HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9142092PURCHASE ORDER PO Number Page
Cityof///��� 9142092 +oft
' `t Collins
Ins This number must appear
` v ` 1 , on all invoices, packing
sli s and labels.
Date: 04/15/2014
Vendor: 426136
MES - ROCKY MOUNTAINS
700 W MISSISSIPPI AVE BLDG E, UNIT 6
DENVER CO 80223
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 04/14/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Bunker Gear New Hires
Invoice 00506701 SNV
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
1 LOT LS
Total
Invoice Address:
8,719.72
719.72
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
.ditions Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By naN4 the City of Fort Collins R exempt from sure and local uses. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Exciae Tax Exemption Certificate of Registry 84450no587 is regisaed with she Collector of
Failure of the Purchaser to insist upon shin Performance of the terms and conditions hereof, faiure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Ranked SamPes 1973. Chapter 39-26.114 (a).
exercise any rights or remedies provided herein ar by law, failure to pman qly wfit, the Seller in the event of a
breach, the mccp. ofor payment for gods hereuvdn or approval orthe design, dealt mot reform the Seller of
Goods Rejected. GOODS REJECTED due m failure a. specifications, either when shipped or due to deface of
any of The wamnties or abligat eat of this purchase order and shall not be, deemed a waiver of my right of the
damage in transit, may be remmed to you for credit and an, on, to be replaced except upon receipt of weimen
purchaser to insist upon strict performance hereof err any arms rights or remedies in to any such goods, regardless
connections boom the City affront Collins.
ofwhm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral mollification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rem¢
lopectim. GOODS are subject to the City of Fort Collins inspection on amval.
hereof.
Final Acceptance. Receipt of the merchandise, servikes or equipment m response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pun of the City of For Collins. Ilowever, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures.
Actu to r, we in Not home by the Purchases. Thimmomm, for god cause and as consideration for executing 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 Pon Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antioust laws for such overcharges miming m the particular goods or services
otherwim specified on this order. If perms m is given to prepay freight and charge sepnmady, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit] must accompany invoice. Additional charges for packing will not be accepted.
IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS,
Shipment Distance. Where manufacturers bane dismibuling 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
,a,mmd from the rosiest distrithro m point m destination, end excess freight will he deducted from Invoice when
Purchaser and the Salle, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments are made from greater distance.
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs associmed with such work.
Pemriu. Seller shall procure at sellers sole cast all necessary pemtiu, certificates end ]handed required] by all
applicable laws, seguimour s, other.. mad col¢ of the sate, municipality, teritory or political subdivision where
The Seller shall release Info Promoter and its comrmtors of any tier from all liability and claims of any wore
the work is performed, or acquired by any order duly mnsumted public authority having jurisdiction over rbe work
resulting fmm the performance of such work.
of vendor. Seller further agates to bold the City of Fort Collins hmmless f and against ell liability ad has
incurred by them by reason of an atoned or established violation of my such all , egotistical, ordhuances, min
This relearn shall apply men in the event of fault of negligence of the party released and shall extend m the
and requirements. _
directors, officers and employees arson parry.
Aathonxmion. All ponies to this contract agree that the repmsenmtives are, in fact, bona fide and possess full and
The Scllees contractual obligations, including warranty, slut] not he deemed at be reduced, in any way, because
complete authority m bind said patties.
such work is performed or roused to be performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional forms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposd by seller are objecred m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiamly ifyou cannot make complete shipment to arrive on your
promised delivery d le as noted. Time is of the essence. Delivery and performance most be a@tied within the time
stated on the purchase order and the documents snatched herein. No acs of fire Purchasers including, without
limitation, acceptance of partial late deliveries, shall operm as, a waiver of mid provision. In the event ofany delay,
the Purchsser shall have, in addition m other legal and equitable remedies, the option ofplacing this order elsewhere
ad holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to viruses not invariably foreseeable which am beyond its formable canton and without its fault ofnegligence,
such acts ofG sf acts ofcivil or military authorities, govemmenul priorities, fires, spikes. Rood, epidemics. wars or
mats provided Jul notice of the candidates causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thermf. In den event of my such delay, the date of delivery shall be
esueadd for the pond egml fo the fime actually two by reason orde delay.
J. WARRANTY.
The Seller amounts that all goods, articles, mateda6 and work covered by this order will confoam with applicable
drawings, specifications, samples mNor offer descriptions given, will be fin for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted marmanLs for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or exprom which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, report or make
good, without cost o the purchaser, my defects or faults arising within one (I) year or within such longer period of
time as may be prescnbed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goads burnished hereunder onceplarce nor to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by fire P omuser shall nor
camtinum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proxims ly caused by the breach of my of the foregoing warranties
or gnmantas, but such 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 TERh1S.
