HomeMy WebLinkAbout129312 REIS ENVIRONMENTAL INC - PURCHASE ORDER - 9121224PURCHASE ORDER PO Number Page
City Of9121224 1 of z
rt CollinsCThis number must appear Fli
/ \J`' ` " J on all invoices, packing
slips and labels.
Date: 03/01/2012
Vendor: 129312
REIS ENVIRONMENTAL INC
5720 HOLLY ST
COMMERCE CITY Colorado 80022
Ship To: TRAINING FACILITY
POUDRE FIRE AUTHORITY
3400 WEST VINE
FORT COLLINS Colorado 80521
Delivery Date: 03/01/2012 Buyer: ED BONNETTE
Note: PER ISG THERMAL IMAGERS QUOTE DATED 1/19/12 FROM JEFF AINSWORTH
TO ED BONNETTE/SCOTT WIGGINS. LEAD TIME 6-8 WEEKS.
2 YEAR FACTORY WARRANTY ON ISG THERMAL IMAGERS.
NOTE: VENDOR PAYS FREIGHT WHEN THREE UNITS ORDERED.
ISG K1000 XR:
1 UNIT @ $8,600.00/EA
2 UNITS @ $8,300.00/EA
3 UNITS @ $8,000.00/EA; VENDOR PAYS FREIGHT.
(FREIGHT COST-$165.00/UNIT; UNITS MUST SHIP SEPARATELY).
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1 ISG Thermal Imager 1 LOT LS 8,000.00
2 2 ISG Thermal Imagers 1 LOT LS 16,000.00
Total $24,000.00
UCam, 2. ova...-a2Le_
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
I. COMMERCIAL DETAILS.
Tax escmptions. By wrote the City of Fort Collins is exempt from stile and local taxes. Our Excmpti On Nmnher is 11, NONWAIV ER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hcienf failure or delay to
Internal Revenuc, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by laws failure to promptly notify the Seller in the event of a
lumach. 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 specs fica, ions, cilher whco shipped or due m defects Of any of the mamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict pefomanco hercoforany ofia rights or remedies as to any mch goods, regardless
immictions form the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not sholl any purported
oral modificntion or rescission of this purchase onto by the Purchaser operate as a waixcr of any Of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof
Final Acceptance. Receipt of the mcrehindim, 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. Howarcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Tram antitrust
ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for esecuting 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 Fart Collins, 700 Nord St., Fro Collins, CO R0522, unless acquired under federal or state antitrust 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 In this purchase order.
bill most accompany imnice. 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 Ifthe Purchaser directs the Sellvi-ecorrect nanconanningordefective goods bya date lobe agreed upon bythe
expected from the nrnnst distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcrcamr indicates its inability or ug nwillinness to comply, the Purchaser
shipments arc made form g cater distance. may cause the work to be pafomed by the mast expeditious means available to it. and the Scllcr shall pay all
costs associated with such work.
Permits. Seller shall proton, at sellers sole cast all necessary permits, certificates and licenses required by all
applicable lass, .cgulminns, ordinances and rules of the state. municipality, territory or political subdivision where
the mark 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 Port Collins harmless from and ogainsl all liability ,red loss
incumd by them by reason of an asserted or established violation of any such laws, regulations, ordinanecs, rules
and requirements.
Authorization. All panics 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 terms and conditions sated
herein set forth and any supplementary or additional tans and conditions annexed hacto or incorporated herein by
reference. Any additional or different terms and conditions proposed by'scllcr arc objected mind hereby rejected.
2. DELIVERY.
PLEASE ADVISE, PURCHASING AGENT immediately if you cannot make complete shipment to aUirc on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be sphered 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 prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays
due to causes not reasonably foreseeable which arc beyond its masowble control and withmd its fault ofacgligcacc.
such acts of God, acts ofeivil Or military authorities, governmental priorities, fires, strikes, flood, 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 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 ofthc delay.
