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HomeMy WebLinkAbout521902 WRIGHT NATIONAL FLOOD INSURANCE COMPANY - PURCHASE ORDER - 9143988PURCHASE ORDER PO Number Page City. OfCollins 9143988 1012 ' `t ( V This number must appear " on all invoices, packing sli s and labels. Date: 07/15/2014 Vendor: 521902 Ship To: RISK MANAGEMENT DIVISION WRIGHT NATIONAL FLOOD INSURANCE COMPANY CITY OF FORT COLLINS PO BOX 33070 215 N MASON, 2ND FLOOR ST PETERSBURG FL 33733-8070 FORT COLLINS CO 80524-4408 Delivery Date: 07/15/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Invoice No.3144104 z Invoice No. 3144128 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.com LS 6,465.0000 6,465.00 LS 5,243.0000 5,243.00 Total Invoice Address: 1,708.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt rmm sec¢ and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption CeniOcme of Registry 84-6000581 is registered with the Collector of Failure of the Purchaser to insist upon side, performance of the terms and conditions hermf failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). rxrovkc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the ,an, of a breach, the acceptance of or paymern for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due m failure to area specification, either when shipped or due to defects of any of the warranties or obligations of this Purchase older and shall not he deemed a waiver of any right of me damage in mansit, may be mounted to you for credit and art not to be replaced except upon receipt of wdnen Purchaser to insist upon trader performance bassi for any of its rights or remedies es to any such goods, regardless instructions from the City of Fen Collins. of when shipped, meaved or acepted, as to any prior or Oftear eat default hereunder, mar shall my purported ore] modification or ¢scission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject as the City of Fon Collins inspection on arrival. hercrf. Final Acceptance. Receipt or the merchandise. services or equipment in respmts to this maker eau result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aphorized Payment on the pan of the City of Too Collins. However, it is to be understoed chat FINAL Sella and the Pushsscr rmagnim that in actual economic practice, a erchresulting rmm antitrust ACCEPTANCE is dependent upon completion ofa11 applicable requited inspection assimilates, '.[.to. arc in fact borne by the Functional. Theretofore. far good cause and as consideraaion fa, renaming this purchase order, the Sella hereby assign to the Purchaser any and all lain¢ it may now have or broader Fmi,h, Temss. Shipments ram, he ROD., City of ran Collins, toy Wood St, Film Collins, CO 80522, unless acquired under federal or stale maihh6t laws for such uvenhagn reining to the particular goods or services otherwise specified on this order. Upa,nission is given an p gay freight and change separately, Be original freight purchased or inquired by the Purchaser pursuant to this purchase older. bill must accompany invoice. Additional chances for mckime will not be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is espe red form the rmm, distribution point to destitution. mad excess freight will be deducted farm Invoice what shipments arc made from greater distance. Permits. Seller shall procure to sellers sale cost all meramry Famous, ttnificates and Is.s required by all applicable laws, regulations, ordinances and roles of the stale, municipality, territory or political subdivision where the work is performed, or required by my other duly counioned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Four Collins harmless fear and against all liability and lass incurred by them by son of an auened or established violation of my such laws, regulations, ordinances, rules d reason ox, iremenn. Authorization. All ponies to this compact agree that the reprezentences are, in fact, bona fide and possess full and complete authodry m bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits .'acceptance to the terms and conditions stated herein set forth and any aupplementary to additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller art objected to end hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimnaedoucly ifyou cannot make complete shipment to amve on your promised delivery date as :mend. Time is of the essence. Delivery and performance must be effected within the time stated on the purchnse order and the documents xrtachal hereto. No acts of the Purchasers including, without limitation, acceptance of pnnial late deliveries, shall operate as n waiver of this provision In the even, of any delay, ,he Purchaser shall have, in addition at Other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable nor, damages as a result of delays due to causes not reasnrubly foreseeable wbi,h are beyond its reasonable control and without its fault of negligence. such as of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, road, epidemics, wars or dots provided 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 dam of delivery shall be extended Suite period equal to the time actually has, by reason of lie delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this older will conform will applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree of are and competence in accordance with accepted standards for work of a wily ..,are The Seller agrees an hold the purchaser harmless from any lass, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Sella shall replace, repair m make goad, without cast to $e purchaser, any defects or faults arising within one (1) year or within such longer period or time as may M prescribed by law or by the terms of any applicable warrm,y provided by the Sella after the dam or inceptmtt of the goods famished heeunder (acceptance not to be unreasonably delayed), resulting f imperfect or defective work done or matedak famished by the Seller Acceptance or use of goods by the Porchaur shall not o,utime a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extaal to all damages proximemly caused by rate breach of my of the foregoing warranties or guammees, but such liability shall in no event include loss of prof x or lass of ran. