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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9120300City of art Collins Date: 01119/2012 PURCHASE ORDER PO Number Page 9120300 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 426136 Ship To: TRAINING FACILITY MES - ROCKY MOUNTAINS POUDRE FIRE AUTHORITY 700 W MISSISSIPPI AVE BLDG E, UNIT 6 3400 WEST VINE DENVER Colorado 80223 FORT COLLINS Colorado 80521 Delivery Date: 01/19/2012 Buyer: ED BONNETTE Note: SHIP TO ATTN: TIM ENGLAND; ZIAMATIC CLIPS FOR SCBA'S. Line Description Quantity Ordered UOM Unit Price Extended Price Ziamatic brackets (SCBA) 1 LOT LS 18,036.00 Quote 00135189-3 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 $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternls and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By station, the City of Fort Collins ix exempt from state and local taxes. Our F_xemptinn Number is I L NONWAIVER. 9R- 502. Federal Excise Tax Exemption Certificate, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stricl Performance of the tans and conditions hemof, failure or dclav to I tactual Revenue, Denver. Colomdo (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 goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any 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 reamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomnnce herenfor any of its rights or remedies as tarry such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any porponed oral mash fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the Gems 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 pan of the City of Too 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 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 mnv now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fort Collins, MO Wood St_ Too Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the partieular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased oracquired by the Purchascr 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 direct% the Seller m correct nonconforming or defective good by In,, 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 Scllcr, and the Seller thereafter indicates its inability or no, illinguess to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfumed by the mesa expeditions mean., available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall Flacon, 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 performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller farther 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 are, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional moons and conditions annexed hereto or incorporated herein by reference. Any additional or dif ceent tears and conditions proposed by sellerare 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. Delivery and performance must be effcctcd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late del iverics, shall operate as a waiver of this provision. In the event of nny delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option offlaeing 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 of negligence, such acts of -God, acts ofeivil or military authorities, govemmental priorities, fire.,. strikes. Rood, 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 he extended for the period equal to the time actually lost by reason ofthe 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, wilt be fit for the purposes intended, and perfnmcd with the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellersbreach of wamnty. The Sella shall replace, repair or make good, without errs, to the puchaser, any defects or faults arising within ate (1) year or within such longer period of time as maybe prescribed by law or by the lams of any applicable warranty provided by the Seller aner the date of acceptance of the good furnished hercunda (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Seller, Acceptance or use of nods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guznnlecs, but such liability shall in no event include loss ofprofits or loss ofuse. 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 arms, other than legal tells, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wainen change order. If any such change officers the amount due or the time of performance 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, subject to any equitable adjusment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far 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 am 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 from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts 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 may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference The Seller agrees to indemnify, and hold the Pumbaser harmless from all costs and damages suffered by the Purchaser ns 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 wamnts 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 encumbrances and claims nfothcs. 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 party released and shall extend to the directors, olflecrs and employees ot'such party. The Seller's contractual obligations, including warm, my. shall not be deemed to be reduced, in any way, because such work is performed or caused to be 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 .chalI indemnify and swe ham less 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 prosecution or after the completion of the work. In case mid equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of slid equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser the right In continue using said equipment or pans, replace the same with substantially equal but runinfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sellers pogcny or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation ofthc agreement and the rights of all panics heramder shall be construed under and governed by the laws ofthc State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the sorcices of Scllem Rep cscntnaive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Scllcfs 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 Scllcfs final completion and acceptance, complete the work at Scllcfs own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others far 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/nr equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benclits, 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 she state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liabiliry insurance with bodily injury and death limits afar least 530o,000 f r env one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his contractors, Wary. to provide for such compensation and insurance. Before any of the Sellers or his contractors cmpleyecs shall do any work upon the premises ofmhcrs, the Seller shall famish the Purchascr with a eenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Scllcr agrees that such comperm. then and insurance shall he maintained until afcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes dle 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 cxcmnion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harnslea the Purchaser and any or all of the Purchasers effects, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser nine be put or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees id any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his ce timetors 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 men expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or ocher proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result ofsuch snits or other pnrccediiigs, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his cmtractur3 shall take roll 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 Safely and Health Act of 1970 end all rules and regulations issued pursuant thereto. Revised 03/2010