HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9144156Fort 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
9144156 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: 07/22/2014 Buyer: WILSON, JILL
Note: Pricing discount per National Purchasing Partners Cooperative GPO
Line Description Quantity UOM Unit Price Extended
Ordered Price
New Hire Bunker Gear 1 LOT LS 6,539.79
INV 00533953_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
Total $6,539.79
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
L COMMERCIAL DETAILS.
Tax exemptions. By slatme the Ciry of Fort Collins is exempt form sate and local taxes. Our Exemption Number is
98-W502. Federal Eacixe Tax Exemption Certificate of Registry 84-6000587 is registertd with the Collector of
Internal Revenue, Dame, Colorado (Ref. Colorado Revised Smwa 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure as mot specifications, either when shipped or due to defects of
damage in uanrit. may Im resumed to you for credo, and are oat 1p be replaced except upon receipt of wrinen
instructions from the City of Foot Collins.
Inewo.n. GOODS are subject to the City ofr.. Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order oun result in
authodeed payment on the pan of the City of Fort Collins. However, it is to be understood flow FINAL
ACCEPTANCE is dependent upon completion of all applicable requital inspection procedures.
Freight Teens, Shipments most be TOM, City of Fort Collins, 700 Wood St., Tom Collins, CO 80522, unless
otherwise specified on this order. Hpemnission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment DiFmse Where counfinnumis have distributing points in varions pans of the country, shipment is
expected from the nearest distdb niw point to destination, and excess freights will be dent mcvl from Invoice when
shipment are made from g.,a, distance.
Pennons Seller shall prevent at sellers sole cost all necessary Famous, certificates and licenses required by all
applicable laws, regulaians, ordinances and rules of the stare, municipality, territory or political sumn,u on where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees 10 hold the City of I. Collins harmless form and against all liability and loss
mommend by them by reason of an asserted or established viclaion of any such Laws, rtg.lipiwo, mdiwwn, rules
and requiremen..
Amborivtion. All parties to this contract agree that the Iepmsentatives are, in fart, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional alas and conditions annexed hereto or incorpoamd herein by
reference. Any additional at differenrte on, and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the asscntt. Delivery and performance must he effected within the time
sated on the pumhase order and the documenas atached harem. No act of the Purchasers including, x'ithout
limitation, acceptance of partial late 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, the option i f placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages to a result of delays
due to causes not reasonably forcaeeable which are beyond its reasonable control and without its built ofnegligance,
such acts of God, acts of civil or military authorities, govemmenttl priorities, thee, strike, hood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Seller firs) received knowledge thereof, In the event of any such delay, the doe ofdelivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other descriptions given, will be N for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
-molar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or iacur on avo wt of fie Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser. any defers or haul, tensing within one (I) year or within such longer period of
time as may ba presented by law or by the terns army applicable wamartty provided by the Seller after the date of
acttptwtt of the good famished hertwder (ccepaance not to be wuum.My delayed), tainting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a water, crony claim under this warmeary. Except as otherwise provided in this purchase order, the Sellers
liability hereunder stall extend 1. all damages pnoximamly towns] by the breach of any of the foregoing warranties
or Resonances, but such liability shall in no event include loss of profits or lass 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 terms by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS,
Ile Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from
11m quantifies originally ordered in the uPecifivmiom or drowings, by verbal ,, w'rumn chmnge order. If any such
change affects the amount due or the time of paformwee hommudaa an equitable adjusm,n t shall be mode.
6. TERMINATIONS.
The Purclower may at any time by written change order, terminate this agreement to 1n any or
all Pommen of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplcted
portion of the goods and/or work, for incidental or consequential damages, and that no such edjustmen, he made in
favor of the Seller with respect to any goods which are the Sellers standard! stock. No such omn owsm shall relieve
the Purchaser or the Seller army of their oblipman, as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for whennuent must be asserted within thirty (30) days from the date the change or recitation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamos that all goals sold lterewder shall have been produced, sold, delivered and funnished in wool
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as nay be required an effect in evidence compliance. All boos and regulations required to be
incorporated in e,..a. of this character ere hereby inew morn ed herein by this reference. The Seller agrees 1d
indemnify and hold de Punctuator homeless form all owns and damages suffered by the Purcbaser as a result of the
Sellers fbilum to comply with such law.
9. ASSIGNMENT.
Neither pany shall assign, wnsfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other Party.
I TITLE.
