations, security, interest encumbrances and claims of the.. The Seiler shall release the Purchaser and its contactors 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 party released and shall extend to the directors, officers and employees ofsuch party. The Sellers communist obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by totter. patent, trademark or copyright, the Seller shall indemnify and save hamticss the Purchaser from any and all claims for in fringenicnt 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 after the completion ofthe work. In ease 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 Purehascr the right to continue using slid equipment or parts, replace the same with substantially equal but noninfringing equipment, or mndify it so it beconms noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or hankmpq make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represcntalive(s), on the promises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Scllcrs own risk until the .same is Polly completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Sd1Ms final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by othcrs for installation or erection by the Seller, the Seller shall receive, unload, star, 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. 18. INSURANCE. The Seiler shall, at his own expense, provide 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 Inns of the state in which the wok 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 at ]cast S300.000 for any one person. S500.000 Ivor 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 contmctors employees shall do any work ,pan the premises of othcrs. the Scllcr 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 certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insuanca 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. loss or injury ofany kind or nature whutsocvcr to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all dnims. losses, damages, charges or expenses, whether direct or indirect. and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect. omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contactors officers, agents or employees In case any suit or other proceedings shall be brought against the Parchascr. or its officers, agents or employers at any time on account or by reason of any net, aeliotn, neglect, omission or default of the Seller of any of his contmctors or any of its or their otficers, agents or employees as nfosmsaid, 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 on their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lion be placed upon on obtained against the property of The 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 olhctwise. The Seller and his contractors shall take all mlety 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 rules and regulations issued pursuant thereto. Revised 03/2010