Loading...
HomeMy WebLinkAbout326202 FIDELITY NATIONAL PROPERTY - PURCHASE ORDER - 9122751PURCHASE ORDER PO Number Page City Of^ 9122751 1 of z Fort Collins This number must appear ,�—J`-' ` ` on all invoices, packing slips and labels. Date: 05114/2012 Vendor: 326202 FIDELITY NATIONAL PROPERTY & CASUALTY INS CO FLOOD INSURANCE PROCESSING CNTR PO BOX 33003 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 05/14/2012 X Buyer: JAMES O'NEILL Note: / Line Description Quantity/ UOM Unit Price Extended Ordered Price Flood Insurance 1,L/OT EA 44.00 U 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 $44.00 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 L COMMERCIAL DETAILS. Tax exemptions. Fly statute the City of Too Collins is exempt from state and local taxes. Our Exempt inn Number is 11. NONWATVER. 99-fN502. Federal Excise Tax Exemption Certificate of Registry 94-11000597 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe Icons and conditions hereof. failure or delay to Internal Rcveage. Denver, Colorado (Ref. Colorado Revised Stamtc, 19'3. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by taw, 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 Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or doe to defects of any of the wamnliw, Or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit. may he renamed to von for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfnmuzncc hereof or any of its rights Or rcmcd ics as to anv such goods. regardless instructions fmm the City of For: Collins. of when shipped. received or accepted. as to any prior or .subsequent default hereunder, not shall am' parponed oral mtdifrcution or rescission of this purchase oiler by the Purchaser operate as a waiver of any of the lams Inspection. GOODS am sultiem to the City of Fon Collins inspection on arrive[, 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 Fort Collins. Howerec it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent npoo completion ofall applicable required inspection pmecdores. violations arc in fact borne by the Purchaser. Theretufore, for goof wise and as consideration for executing this purchase nnler, the Seller hereby assigns To the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.QH., City of Fort Collins. 700 Wound St., Fog Collins. CO 90522. unless acquired under federal or state unionist laws for such overcharges relating to the pnnicular goods or services otherwise specified on this order. If perntision is given to prepay freight and charge separately, the original freight purchased marooned by the Purchaser pursuant To this purchase order. bill must accompany invoice, Additional charges for packing will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OnLIGAT'IONS, Shipment Distance. Where manufctracr, have distributing points in various pans ol'the eenmlry, shipment is Iffhe Purchaser directs the Seller to correct nrnmonfomling ordefective goods bya date to be agreed upon by the expected front the nearest distrihutina point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, mul the Scllcr \hereafter indicutes its inability or unwillingness to comply, the Pnrchascr shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, rnd the Seller shall Pry all ante. a„nriatrd wi I sorh ,ark Permits. Seller shall Procure at sellers sole cent all necessary perants, cenificams and licenses required by all applicable laws, regulations ordinances and mlc, ofthe state, municipality, territory ar political subdivision where the work is pafomal, or required by any other duly constituted public authority having jurisdiction over the work of e.do,. Seller Fauber to hold the City of Fort Collins haonlcs from and against all liability nod Ins, incurred by them by reason of an awned or establi,hed riolmin r of any such laws, regulations, ordinances, mles and mquiremcats. Anthariouinn. All panics to This contract agree that the representatives am. in fact. horn fide and prises, full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpm,,ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and entul Lions annexed hereto or incorporated herein by refercn¢. Any additional m di Rcrent Icons and conditions pmposcd by sellerare objected to and hereby rejcctnl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ardvc on your pmmised delivery date as noted. Time is ofthe essence. Delivery and perfnonance must be effected within the time stated on the purcham order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the cyan ofany delay. the Pnrchascr shall have, in addition to other legal and equitable remedies, the option of placing this order clsewherc 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 reamnnbly foreseeable which arc beyond its reasonable control and milhmn its fault ofacgligence. such acts of God, acts ofeivil or military authorities. gowmmental prioriic,. fires strikes, flood, epidemics wars or riots provided that antiee of the conditions erasing ,such delay is given to the Purchaser within live (5) days rf 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 In the time actually lost by reason of the dcl ay. t. WARRANTY. q'he Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specificafr ,. samples and/or other descriptions given, will 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 Scllcr agrees to hold the purchaser hamdes from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wvmnty. The Seller shall replace, repair or mnkc good, without ant to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty pmvided by the Seller after the date of acceptance ofthe grad furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done nr normal, furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wmm�ty. Except as mhenvise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing wamnties or guarantees, but ,inch liability shall in no event include lass 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 Iconss by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tent,, other than legal temu, including addition, to or dclefinns from the quantities originally ordered in the specifications or drama ngs by w il,al or wriucn change