The Seller warrants full, clear and unrestricted title to de Purchaser for al I equipment, materials, and items Burnished
in performance of this agreement, free and clear of any and all liens, restrictions, resommions, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon stria performance of the terms and contdtions hi failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the term of a
breach, me acceptance of or WMen, far goads hcremac, or approval of me design, shall not release de Seller of
any of the womnties or obligations of this purehau order and shall wan be deemed a waiver of any right of the
purchaser to insist upon muct performance hermfor sty of im rights or remedies as to any such goods, tegardla n
of when shipped, received or accepted, as to any prior or subsequent default hmundea we shall any puryoned
cost modification or rescission of this purchase order by de Purchaser operate as a waiver of any of the tents
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purebaser recogn n, ,hat in actual re is practice, overhacrges resulting from worn,
violations are in fact home by the Purchaser, Thcrcicum for tgood cause and as crnsidemtion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or slate antitrust laws for such commutgrs relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURC14ASERS PERFORMANCE 017 S17LLERS OBLIGATIONS.
❑The Purchaser courts the Sol let it, correct nonconforming or defective geed by a date to be agreed upon by the
Purchaser and the Seller, and the Seller therindmr indicates its inability or unwillingness to comply, the Purchaser
any cause the work 10 br pufo-od by the most expeditious means available to it, and the Seller shall pay all
cos. aswiated with such work.
The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nstore
resulting from me pcfifomance ofsuch work.
This release shall apply even in the event of fault of negligewe of the party released arud shall exrord 10 the
directors, officers and employees of such party.
The Seller's contactual obligations, including wemnry, shall not be deemed 10 be reduced, in any way, because
such work is performed or caused to be performed Who Purchase.
14_PATENTS.
kk w—the Seller is rquired a use any design, device, material or pnuress covered by lever, paten, awamak
cor ropycl the Seller shall indemnify and save harmless the Purchase( from any and all claims for infnngemem
by re saw of the use of such perenind design, device, material or Process to connectiav with the comme, and
shall indemnify the Purchaser for 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 equipmen, or
any pat theteof or the intended me of the good, is in such suit held to constitute infringement and the 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 fight to continue using said equipment or pans, replace the same with substantially equal but
naninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmp, make an assignment for the benefit of credams, appoint a
or unstee for any of the Sellms property in business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterew used or the interpretation of the agreement and the rights of all parties hereunder shall he
continued wader and governed by the laws of the State of Colomdo, USA.
The fallowing Acoustical Con itios apply only in cases whim the Seller is to perform work hereunder,
including the services of Sellers Repmwsmaivo(s), on the premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the some is Polly completed and accepted, and shall,
in use of any acclden, destruction or injury to the work anndrm materials before Seller's fool completion and
wcemserev, complee fine work a, Saltines own expense end to the satisfaction of the FurcM1acr. Whom materials
and egmarent are furnished by others far installation ar erection by the Seller, the Seller shall receive, walead.
,sore wad handle same at de site and become responsible therefor as Nough such accounts wdim equipment
were being fmished by the SnIIw under the order.
18. INSURANCE.
The Seller shall, in 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 this purchase order,
and/or to their dependals in accordance with the laws of the sate in which the work is to be done. The Seller
shall also cant' comprehensive general liability including, but not limited to, contractual and automobile public
liability insoance with bodily injury wad demb lirmm of ar Ieaw E300,O.. for my one peaoq SSUgUUO far any
.no accident end prupeny damage limn, per accident of $400.000. The Seller shall likewise require his
contractors, if any, to provide to' 'rich 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 coapensaion and insurance have been provided. Such certificates shall specify the date when such
compensation and ir.umnce have been provided. Such cenificarss shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and Itermnce shall be maintained until ester the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility end liability for any and all damage, loss or injury army kind
or lane wha.never to persons or property caused by or resulting from the execution of the work provided for in
this pmrcham order or in connection herewith. The Seller will indemnify and bald mountain s de Purchaser and any
m all of the PmeM1asers oMae., a'a n s and e.Play. from and against any and all claims, losses, damages,
clsarges or expenses, wholm, direr, or odious, and whether to pe. or prupeny to which the Purchaser may
be pur or subject by reason of any act, action, neglect, omission or debate on the pan of the Seller, any of his
contactors, or any of the Sellers or contractors officers, agents or emple m& In case any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or
by reamn of any act, action, nrglac, omission or default of the Seller of any of Iris conlraston or way of is or
the. officers, agenb or c r,kiyeas as aforesaid, the Seller hereby agrees to assume the defense thermf and to
defend the same at the Sellers own expmtse, to pay any and all cos., charges, runways fees and other expenses,
way and all judgments that may he incurred by or obtained against the PureM1aser or any of its or their o?era,
agents or employees in such suits or other proceedings, and to case judgment or other lim to placed upon or
obtained against the property of the Purchaser, or said parties in or a a result of such suits or other proceedings,
the Seller will in once cause the slue to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take ell safety precautions, furnish and install all guard necessary for the prevcnomf of
accident, comply with all laws and regulations with regard in safety including, but without limitation, the
Oceupmlonc Safety and Health Act of 1971 and al I tales and regulations issued pmsua a thereto.
Revised 07/2014