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HomeMy WebLinkAbout148758 COLORADO INTERGOVERNMENTAL RISK SHARING AGE - PURCHASE ORDER - 9122744PURCHASE ORDER PO Number Page City Of 9122744 1 of z ' `t Collinshis number must appear " �7 on all invoices, packing slips and labels. Date: 0511412012 Vendor: 148758 COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY 3665 CHERRY CREEK N DRIVE 3RD FLOOR DENVER Colorado 80209 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOG FORT COLLINS Colorado 80524-4 Delivery Date: 05/11/2012 ,/ Buyer: JAMES O'NEILL Note: j Line Description Quantity UOM Unit Price Extended ,Ordered Price Police Liabiltiy Seminar 1 LOT EA 75.00 C3. O✓l�-�stQ J� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 $75.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, Bestation, the City of FortCollins is exempt (rear state and local taxes Our Exemption Number is 98-fN502. Pedeml Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal fe,cone. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26. 114 (a). (',,ad, Rciceted. GOODS REJECTED due to failure to meet specifications, either when shipped nr dnc to defects of damage in transit, may be returned to no for credit and are not to be replaced except upon receipt of written instructions; from the City of Fort Collins. Inspection. GOODS arc subject to the City effect Collins inspection on arrived. 11. NONWAIVT:R. Failure c f the Purchaser to insist open strict perfom,ance of the terms and conditions licemi failure or delay to exercise any rights or remedies pmrided hcrcin or by law, failure to promptly notify the Seller in the cent of a breach, the acceptance orm payment for grads hereunder or approval of the design, shall not release the Sellcrof any of Ilie wamnrics or obligations of this purchase order and shall not be dccamd a "ricer of any right of the purchaser to insist alum strict performance hcrenfor any refits rights of remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, not shall any pagfonM oral mndification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hcrerf. Final Acceptance. Receipt of the merchandise, services or cquil acid in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins However. it is to he understood that FINAL. Seller and the Purchaser recognize that in actual economic practice. overcharges minking from antitrust ACCEPTANCE is Icpfndaat upon completion of all applicable required inspection procedures, violations arc in fact barns by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser now and all claims it may now have or hereafter Freight Terms. Shipments must be F_OfL, Cite of Fen Collins, 700 Wood St_ Pon Collins CO 80522, nalec acquired mtder federal or state antitrust lams for such overcharges relating to the particular goods or services othensrise 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 mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the contest distribution point to destination. and excess freight will be deducted bum Invoice when shipments arc made from greater distance. remits. Seller shah procure at sellers .sole cost all necessary pemtits. certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required he any other duly constituted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Fort Collins hamlet from and against all liability and Ins, insured by them by reason of an asserted or established violation of any such Incas, regulations, ordinances, roles and requirements, Authmivntion. All parties to this contract agree that the representatives arc, in fact. bnno fide and possess full and complete authority to bind said panics. LIMTTAI'TON OF TERMS, This Purchase Order capressdy limits acceptance to the terms and conditions stated herein set forth and any supplemenmry or additional Iems and conditions annexed hereto or incorporated herein by reference. Any additional or different tom, and conditions proposed by seller are objected friend hereby rcjectel. 2. DELIVERY. PLEASE ADVISE PURCIIASING 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 he effected within the time stated on the Purchase order and the documents attached hereto. No acts of the Purchasers including. without Iimrnation. acceptance ofpartial late deliveries, shall oNmte 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 Ilme ver, the Seller shall not be liable for damages as a result of delays due to causes ant ecnaonably foreseeable which arc beyond its rcmnnable control and without its fault nfncgligcnce. such acts of God. acts fcivil or military authorities, low cormactual priorities, Ores, strike,. 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 Seiler 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 Seiler warrants that all gratds, articles. materials and work covered by this order will cnnfomt 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 from any less, damage or expense which the Parehmer may suffer or incur on account of the Sellers breach of w:amnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or (,00hs arising within one (1) year or within such longer period of circus may be prescribed by law or by the terms of any applicable tvamnty pmvided by the Seller after the date of .acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or case of goods by the Purchaser shall not constitute a wai, cr ofany claim order this wumnty. Except as otherwise presided in the, purchase order. the Sellers liability hereunder shall extend to all dama^_cs proximately caused by the breach of any of the forcreine seamnties or guarantees but saeh liability shall in no event include hoc nfpmfits or loss of use. NO IMPLIED WAR RANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purehzscr may make any chances to the temu, other than legal tears, including additions to or deletions from the carmine, originally ordered in the specification or drawtrip, by verbal or written change reeler. If any such change affects the amount due or the time ofperfomance hereunder. an cquimblc adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, acrome