onlcr, If any such change rffects the ancount duc or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERNI[NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grad, then not shipped, ,object to any cquimble ad o,tment bereeen The panics as to any mark or mawriab, Ihen in pmgm,s provided that the Purchaser shall not be liable for any claims for anticipated profit, on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adiusrncnt be made in favor of the Scllcr with respect to any good which arc the Sellers standard stack. No such termination shall relieve the Puchaser at the Seller of any of their obligations as to any goods dclivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys front the data the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, dclivcrcd and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such doca meats n, may be required to effect or evidence compliance. All laws and regalalions 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 hamdes from all costs and damages suffered by the Pnrchascr as a result of the Scllcrs 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 prim written consent of the other party. 10. TITLE:. The Seller wamnls fill, clear and unrestricted tide to the Purchaser for all equipment materials, and items furnished in perfomanec of this agreement. free and clear of any and all liens restrictions, reservations. security interest encumbrances and clainx of others. /'lie Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any nature resulting from the perfomance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the director,, officers and employees of such Party. The Seller's comranual obligations, including wammy. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pnrchascr. 14. PA TENTS. Whenever the Seller is required to use any design device, matttial or pmcc,s covered by let cr. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front an, wad 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 Pnrchascr for any ens/, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmseadion Or a0cr the completion of the work. In case said equipment, or anv 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 it, own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the .same with substantially equal but noninfringiag cquipmcot or modify it so it bccnnics noninfriagimg. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make in assignment for the benefit of creditors. appoint a rcwci cr or toome for any of the Sellers popery or business. Ibis onlcr mry forthwith be canceled by fire Purchaser without liability. 16. GOVERNING LAW. The definitions of \ems used or the interpretation of the agreement and the rights ofall panics hereunder shall be consumed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply may in eases where the Seller is to perforn work hereunder. including the services of Sellers Rcpresentalivc(,), on the premises el 17. SELLERS RESPONSIHILI TY. The Scllcr shall carry on said work m Seller's 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 Seller's final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials .and equipment are famished by others for installation or erection by the Scllcr, the Seller shall receiyc, unload. store and handle same at the .site and become responsible therefor as though such materials and/or equipment were being fumisla d by the Seller under the order. I S. INSURANCE. The Seller shall. at his own expen,c. provide for the Payment of workers compensation. including occupatiowl disease benefits, to its cmpinyccs 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 Iiabili1v insaTmeo with bmiily iniury and death limit, of nt least S300,000 for any one pesos. S500.000 for any one accident and pmpcm damage limit per accident of 5400,000. The Seller shall likewise require his contractors, Troy. ro provide for such compensation and insurances Before any of the Sellers or his contractors employees shall do any wvork upon The pn:u iscs of others, the Scllcr shall furnish the Pnrchascr with a wroficam that such compensation and insurance trays been Provided, Such eenilicates shall specify the date , bw such waipcamfiun and insurance have been pnwided. Such wr ifiemes shall specify the date when such compensation and insurance expires. The Seller agrees thin such asmpauation and insurance shall be maintained until after the curare work is completed nod accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby u,sumc, the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature wrhatseucvcr to persons or Property caned by or restating form the execution ofthe work pmvided for in this purchase order or in connection hemwilh.'I'lie Seller will indemnify and hold hamlcss the Purchaser and anv, or all of the Purchasers officers. agents and employees front and rgainst anv and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or preperr) to which the Purchaser may he put or subject by reason of any act, action. acglca, omission or dcf.ralt on the pan of the Scllcr, any of his contractors. or any of the Scllcrs or contractors oRcers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its otiiccrs, agent to employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to a,sume the defense thereof and to defend the same at the Sellers own expense. to pay any and all costs, charges, attorney, fees and other expenses. any and all judgments that may be incurred by or obtained against the PaMbaRr or any of its or their officers, agents or employees in such suit, or other proceedings. and in case judgment or other lien be placed upon or obmined against the pmperb ofthe Purchaser. err said ponies in or as a result ofsueh snits or other pmcecdings. the Seller will at once cane the same to he dissolved and dimhmged by giving bond or mhcnyise. The Seller and his contractors shall take all safely precautions, furnish and install all guards rowssmy for the prevention of ,accidents, comply with all laws and regulations with regard to safety including, hat without limitation. the Oecopational Safety and Hcalth Act of 1970 and all rules and regtulations issued pursuant \hereto. Revised 03/2010