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Home My WebLink About426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9142725PO PURCHASE ORDER 914272er Page C117/ of PURCHASE 42725 1 of 3 ' `t Collins( hisnumber must appear v ` �7 on all invoices, packing sli s and labels. Date: 05/14/2014 Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER CO 80223 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 05/13/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price AV 3000 Facepiece 1 LOT LS 6,264.75 per Quote QT_00266834-3 as per quote: - qty (5) - AV3000 Facepiece w/ SureSeal, kevlar, small w/ Comm. brkt - Small $250.59 each = $1,252.95 - qty (7) - AV3000 Facepiece w/ SureSeal, kevlar, small w/ Comm. brkt - Medium $250.59 each = $1754.13 - qty (13) - - AV3000 Facepiece w/ SureSeal, kevlar, small w/ Comm. brkt - Large $250.59 each = $3,257.67 2 40MM Canister/Filters per Quote QT_00266834-3 as per quote: - qty (20) - 40MM Canister Adapter $36.42 each = $728.40 )0) - COMB FGLTRS CF22 ENFORCE CNSTR each = $2.806.00 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@fogov.00m 1 LOT LS 3,534.40 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort of PURCHASE ORDER 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 PO Number Page 9142725 2ef3 This number must appear on all invoices, packing slips and labels. Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statme the City df Fort Collins is exempt from sate artd local macs. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise I ax Exemption Cenifrcate of Registry 84 6000587 is registered with the Collector of Failure of the Purchaser to insist upon at performance of the tears and conditions hector. failure or delay to Internal Revenue, Denver Culomdo (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, 114 DL exercise any rights or remedies provided here,. a by law, failure to promptly anti fy the Seller in the clear of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REI ECTED due to failure to meet specifications, either when shipped or due to defect of any of the warranties or obligations of Nis purchase order and shall not be deemed a waiver of any right of the damage in transit, may h resumed to you for credit and are not to be replaced except upon receipt of written Purchaser m insist open stria performance broad or any of its rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hmuaer, nor shall any paToned oral modification or rescission of this pu¢base orda by the Pwcinaur opmte as . waiver of any of she sear¢ Inspecsioo. GOODS are subject 10 the City of Fiat Collim inspection on serval. former Final Acceptance Receipt of the merchandise, services or tyuipment in response to this order can much in 12. ASSIGNMENT OF ANTITRUST CLAIMS. surfaced payment oa the pan of the City of Fun Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion of all applicable repaired inspection procedures. violations are infect home by line Purchat Theretofore, for good rouse and as consideration for exceeding this purchase order, the Seller hereby assign m the Purchaser any and all claims it may now have or herefthr Freight Terms. Shipments must be TO City of Fort Collins, 700 Wood St, For Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany, invoice. Additional charges for packing will not be accepted. Shipment Distance. When, manufacmrers have distributing palms in various pans of the county, shipment is expected four sine nearest distribution paint to distinction, and excess freight will No deducted from Invoice when shipments are made farm greater distance. Permits. Seller shall procure at sellers sole cost all necessary remains, certificates and licenses Terminal by all applicable laws, regulations, ordinances and mlcs ofthe mare, munici olity, treasury art pohtiml subdivision where the work is performed, or required by any other duly constituted public authority havingpoisdiction over the work of vaider. Seller further agree to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by crown of an asserted or established violation of any such laws, regulations, ordinates, roles and requiremenu. Author rom on. All panics to this urn owl agree tht the representadivca are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purcham Order expressly limits acceptance to the toms and condition stated herein set forth and any supplementary or additional terms and conditions annexed hereto or inconp oo ed herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PI.EASF, ADVISE PURCI LASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eBPcted within the time stated on the purchase order and the documents attached hreso. No acts of the Purch om including• without formation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the evens of any delay, the Purchases shall have, in addition to other legal and equitable remains the option ofplacing this order elsewhere and holding the Seller liable for damages. Howacr the Sella shall not be liable for damages as a rmult of delays due to causes not rmwnably forme sable which are beyond its reasonable canal and wilhour its fault ofnegligence. such acts of God,actsofcivil or military aerflad ties,government.]priorities, fifes, stakes, flood, epidemics, rs or wa riots,dowded 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 lust by reason of the delay. 3. WARRANTY. The Seller warrant that all good, entries, mataiah and work covered by this order will conform wish applicable drawings, spmificaions, samples and/or other deutipsions given, will h fit for the purposes amended, and performed with the highest degree of core and competence in accordance with eccegred standard for work of a similar name. The Seller agrees to hold the purchaser harmless Tom any lass, damage ear expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replete, rtpair or make god, without cost to the purchaser, any defects or faults maim, within one (1) year or within such longer period of time as may be prescribed by law or by the tents of any applicable wananly provided by the Sella after the date of cceptance of the goods furnished hereunder (auepmnce and to be unreasonably delayed), imaging Tom imperfect or detective work dune or materials fumishvdl by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise pmvided in this purchase order, the Sella liability hereunder shall extend to all damages proximately carved by the breach of any of the foregoing warranties or guaramas, but such liability shall iu an event include loss of profits or 1. 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 terns by written change order. 5. CI IANGES IN COMMERCIAL TERMS. 