a this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment betucen the panics as to any work or materials then in pregvess provided that the Purchaser shall not be liable for any claims for anticipated profits 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 v, ith respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods Adivc cd 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, S. COMPLIANCE WITH LAW, The Seller wamnL, that all goods sold hereunder shall have been produced. sold. delivered and famished in strict compliance with all applicable Imes and regulations to which the grads 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 are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser hamrlcm farm all costs and damages .suffered by the Purchaser as a result of the Sellers failure to comply with such lase. _ 9. ASSIGNMENT. Neither party shall assign, transfer. or con see this order. or am' monies due nr to become due hereunder without the prior written ennsem of the other party. 10. TITLE, The Seller wamat, fill, clear and unrestricted title to the Part for all equipment, materials, and items fi mished in perfmmoince of this agreement. free and clear of any and all liens, restrictions, reservations security imcrc,l encumbrances and claims ofothers. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to he agreed upon by the Pumhnscr and the Seller, and the Seller thereafter indicates its medulity or umvillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it. and the Scllcr shall pay all costs associated with such work. The Seller shall release the Porchuscr and its contractors of any tier from ell liability wad claims of any nature resulting farm the performance ofsuch work. This release shall apply even in the event of !null of negligence of the party released and shall extend to the directors, officers and employees of.samh party. The Seller's contractual obligations, including tvamnty, shall not be located to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATEN VS. Whenever the Seiler is rcqu i red to use any design, device, material or process covered by letter, paten trademark or copyright, the Seller shall indenme fy find save harmless the Purchaser front my and all claims for infringement by reason of the vac of such patented design, device, material of 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 pmsccution or iRcr the completion orlhc work. In case said equipment. or ,any part thereof or the intended use of the goods, is in such mit held to constitute infringement and the use of said equipment or pen is enjoined. the Seiler shall, at its men expense and at its option, either procure for the Pumhnscr the right to continue using said equipment or parts replace the smut with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make in assignment for the hencfit of creditors, appoint a reccocr or trustee for any of the Sellers p rfactry or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcfiailien, of terms used or the integfrcntlon ofthe agrccmcm find the rights ofa11 panics hereunder shall be constmel under and governed by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform, work hereunder. including the services of Sellers Rem esentative(s). on the premises of others. 17. SELLERS RESPONSIt11L11'Y. The Scllcr shall carry on said work at Seller's own risk until the sums is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work mad/or nnterials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When rettermis and equipment arc fimri,hed by others for installation or erection by the Scllcr, the Seiler 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. IS. INSURANCE. The Seller shall, of 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 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 insumncc with bodily injury and death limit, of at least S100.000 for any one person. S500.000 for any one accident and property damage limit per accident of 5400,000. 'rho Seller shall likewise require his contractors, if any, m pmvide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of nthcts, the Seller shall finish the Purchaser with a certificnc that such compensation and insurance have been provided. Such certificates shall specify the date when such eompensatinn and insurance have been pmvided. 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 is is completed and accepted. 19. PROI'EC I'ION AGAINST ACCIDENTS AND DAMAGES. I'tic Seller hereby asmintcs the entire responsibility and liability for any and all damage. Inns or injury of any kind or nature irhatsocver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase nedcr or in connection Imfewals. The Seller will indemnify and hold harmless The Purchaser and any or all of the Purchasers o(rccrs, agents and employees from and against any and all claims 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, emission or dcOnOt on the pan of the Scllcr, any of his contractors or my of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shall be hm fight against the Purchaser. or its officers, agents or cmplovees at any time on account or he reason of any act, action, neglect, omission or default of the Seller of foxy of his contractors or any of its or their officers. agents or employees as aforesaid. the Seller hereby agrees to .ac rme the defense thereof and to defend the mine 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 or their oRcers. agents or employees in such suits or Ether preecodires. and in cm judgment or other lien be paced am. or obtained against the preperty of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once emrsc the same to be dissolved and discharged by giving bond or othenwisc. The Seller and his contractors shall take all safety precautions. burish and install all guards necessary for the prevention of aecidcm,, erntply with all laws and rclatio ors with regard To sdcty including, but without limitation, the Occupational Safety and Ileahh Act of 1970 and all mhos and rcg lations issued pu svinit thereto. Revised 03/2010