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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9122821City of j Frt Collins f PURCHASE ORDER Date: 05/17/2012 Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER Colorado 80223 PO Number Page 9122821 t of 2 This number must appear on all invoices, packing slips and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS Colorado 80521 Delivery Date: 05/16/2012 �' Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price SCBA equipment 1 12/0T LS 9,019.56 Invoice 00309703 4/19/2012 a/ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 $9,019.56 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 exemptions. By stand, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Cenifieatc of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions lumaf, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shames 1973. Chapter 39-26. 114 (n). exercise any rights or remedies provided hcrcin or by law, failure to pmmptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval afthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due In defects of any of the wanamics 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 open receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless nutn¢tians from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsegncnd default hereunder, nor shall any purported oral modification or rescissian of this purchase order by the Purchaser operate as a waiver array of the terms 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 Fort Collins. However, it is to he 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 borne by the Purchaser. Thencrea e, for good cause and as consideration far executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.R. City of Fan Collins, 700 Wood St.. Fan Collins, CO R0522, unless required under federal or state antitrust laws far 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. hill must 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the tw rest distribution point to destination, and excess freight will he deducted front Invoice when Purchaser and the Seller, and the Seller Ihcrealfer indicates its inability or no, illingnm, to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits, eenificams and licenses required by all applicable Ivor, regulations, ordinances and rates 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 father 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 notmances, odes and requirements. Aothoriaalion. 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 stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to nod herchy rejecudl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on Your premised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated on the purchase order and the documents anached herem. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event army, delay. the Purchaser shall have, in addition to other legal and equitable remedies the option ofplaeing 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 fxesceablc which am beyond its reasonable central and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Boot epidemics, wars or rims pmvided 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 be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered b,, this order will conform with applicable drawings, specifications, samples and/or other d¢enplions given, will be fit for the purposes intended, and pafomted with the highest degree of cam and competence in accordance with accepted standards for work of a similar army. The Seller agrees to hold the purchaser hamles from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach ofwarranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within am (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this warranty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wmmatics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY 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 Purchaser may make any changes to the terms. other than legal tears, including additions to or deletions front the quantities nrigirn ly entered in the s,mcificatinns or drawings, by verbal or aTmcn change enter. If any such change affects the amount due or the time ofperfommncc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may a1 any time by written change order, terminate this agreement as to any or all 'unions of the goods then not shipped, subject to any equitable adjustment berwcen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Scllcr with respect to any gaods 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 delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assered within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller xvc rants that all goods sold hereunder shall have been produced. sold, delivered and fummited 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 to effect or evidence compliance All laws and regulations required In be inmrpomted in agreements of this character arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Imo. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the 'nor written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrcsnicted 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 cratood ranccs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh rvork. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees afsuch pan,. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way. because such work is performed or caused to he perfumed 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 sure hamdess the Purchaser from any oral all claims for infnngmucat by reason of the use of such patented design, device. material or process in connect inn with the contract, and shall indemnify the Purchaser for any cast. expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit hem to Constitute infringement and the use of said equipment or pan is enjoined, the Seller .shall. at its own expeave 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 noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Scllcr shall become insolvent or hankntpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed underfed governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases olac the Seller is to perform work hereunder. including the services of Scllcrs Repecscntative(s), an the premises afnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at 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 Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same m the site and become responsible therefor as though such materials andlor equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at 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 several by this purchase order, and/or to their dcpendems in accordance with the laws ofthe 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 insurance with bodily injury and death limits of at ]cast S300.000 for any nsc person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractor. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises nfothets, the Seller shall famish the Purchaser with a certificate that such compensation and insumnee have been provided. Such eenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date whoa such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after 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 crony kind or nature whatsoever to persona or rem urty caused by or resulting from the execution ofthe work pmvided for in this purchase order or in connection herewith. The Scllcr will indemnify mid hold harmless the Purchaser and any or nIl of the Purchasers effects. agents and employees Farm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect and whether to persans or pmpeny to which the Purchaser may be put or subject by reason of any net. action, neglect, omission or default on the pan of the Seller. 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 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 officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs. charges, attorneys fees and other expenses. any and all judgments that may be incurred by at obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser, or mid panics in or as a result of such 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 precautions. furnish and install all gourds necessary for the prevention of accidents, comply with ell Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010