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal It. by wOr. change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the ,emu, other than legal terms, including additions to or deletions from the quantities originally ordered in the spailiariom or drawings, by verbal or written change order. If any such change officers the amount due or the time of performance hereunder, an quiubl, adjustment shall be nude. 6. TERMMATIONS. The Pumhmer may at my time by women change older, mmhinam this agreement m to my or all Fractions of the good then not shipped, subject to any equitable adjustment between the parties as to any walk or materials then in progress provided that the Purchase, shall Out be liable for any claims for anticipated grafts ma the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which or, the Sellers standard stack. No such lamination shall relieve the Purolator or the Seller of any of their obligations for to any gook delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys tram the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Nmished in side( ttack.nce with all applicable laws and regulations to which the gaud are subject Ile Seller shall execure and deliver such documents as may be required m apart or evidence complimce. All laws and regulations captured to be incorporated in agreements of this character are hereby ineWearated herein by this reference. The Seller agrees to indemnity and hold the Purchaser hewlesa farm al I cosu and damages suffered by ,he Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this aide,, or any mania due or to become due hereunder without the prig, comen carom afthe older pray. 10. TITLE. The Seller warrants full, clear and unrenric,ed title to the Purchaser for all equipment, mmedals, and items fiunishod in performance of this agreement, fro and clear of any and all liens, restrictions, reservations, sawry interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coma nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may reuse the work to be pert ed by the mwt expeditious means mailable m it, and the Seller shall pay all casts associated with such work. The Seller shall releue the Producer and in contractors of my tier tram all liability aed claims of my metre resulting farm the performance of such work. This Odense shall apply even in the event of fault of negligence of ,he parry released and shall extend to the directors, oMet. and employees of such p ny. The Sellers contractual obligations, including warremy, shall not be deemed to be reduced, in my way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Sella is mccied m use any design, device, material or precess covered by lever, patent, trademark copyright, the Seller shall indemnify and sane loamlcxs the Pumh,,a Rom any and all claims for infringement by massin of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fur any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or toy in thereof or he intended use of the goods, is in such suit held to canstihte infringement and the use of said qinternal or an is enjoined, the Seller shall, at its ow'n 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 noninfringing qulpmenl, or modify it so it becomes msninfHnging. 15. INSOLVENCY. If the Seller shall become insolvent or banktup. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or basins, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temu moral or the interpretation afthe agreement and the rights of all parties hereunder shall be connoted under and governed by the laws ofthe Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including race smite, ofSellen Representarivash on the premises ofaNers. It. SELLERS RESPONSIBILITY. The Seller shall may on said work in Sellers own risk until fire same is fully completed and accepted anal shall, in use of my accident, destmnion or injury to the work unfair materials before Sellers Brat completion and acceptance, mmplem the work a, Seller', own expire and to the satisfaction of the Purchaser. Wren maredals and equipment are Garnished by others for installation or erection by Be Sella, dre Sella shall receive, unload store and handle same at the site and became responsible therefor as though such materials mNor equipment were being fmmished by the Seller under the older. IS. INSURANCE. The Seller shall, at his own expense, provide for able Payment of workers compemahon, including occupational dawave benefits, to its employees employed on or in rmmation with the work cos'aM by this purchase order, mad/or an their depaMmts in accordance with the laws of de, sure in which the work is to be done. The Seller shall also may compseha,uive grncrel liability including, but not limited to, contractual and aummmile public ],.bit,, iavumnee will bedity injury and death limits afar least 900,090 for any one panne, S500A00 for any one accident and prapevy damage limit per accident of S400,000. The Sella shall likewise acquire his racers, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the Practices of other, the Seller shall famish Its, Purchaser with a cerfifato that such comparison— and ianumnce have been provided. Such ca fficates shall specify no dale when such compensation and insurance have been provided. Such cenificata shall specify the date when such compensation and insurance expire. The Seller agrees that such corn accurion and insurance shall be maintained until after me 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 of any kind or nature whatsoever to persons or property caused by or mulling 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 r all of the Pumlmers 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 he put or subject by ammo of any act, action, neglect, madman or dc]bult oa the pan of the Seller, any of his contractors, or any or the Seaters or cantmcmts officers, agents or employees. In ruse say suit err other proceedings shall be brought against the Purchaser, or its officers, agenb 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 amforrtors 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 ail casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or 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 liar be placed upon or obtained against he property of the Purchaser. or said ponies 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 ciannaams shall take all safety pramoriom, famish aed recall oil guard naesmry for the prevent. of accidents, comply with all laws and regulmiom with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all sales and regulations issued pursuant therao. Revised 03R010