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HomeMy WebLinkAbout538378 FEDERAL RESOURCES - PURCHASE ORDER - 9143139Fort Collins Date: 06105/2014 Vendor: 538378 FEDERAL RESOURCES 377 LOG CANOE CIRCLE STEVENSVILLE MD 21666 PURCHASE ORDER PO Number Page 9143139 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 06/05/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 AbovetheLine/BelowtheLine Invoice #68768 dated 5/14/14 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 5,950.00 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By strame the City of Fort Collins is exempt from sfactud lorelaxe,. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchase to insist upon shoe, performance of the terms and conditions hereof, failure or delay to Interval Revenue, Dever, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a branch, the acceptance ofor payment for goods hereunder or approval of mdesign, shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure to meal specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tormar, may be fidumcd to you for credit and are na, m be mplaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City afford Collins. of when shipped, received or accepted, as to any prior m subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fart Collins inspection on mrivel. 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 part of the City of Fort Collins- However, it is to be understood thatFINAL Seller and the Purchaser recognize that in acmal a Overthrows is practice, o ee resulting from antitrust T ACCEPANCE is dependent upon completion ofalI applicable required inspection pmcedures. violations are in fact home by the Purchaser. Theretofore,nf economic good 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 Toms. Shipments must be F.O.B., City of Fort Collin, 700 Woad ST, Fort Collins, CO 80522, note. winner] made federal or sale antitrust laws for such overcharges rehaing to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and change separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for Trading will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have continuing mink in marine parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective gooda by a date to be a greed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchase and the Super, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser shipments are made from greater distance may cause (be wark to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Incas, regulations, ordinances vad Cale, of the smic, mmare,,cloy, temmry or political subdivision wine, the work is performed, an required by coy other only contributed public antlaway having jurisdiction over the work of vendor, Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss tri mmed by them by reason of as asserted or established violation of any such laws, regulations, ordinances, rules and requirement. Authorization. All probes to this contract agree that the representatives are, in fact bono fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Ord.. expressly torahs woftrance to the henna and condition. anted Retain set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and condition spmpasad by cello are abjected mend hereby jacted, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyeu cannot make complete shipment to strive oa yen, promised delivery data as noted. Time is of the essence. Delivery and perfomanee must be effected within the time ,rated on the purchase aide, and the due ... at, attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial ].to deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays doe to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such arc¢ of Cod acts ofeivil w military aurhnmies, g wemmea al priorities, fires, strikes, flood, epidemics, wars or riots provided that ..,are of the cambiums waning soda delay is given In the Purchase within five (5) it.,, of the time when the Seller fst received knowledge thereof. In the event of any such delay, the data 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 by this order will conform with applicable drawings, specifications, samples author other description given, will be fit I., the purposes intended, and Performed with the highest degree of care and wmpetenw in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or now on account of the Sellers breach of watmnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or 0vls mixing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the data of acceptance of the goods bottomed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Crashed by the Seller. Acceptance or use of goods by the Purchaser shall not rnstiane a waiver of any claim under this wonanly. Except as otherwise provided in this purchase mean, the Sell. liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warvnnies or guarantees, bat such liability shall in ao event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchoser may make changes to legal terms by walte, change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantiteeoriginally ordered in the specifications or drawings, by sabot mr wrinrn change order. If any such change affecs the amount due or the time ofpedorntance hereunder, an equitable adjustmentshall be made 6. TERMINATIONS. Ira Purchaser may at any time by written change We,, reunions, this agreement as to any or all porrons of the goads then not shipped, subject m any egnihale adjustment betweenthe parties as m any work or mateials then in progress provided ,bar the Purrchase shall not be liable for any claims for anticipated pro0s on the uncompleted pardon of the goods and/or work, for incidental or consequential damages, and that no such adjunmem be made in favor of the Seller with respect 1. any goods which are the Sellers stardom stock. Na such termination shall relieve the Purchaser or the Seller of any of their, obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which he good, are subject. The Seller shall execute and deliver such documents as may be paired to effect or evidence compliance. All laws and regulation required m be incorporated in agreemens of this character are hereby marrpomned herein by this reference. The Sell,, 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 law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this offer, or any monies due or to become due hereunder without the prior wriuen consent ofthe other parry. 10. TITLE. The Seller watmnts full, clear and unrestricted title to the Purehcow for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest mcumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and alwors of any nature resulting man the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party relamed and shall extend to the director, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, becanse such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheneverthe Selleris required in use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of suet, Femaled design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or d mage which it may be obliged to pay by reason of such infringement at any n me during the prosecution or after the completion of the work. In rase said equipment, or any pan thereof or the intended use of the goods, Is in such suit held to cuntitme inGngement and in, use of said equipment or pan is enjoined the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pads, replace the same with substantially equal but nonufnnging equipment, or modify it sic it becomes nwinfnfnging 15.WSOLVENCY. If the Seller shall become ii accout or bankrupt, make an assignment for the benefit of cre hour. appoint a receiver or tmaae for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser withom liability. 16. GOVERNING LAW. The defnlllons Of.. used or the interpretation fifths agreement and the rights of all parties hereunder shall be examined under and Protected by the laws of the Stare ofCcloado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the serviws i fSellers Romessawar d i), an theprcmis,s i famers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work wdrar materials before Seller's fwl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, ware and handle same at he site and become responsible therefor as though such materials and/or equipment were being furnished by me Seller undo, the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease bens[ts, to its employees employed on or in connection with me work covered by this purchase aide,, 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 lialMlry insurance with bo ily injury and micro limits of at least $300,000 for any one persoq EPID iam for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his automation. if any, an provide for such compensation and inumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a eeoifiente that such compensation and insurance have been provided. Such cenificares shall specify the date when such compensation and insurance have been provided Such cerfficas, shall specify the date when such co ng,nsiam. cod in expires. The Sal le ,as, Nat such eompen armn and Inurance 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, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of le, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold heard. the Purchaseand any r all of the Purchasers officers, agents and employees from and against any and all claims, [Ms., damages, charges or expenses, whether direct or indirect, and whether to penom or pmpmy to which the Purchaser may be in or subject by reason of any at, action, neglect, omission or default on the pan of the Seller any of his contractors, or any of the Sellers or contractors oINeers, agents or employees, In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on auown 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 Sellers own expense, to pay any and all cans, changes, amomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my 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 of the Purchaser, or said parties in or a, a result ofsuch suits or other pmceadings, 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, famish and bond all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to salary including, but without huriomm, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pureuant thereto. Revised 032010