The Purchmer may make changes m legal terms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The PParchaser may make any cl,vrges to the moral. other man legal moral. including saf irionc as or delnions from
the quantities originally ordered in the spmificatiom or drawings, by verbal or written change order. If any such
change affects the amount due or Pee fime i fperfomPmce herundm, ea equitable adjtmment shall he nude.
6, TERMINAT IONS.
The Purchaser may an any time by written change order, terminate this agreement as to any or all ponims of the
goods then not shipped, subject to my equitable adjumment between 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
portion of the goads and/or work, for incidental o sequemial damages and that no such adjnsfmmt be made in
favor ab the Seller with respect to any goods which me the Sellers standard stack. No such lamination shall relieve
the Purchaser or Seller crony of their obligations as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for djotmem must be asserted within thirty (30) days from the date the change or mmtination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished th strict
compliance with all applicable laws said intonations to which the good are subject. The Seller shall execute and
deliver such documents as may be mmo d b effect of evidence compliance. All laws ad regulators required as he
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify ad (told the Purchaser harmless firm all taro and damages suffered by the purchaser as a result of the
Sellers failure m comply wrath such law.
9. ASSIGNMENT.
Neither party shall cosign, nature, or convey this order, or any manias due so to become due heemder without the
prior written consent of the offer party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, Bee and clear of any and all liras, restrictions, reservations, security interest
encumbrances and claims afothers.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark
copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reran of the use of such pcleared design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosemtion or after the completion of the work. In case said equipment, or
any an thereof or the intended use of the good, is in such suit held to constimne infn'ngrmem and the use of
said equipment or pan is joined, the Seller shah. at its own expeae and at its option, either Prime for the
Purchaser the right to continue in, said equipment or pans, replace the same wish substantially qml but
noninfiinging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
if he Seller shall become imolvem to bankrupt, make an assigmnent for the benefit of creditors, appoint a
or uustee far any of the Sellers property or business, this under may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms and or the in cop rmation of the agreement and the rights of all patties hereunder shall he
ootrurd under and gmemed by the laws of the Sum i fColmobs, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repa senutive(s), on the premises climbers.
17. SELLERS RESPONSIBILITY.
The Schur 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 Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When arsenals
and Impound me Pomisbd by others far inion latian or erection by the Seller, the Seller shall receive, unload,
store and handle same at me site and become responsible therefor as though such materials mdlor equipment
were min, finished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn miscast, provide for the payment of workers compnwtion, including nempatiomal
disease benefits, to its employees employed m or in connection with the work: covered by this purchase order,
mdor to their depcatdens in moodance with the laws of the state in which the work is to be, done. The Seller
shall also can, comprehensive general liability including. but not limited to, contractual and automobile public
liability insurance with bodily sugary and death limits or so least IOW.Coo for any one pecan, S500,00 for any
one accident and property damage limit per accident of 5400,1100. The Seller shall likewise require his
contractors. if my, to provide for such mmpeaa on ad insurance. Before any of the Sellers or his contractors
employees shall der any work upon the premises of others, the Seller shall famish the Pmchuef with a oenificate
that such compensation and insurance have been provided. Such certlficams shall specify me date when such
compewtion 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 ..,it after the
entire work is completed and ame,md.
19. PROi'ECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resumes the mine responsibility and liability far any and all damage, loss or injury crony kind
or nature whatsoever to penis or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamrleds the Purchaser and any
r all of the Purchasers officers, 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 par or subject by season of any act, action, neglect, omission or default an the pan of the Seller, any of his
ontrnerors, or my of the Sellers or rontractors officers, agents or employees. In case my suit or other
pr«edirs, shall be brought aphat the purchaser, or is oRcion. agents or employees an any time on mromt or
by reason of my mL action, region, omission or default of the Seller of my of his mntracmrs many of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend Pee same at the Sellers own expetue, m pay my and all rose, charges, mmveys fees and other expenses,
my and all judgments thin may be incurred by or obtained againt the Purchaser or my of its or their officers,
agents or employees in such suits or offer proceedings, and m case judgment or other lies be placed upon err
obtained against the property of the Purchaser, or said Junin in or as a result ofsuch suits or other proceedings,
the Seller will at once came, the same to be, dissolved and discharged by giving bad or otherwise. The Seller and
his contractors shall take all safety promotions, banish and install all guards nmessm, far the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limiunion, the
Cormorant Safety and Health Act of 1990 and al I rules and regulations issued puntanu thereto.
Revised U)Q010