HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9144155Fort Collins
Date: 07/22/2014
PURCHASE ORDER
Vendor: 426136
MES - ROCKY MOUNTAINS
700 W MISSISSIPPI AVE BLDG E, UNIT 6
DENVER CO 80223
PO Number Page
9144155 1012
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY OF FORT COLLINS
P O BOX 580
FORT COLLINS CO 80522
Delivery Date: 07/22/2014 Buyer: WILSON, JILL
Note: Pricing Per National Purchasing Partners Cooperative Pricing Discounts.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2014 Bunker Gear Order 1 LOT LS 41,418.67
INV 00539259_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
Pay terms net 30 days
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collim is exempt farm sure and local taxes. Our Exemption Number is
98-I4502. Federal Excise Tax Exemption Confirm, of Registry 84b000587 is registered with the Collector of
Inemal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
damage in transit, may be retumeJ to you fir credit and are or no be replaced except upon receipt of written
instructions from the City a(Fort Collins.
Inspection. GOODS are subject to the City of 1'on Collins inspection on radical.
Final Acceptance. Receipt of the merchandise, survice, or aluipment in response to this order can
result in
amhorigd payment on the pan of He City of Fort Collins. However, it is to be understood thaFINAL
ACCEPTANCE is dependent upon completion craft applicable required inspection procedures.
Freight Terms, Shipments most be F.O.B., City of Tom Collies, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified mo this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charm for packing will get be accepted.
Shipment Distance. Whom manufacturers have distributing points in carmas parts of the country, shipment is
expected from the nearest distribution point to destination, and excess fteigd will be deduced from Invoice when
shipments me made [rum greater disen t.
Permits. Seller shall pmcure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the sure, municipality, tenimry or political subdivision where
the work is performed, or required by any other duly constituted public authority having juri shatio s over the work
of vendor. Seller further agrees to hold the City of Fort Collins made. farm and against all liability and loss
incurred by them by maxim of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
AuNoriamiun. All panes to this contract agree shot the repmeadarives are, in fact, bow Fide and possess fall and
complete inumriry to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions surd
herein act both and any supplar anary or Adiional to= and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejaded.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGRN'I' immediately if you commit make complete shipment to arrive era your
promised delivery date as poled. Time is of the essence. Delivery and performance must be effected within the time
stored on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
lmoinim. aceeduara afpartial ]me deliveries, skill 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 Sella shall or be liable for damages as a result of delays
due to causes get measurably foreseeable which are beyond its reasorabhe control and without its fault of negligence,
such acts of God, acts ofebrd or military authorities, gewco menul priorities, fires, mrlkea, flood, midian es, wars or
nou provided dot notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller forot received knowledge thereof. In the event of any such delay, the due of delivery shall be
extended for the period rymI to the time mreally loss by reaon office delay.
3. WARRANTY.
Time Seller worams that all goods, aricles, 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 care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser bootless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the puahacer, any defects or faults arising within one (1) year or within such longer grad of
time ns may be prescribed by law or by the term of any applicable warranty provided by the Seller after the date of
acceptance of the goods f fished berms der (acceptance not to be unreasonably delayed), resulting from imperfect
or defecive work done or materials famished by the Sella. Acceptance or use of goods by the Funafuti shall nor
consriute a waiver ofaoy calm under this warranty. Except as otherwise provided in this purchow order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the featuring ismramies
or guarem., bar such liability skill in no an, include loss ofprofm or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CI)ANG ES IN LEGAL TERMS.
The Purchaser may make changes to legal lemur by written change order.
5. CI IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the eats, other than legal terms, including additions to or deletions fmm
the romantics originally ordered in the specifications or timorous, ous, by verbal or written change order. If any such
change affecns the amount due or the time of performance hereunder, an aquiuble adjustment shall b, made.
6. TERMINATIONS.
The purchaser may or any due by written lunge order. emdmm Nis egreemed m to any or all potions of rM
goods then not shipped, subject to any equitable adjustment bemecn the panda is to any wod or materiak then in
progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted
Portion ofthe goods and/or work, for incidental or canttquential damages, and that no such Adjustment be made in
favor of the Seller with respecuo my gads which art the Sellers standard stock. No such termination shall refit c
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far odjosmoem must be asserted within 'bitty (30) days tin. the Jane the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all gads sold hereunder skill have been prdmed, sold, delivered and famished in strict
compliance with all applicable laws and regulations ro which the good are subject The Seller shall execute ad
deliver such doctunmts as may be retired to drect or evidence compliance. All laws and regulators nexpead to be
incorporated in agreements of this charecter arc hereby incar,mmed herein by this reference. The Seller agrees to
indemnify ad hold the Purchaser harmless from all costs and damages suffered by the Pumbaser as a revolt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, rnrsfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other patty.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in paf nei of this agreassers, fi se and do. of my and all liens, restrictions, reservations, security interest
encumbrances and claims of offers.