'The Purchaser may, make any changes to the turns other than legal terns, including additions to or deletions from 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 ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wntn change order, terminate this agreement as no any or all portions of the good shot not shipped, subject to any equi.bie adjustment berwuen the Partia as to any work or materials then in regress provided that the Purchaser shall not h liable for any claims for anticipated profits on me utumPleted portion ardor good and/or work, for incidental or cam n,comial damages, and that no such adjnsdmem be made in favor office Seller with respem to any goods which nor the Sellers standard stock. No such automation shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hercnnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thing (30) days farm the date the change or termination Is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hounder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and mpolaium to which she good sm subject. The Seller shall execute and deliver such documents as may be required to elect or evidence compliance. All laws and required— required to be ncorpomted in agreements of his character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser, handless from all costs and damages suffered by the Purchaser as a result of 'he Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall cosign transfer, or resurvey this order, or any names due or to became due hereunder without the prior warren consent arthe other rely. 10. TITLE. The Seller wamnB full, clear and unumbeicred title to the Purchaser for all repayment, materials, and items famished in perform liens, of this agreement, free and clear of any and all restrictions, resenatione, security interest encumbrances and claims of others. acquired under federal or stem antitrust laws for such overcharges relating to the indicator goals or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date da be, agreed upon by the Purchaser and the Seller, and the Seller Hereafter indicates its imbiliry or unwillingness to comply, the Purchaser may cause the work to be performd by she most expeditious means available to It, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any her Tom all liability cod claims of any nmure resulting farm the prufnnuna oferch work. This release shall apply even in the event of fault of negligence of the pany relented cod shall extend in the directors, officers and employees of such party. The Settees conteactml obligations, including wi raary, shall not be deemed soh reduced, in any way, became such work is performed or caused la be performed by she Forchastt. 14, PATENTS. Whenever the Seller is required no use any design, device,.medal or process covered by larm, patent, tmdmank or copyright, the Seller shall indemnify and save hnmless the Purchaser main any and.11 claims for infingrmenl by reason of the use if such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser for any cost, expense or damage which a may be obliged 1. pay by ..,on of such infringement at any time during the prmecmion or after the completion of the work. In case said equipment, or any pan thereof or she intended rise of rise goons, is in such suit held to constitute infringement and the toe of said apartment or par is enjoined, the Seller shall, at its own eapenm and at its o ho% either procure for the Purchaser the right to continue using said epuipmem car pats, replace the same with substantially ryual bur noninfringing equipmms or modify it sec it becomes noninfn'nging_ 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far the benefit of meadows, appoint a ctrusteeortrustee for any of the Sellers property or business, this order may forthwith be canceled by she Purc haser without liability. 16. GOVERNING LAW. The definitions oftemu used or line transformation ofthe agreement and the rights ofall Forms researcher shallh mnstmed under and governed by the laws of the State ofColondo, USA. The following Additional Conditions apply only in cases where the Seller ii at perform work hereunder, including the services of Sella Represevativets), on the premise, ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is filly artificial and accepted, and shall, in e of any arcidenl, destruction art injury to the work and/or materials before Sellers final completion and acceptance, complete the walk . Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for oscillation or emction by the Seller, the Seller shall receive, unload, store and handle same or the site and become responsible therefor m though such mment andtar equiptrtom wm being fi.l ed by she, Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including rccupationm disease heart,., to its employees employed on or in connector. with the work covered by this purchase order, andhor 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 induding, bur not limited to, contractual and automobile public liability insurance with hulily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sella or his coutradow, employees shall do any work upon the premises of others, the Sever shall famish the Purchaser with a cerificme far such ..,.,a.. and insttmnce Jesse been provided. Such cendfcams shall specify des dare when such ompensation and insurance have ban provided. Such cmificates she][ specdfy the date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after drc moire work is completed and aceeped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss a injury army kind or nature whatoeva to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees war and against any and all claims, lasses, damages, lear[ or expenses, whether direct or Rattan, and whether to persons car rampart to which me Purchaser may h put or subject by reason of any act, action, neglect, omission a defeats on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In ease any suit in other proce dings 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 art default of the Seller of any of his contractors many of it a their often, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllers own expense, to pay any and all casts, charges, cour s fees and other expenses, any and all judgment, thin may be incurred by or obtained against the Purchaser or any of its or their oRca, agents or employees in such suits or other Perko ngs, and in case judgment or other lien be placed upon or obtained against the property i fthe Purchma, art said Panics in art as a onalt of such suits or offer proceedings, the Seller will at once rouse the same in be dissolved and dischmgN by giving boa in otherwise. The Seiler and his contractors shall take all salty pre a h oar, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard in safety inching, but without limi.tion, the Occupational Safety and Health Act of 1970 and all roles and regulation small pursuant thereto. Revised 03R010