3. WARRANTY.
The Seller wamnts that all gads. artidcs, materials and work covered by this order will conform with applicable
drawings. specifications, samples andfor Other descriptions given, will be fit for the pugtoses 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 from any loss, damage or expense which the
Purchaser may suffer or incur on account Of the Sellers breach of wamnty. 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 ofany applicable wamnty provided by the Seller after the date of
acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
or defective work done or materials fumishcd 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 Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing vimntic,
or guarantees, but such liability shall in no went include loss of porfia or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
A. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the term, other than legal teas, including additions to or deletions from
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 ofperfnmancc 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
gilds then net shipped, subject to any equitable adjustment between the panics is to any work or materials then in
progrcc provided that the Purchaser shall our he liable for any claims for anticipated p ifils on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such milormem be made in
favor of the Scllcr with respect to any good which are the Scllcrs standard stock. No such rcmtiontion shall ml icve
the Purchaser or he 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 ,he change or coloration is
onlcrcd.
R. COMPLIANCE WITH LAW.
The SclIa xvamrrts, that all goat sold httemMer shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and
deliver such documents as may be required m 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 hamlcss from 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 hercunda without the
prior written consent of the other parry.
10. TITLE.
The Seller warm. a as full, clear and unrestricted tilt to the Purchaser far all equipment, materials and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, mstmotions, security interest
encumbrances and claims of o,hcm.
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 rcicasc shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, uffccrs and eniplayces ofsuch party.
The Sellers contractual obligations, including wamnty, shall not be deemed to be reduced, in anv way. because
such work is performed or caused to be performed by the Pumhascr.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter. pacto, trademark
or copyright the Scllcr shall indemnify and save hamless the Purchaser front any and all claim% for infringement
by reason of the use of such patented design, dcvicq material or process in connection with the contract and
shall indemnify the Purchaser for any cost, expense ar damage which it may be obliged to pay by reason of such
infringement at any tittle during the musecu,ion Or otter the completion of the work. In case said equipment Or
any pan thereof or the intended use of the goods, is in such snit held In constitute infringement and the use of
said equipment or pin is enjoined, the Seller shall, at its own expense and at its option, cithcr procure for the
Pnmhiser the right to continue using said equipment or pans, replace the mac with substantially equal but
noninfringing equipment, or modify its, it boemnes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or binkma. make an assignment for the benefit of creditors, appoint a
receiver or mstcc for any of the Sellers propcny or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthc agreement and the rights ofall panics hacunder shall be
consorted under ind governed by the laves of the State ofColondo. USA.
The following Additional Conditions apply only in cases where the Seller is to perfomi Work hereunder.
including the seniecs of Sellers Representative, s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carp on said work at Seller's men 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
acceptance, complete the work at Sellers men expense and to the satisfaction of the Rimhiwr. When matainls
and equipment arc famished by others for uoiallation or crca,ion 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
wets being furnished by the Scllcr under the mder.
19. INSURANCE.
The Seller shall, at his own expense, provide for the pavmcnt of workers compensation, including Occupational
disease bcacfats, 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 laves of the .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
liability insurance with bodily injury and death limits of at (cast 5300.000 for any one person. S500.000 for any
One accident and pmpeny 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 Seller%or his contactors
cmplOysxz shall do any work noon the prcnttes of others, the Seller shall furnish the Purchaser with a cenifacate
that such compensation and insurance hm'c been provided. Such certificates shall specify the date when such
eompcnsatinn and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires The Seller agrees that such compensation ind insurance shall be maintained until aRcr 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 %vhatsmc vs, to persons or propcny caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith, The Seller will indemnify ind hold harmless 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 may
be Vol or subject by mason of any act, action, ncglcct, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors affects, agents or employees In case any snit or other
proceedings shall be brought igainst the Purchaser, err its officers. agents or employees at any time on account or
by reason of any act. action, ncglcct, omission or default of the Seller of any of his contractors or any of its or
(heir officersagents Or employees as iforesa id, the Seller hocby agates in assume the defense thereof and to
defend the same it the Sellers own expense, to ryry tiny and all costs, charges, anomcvs fees and other expenses,
any and all judgments that may be incurred by or obtained ,gains, 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 he placed upon or
obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings.
the Scllcr w'i 11 at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safely precautions, famish and install all guards necessary for the pmrention of
accidents. comply with all laws and regulations with regard to mfcN including. but without limitation, the
Occupational Sifew and Health Act of 1970 and all mlcs and regulations issued pursuant thereto.
Rcvimd 03/2010