ILNONWAIVER.
Failure of the Purchaser no insist upon strict performance of the temss and conditions hereof, failure cur delay to
examise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not release, the Seller of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as m any such goods, regardless
of when shipped, received or accepted, is to any prior 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 team
hereof,
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual ee is practice, overcharges resulting from antitrust
violatios, are in fact borne by the Purchase. Theretofore, far ugoad caw and as consideration for r-a ming this
purchase order, the Seller beteby assigns to the Purchaser any and all claims it may now, have or hereafter
acquired under federal or state antitrust laves for such overcharges relahng to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to comer nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs easwimd with such work.
The Seller shall release ffe Purchaser and its cmntecters of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the pry released and shall extend to the
directors, officers ad employees of such patty.
The Sellout's contmaml obligations, including warenry, shall not be deemed to he reduced. m any way, becanse
such work is performed or caused to be performed by the Pumha our.
14. PATENTS.
Whenever the Seller is rcyuired to use any designs, device, materi l or process cm'eed by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infifirgemml
by moue of the use of such patented design, device, material or process in curaccu on with the coatrad, and
dial I indemnify the Purchaser for any coal, expense or damage which it may be obliged to pay by reason of such
inliingemem at any time during the prosecution or after the complaien of the work, lit case said ryuipment or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option. either procure for the
Purchaser the right in continue using said equipment or parts, replace the same with substantially equal but
noninftinging equipment, or modify it so it becomes noninfringing_
15. INSOLVENCY.
If the Sella shall become insolvent or bandupt, mule an assigmm ssn for the benefit of creditors, appoint a
or
buss', for any of the Sellers property or business, this odes may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defiefters ofoorem used or the inteTremtion of the agreement and the rights of all parties hereunder shall be
can timed under and governed by the laws of the Sum of Colorado, USA,
The Hollowing Additional Conditions apply only in cases where the Seller is to Perform work hereunder,
including the services of Sellers Represenutive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until due more is fully completed and accepled and shall,
in se of any recidenp destruction or injury to the work ardor materials before Sellers fowl completion and
aceepsime, complete the work or Sellers own expense and to flue mtisfachum of doe Purchaser. When couni B
and equipment are famished by others for installation or manna by the Seller, the Sella skill receive, unlmd
sure and handle same at the site and become responsible therefor as though such numm d, andfor equipment
were being famished by the Seller under the media.
18. INSURANCE.
The Seller shall, at his own expense, provide far the paymem cif workers compensation, including occupmionel
disease benefits, in its employees employed on or in connection with the work covered by this purchase order,
maker to their dependents in accordance with the laws of the stale in which the work is m be done. The Seller
shall rise cart' comprehensive gencml liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300," for any one person, $500,000 for any
ate accident and property damage limit per accident of S400,000. The Seller shall likewise rexpire his
contractors, if arty, to provide for such compsrualion and imu2nce. Before any of the Sellers or his contractors
employees shall do any work upon the promises of orders, Joe Seller shall famish the Purchase wild a certificate
that such comprnsadon and imurarce have been provided Such cetifcates mall specify me time when such
compensation and insurance have at provided. Such certificates shall specify the date when such compereamon
and insurance expires. The Sella agrees that such compewtion and insurance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sel let hereby assumes the entire responsibility and liability for any and all damage, loss or injury nf—y kind
nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith, The Seller will indemnify and had hairless the Purchaser and any
r all of the Puatbaers 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 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 oNcoo, agents at employees. In case any suit or offer
proceedings shall he, brought against the Purchases. or ins officers, agents or amployecs at any time on account of
by reason of any mL action, neglect, omission or default of the Sella of my of has contractors or my of its or
their officers, agents are employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers oxen expense, to Ray any and dl costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or thew officers,
agents or employees in such suits m other proceedings, and in case judgment or offset lien he placed upon or
obtained against the property of fire purchaser, 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 inmall all gmrds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without founded, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 072014