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HomeMy WebLinkAbout521902 WRIGHT NATIONAL FLOOD INSURANCE COMPANY - PURCHASE ORDER - 9143988 (2)PO PURCHASE ORDER 914398er Page C.It�/ of PURCHASE 3988 t of 2 ' `tCollins( This number must appear �I " on all invoices, packing sli s and labels. Date: 07/16/2014 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 3 Invoice No. 31441116 1 LOT EA 1,215.00 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@fcgov.wrn Total Pay terms net 30 days Invoice Address: 1.215.00 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 suture the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-trial Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of fie Purchaser to insist upon strict performance abuse terns and compares hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeou 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 transit, may be command to you for credit and are not to be microbial except upon receipt of written Purchaser to insist upon strict Performance hereofor any antics rights or rem dies as to any such goods, regardless imps crime from the City affect Collins. of when shipped, received or accepted, as to any prier or 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 Ford Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order run result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. Howeverto , it is to be understand thatFINAL Seller and the Purchaser recognize that in actual economicgea practice, o ercharresulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures- violations are in fact home by the Purchaser. Theretofore,forgeed cause and as consideration for executing this purchase ordeq the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F OD, City of Fort Collins, 700 Wood St, Furt Collins, CO 80522, unless acquired under federal or state antitrust laws for such overchages relating to the promemae goads or services otherwise specified on this order. If permission is given to prepay freight and charge sepvputely, the original freight purchased or acquired bythe Purchaser pursuant to his .chase undin, bill must accompany invoice. Additional charges for parking will not be accepted. Shipmem Distance. Where tnanufacmrers have dlst timing points in cournme, pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments we made from greater distance. Permiu. Seller shall preen¢ ar sellers sole cost all necessary permits, certificates end licenses co uirtd by all ,,[.cable laws, regulations, ordinances and rules of the state, municipality, terrimry or mid rat subdivision where the work is performed, or required by any other duly constituted public pathway havingjurce iction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss tied by trea hem by son of an assured or established violation of any such laws, regulations, ordinances, pules anrequirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona Ede and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance as the teems and conditions stated herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or different firms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your Promised delivery date as acted. Time is of the essence, Delivery and performance must be effected within the time stated on the purchase order and the documents attached herear No act of the Purchasers including, without limitation, acceptance of partial late did vence, 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, the 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 due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priomies, fires, strikes, flood, epidemics, wars or riots 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 date of delivery shall be extended for the peed equal to ate time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted standards for work of a -similar nature. The Seller agrees to hold the purchaser Mmdess from any loss, damage or expense which the Purchaser may suffer or now on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Formed of time as may be prescribed by law or by the teems of any applicable warranty provided by the Seller for the dap of acceplancc of the goods finished hereunder Piscataway not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as othewise provided in this purchase ordeq the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or guarantees, bra such liability shall in no event include loss ofproflts or loss afore. 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 carmen change or 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, 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 of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement an, to any or all portions 0f the goads then not shipped, subject o any equitable adjustment between the ponies as to any walk or materials two in progress provided that the Purchaser shall not be liable for any claims for wricipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made is favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofiber, obhodames as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in sMct compliance with all applicable laws and nbututioas to which the goods are subject. The Seller shall execute and deliver such documents ex may be regmired to effect or evidence compliance. All laws and regulatimu required se be incorporated in agreements of his character are hereby incorporated herein 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 law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and umestrieted title to the Purchaser for ell equipment, materials, and items famished in performance of this agreement, bee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims adsorbent. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective gwds by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or wwillmaness to comply, the Purchaser may cause the work to be performed by the most expeditious meats 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 tier man all liability and claims of any nature resulting from the performance attach work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trdemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infrrigemem by noon of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged m pay by reason of with infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of flue goods, is in such suit held m constitute infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the Purchase r the right to continue using said equipment or pans, replace the same with substantially equal but combination equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a or trustee far aof the Sellers property or business, this order may, canceled forthwith be by the Purctruny haser without liability. UY GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be announced under and governed by the laws of Me State of Colorado, USA. The following Additional Conditions apply only in bases where the Seller is to perform work hereunder, including the services of Sellers Repreaenutive(s), on the premises of others IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any accident, destination 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 maurials and equipment are famished by others for installation or creation by the Seller, the Seller shall receive, unload, spore and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller under the order. 18. 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 covered by Ws purchase order, and/or to their dependents in accordance with the have of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, continental end automobile public liability insurance with bodily injury and death limit, of at least 5300,000 for any one person, S500,000 Orr any one accident and pmpeny damage limit per accident of 5400,000. The Sella shall likewise require his omramrs, if wry, to provide for such compensation and insurance. 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 certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation 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 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 of any kind nature whatsoever pens or property caused by or resulting from the execution ofthe work provided for in thisrtrso purchase order or in connection herewith. The Setter will indemnify and hold harmless the Purchaser and any ce all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persmu of property in which the Purchaser may be put or subject by reason of any act, 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 case 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 contraction or any of its or 'their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the more an the Sellers own expense, to pay any and all costs, 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 lien be placed upon or obtained against the property of the Purchase, or said parties 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, famish and install all goads necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including For without limitation, he Occupational Safety and Health Act of 1970 and all rules and regalatiam issued pursuant do retc. Revised 07/2014