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HomeMy WebLinkAbout166366 CHEMICAL SAFETY TRAINING - PURCHASE ORDER - 9121236City of F6rt Collins Date: 03/05/2012 Vendor: 166366 CHEMICAL SAFETY TRAINING 4552 BLUE CREEK DR REDDING California 96002-5161 PURCHASE ORDER PO Number Page 9121236°fz This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102.REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 03/02/2012 Buyer: ED BONNETTE Note: i Line Description ' Quantity Extended p Ordered UOM Unit Price Price 1 HazMat Incident Commander / / 1 LOT LS 6,500.00 Invoice 12-024 dated 1/27/12 % 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 $6,500.00 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 cxcmpllons. By statute the City of Fon Collins is exempt fmm state and local taxi.. Our E.xcmpl inn Number is 11 NON WAI VER. 98-I11502. Federal Tsetse lax Exemption Cenificate of Registry R4-6000597 is registered .with the Collector of Failure of the Purchaser to insist upon srict performance of the corms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (RcE Colorado Revised Statutes 1973. Chapter 39-26. 114 (n). exercise mty right or remedies Provided herein or by Inv, failure to promptly utility the Seller in the escnt M n breach, the acceptance of or payment for goods hereunder or approval of the. design, shall not release the Seller of Gowt 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 he deemed a naivcr of any right of Ore 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 per(omancc hereof many of its rights or remedies as turtle such goods, regardless instructions from the City of TOM Collins. of when shipped, received Or accepted, as to any prior nr subsequent default hereunder, nor shall any purported and madificetion or rescission of this purchase order by the Purchaser operate is a wniver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection an animal. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fall Collins. Ilmvccnn it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, oorchages resulting from antitmsl ACCEPTANCE is dependent upon completion ofe11 applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, for good cause and as consideration for executing this purchase enter. the Seller hereby cosigns to the Purehmcr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of To" Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under federal Or state antitmst larva 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 to this purchase order. bill must aecumpany invoice. Additional charges far packing will not be acccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufaeromm 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 open by the expected fmm the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller,and the Seller thereafter indicates it inability or unuillingnesa to comply, the Parchuser shipments arc made foam greater distance. may cause the work to be perfomaed by the most expeditious means available to it and the Scllcr shall pay all costs associated with such work. Permit,. Serer shall prrreum at sellers sell, cost all accessary permits. ceni5cates and licenses required by all applicable lass, regulations, ordinance, and rules of the state, municipality, territory or political subdivision where the work is performed. or regtumd by tiny other duly constituted public authority havingjorisdlclion over the work of vendor. Seller further agrees to hold the City of Fun Collins harmless line. and against all liability and loss incurred by them by reason of tin asserted or established violation Many such laws, regulations, ordinnnccs, talcs and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide anti possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the icmu and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tcmas 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 premised delivery date is noted. Time is of the essence. Delivery and performance must he effected within the ;irate stated on the purchase order and the documents attached hercu. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a wroiccr of this Provision. In the event o(nny delay. the Purchaser shall have, in addition to other legal and cquilablc remedies, the Option of placing this onler elsewhere and holding the Seller liable for damages. However. the Seller shall not he liable for damages as a result M delays due to causes not reasonably foreseeable which are b yond its remonable control and without its fault ofnegligence, such acts of Gad, acts ofeivil or military authorities, govcmmmltal 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 Seller first received knowledge thereof. In the event ofany such delay. the date of delivery shall be extended for the period equal to the into actually lost by reason o(thc delay. 3, WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform 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 h.mless from any loss. damage Or esterase which the Purehascr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cot to the purchaser. any defects at faults arising within one (I) year or within such longer period of time as may be prescribed bylaw or by the terms ofany applicable is am, provided by the Seller after the dale of acceptance of the goods famished hereunder (acceptance not to be unrcasanably dclaved), resulting fmm imperfect or defective work donc or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this vamaaty. Except as otherwise pmvided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caned by the breach of awe of the foregoing warranties or guam aces, but such liability shall in no event include less of profits or loss 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 toms, including addhiens to or deletions fmm 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 of ferfomtance hereunder. an equitable adjutment shall he made. fi. TERMINATIONS. The Purchaser may at any time by wrincn change under, terminate this agreement as to any or all portion, of the goods then not shipped. subject in any equitable adjustment bo coon the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmtils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such terntiniian shall relieve the Purchaser 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) drys Exam the date the change or wri urination is ondcrcd. A. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall hart been produced, sold, delivered and Famished in inner 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 eridertee compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cents and damages suffered by the Purchaser as a result n(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 written consent of the other puny. 10. TITLE. The Selleco cants fall. clear and unrcatrietc l 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 semoity iatcm,l encumbrances and claims of nlhcrs. The Seller shall release the Purchaser and its enmmeton of ame tier fmm all liability and claims of any nature mailling fmm the performance n(sneh work. This release shall apply even in the event of fiull of negligence of the party released and shall extend to the directors, un cco; and employees of such part'. The Scllds cnntrnenal obligations, including mvarri shall not be deemed to he reducec, 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 shall indemnify and save harmless the Purchaser from any and all claims for infringement by nation M the rase of such patented design, device, material or prei in connection with the contract, and shall indemnify the Purchaser for anv cost, expense or damage which it may be obliged to pay by reason of such infringement it any time during The prosecution or after the completion of the 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 pun is enjoined, the Seller shall. it its own expense and at its option, either procure for file Purchaser IIm right to centimte using said equipment or parts. replace the same with substantially equal but nominfringing equipment, or modify it so it becomes nnnin(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser submit liahiliry. Ib. GOVERNING LAW. The definition, oftemus used or the intcTretatinm o(fhc agreement and the rights ufall panics hereunder shall be construed under and governed by the lava afthe State ofColomdo. USA. The fnllmving Additimad Conditions apply mdy in cases where the Seller is to perform work hereunder. including the services of Scllcrs Repo sentative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of The Pumh iscr. When materials and equipment arc famished 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 furnished by the Seller under the Order. 18. INSURANCE:. The Seller shnll. at his non expense, provide for the payment of workers conpensatina. including occupational diaerse benefits, to its employees employed ran or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be donc. The Seller shall also tarty comprehensive general liability including. but not limited to, contractual and automobile public liability O,araace with bad ly injury rand death limit of at (cast S300.000 for any one person. S500.00o for any one accident and pmperty 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 Sellers or his contmctnrs employees shill do any work upon the premises of others, the Seller shall famish the Purchaser .with a ccnilmme that such compensation and insurance have been pmvided. 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 insurance shall be maintained until after the entire work is completed and acccptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire respunsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmperty caused by or ms fling from the execulinn ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and empbvecs form and against any and all claims, lesses. damages, chafes or expenses. whether direct or indirect, and whether to persons or pmpcny 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 at contractors officers, agents or employees. In case anv ,suit or other proceedings shall he bought against the Purchase, or its officers. agents or employers at any It on account or be reason ofany net. action, neglect, omission or default Of the Seller of any Of his contmctnrs or any of its or their officers, agents or employee, as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers ova expense, In pay any and all costs, charges, atlomcys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of it or their officers. agents or employees in stub suits or Other pmceedings, and in case judgment Or other lien he placed upon or obtained against the pmpenv of the Purchaser. or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety pecaulinus, furnish and install all grads necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation. the Ocatpnlional Safety and Ilealth Act of I970 and all Coles and regulations issued pursuant thereto. Revised 03/2010