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Home My WebLink About426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9144157PO PURCHASE ORDER 914415er Page CI'�/ of PURCHASE 9144157 1 of z C6rt Collins This number must appear ,�—J`_' ` �7 on all invoices, packing sli s and labels. Date: 07/22/2014 Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER CO 80223 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 1 2014 Bunker Gear INV 00539016_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 1 LOT LS 13,079.58 Total 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 1. COMMERCNI.DETAIIS. Tax exemptions. By statute the Ciry of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0e502. Federal Estate Tax Exemption Cenificame of Registry "-6000582 is registered with the Collector of board Revenue, Denver Colorado (Ref. Colorado Revised Surad. 1973, Chapter 39-26, 114 (o). Goods Rejected. GOODS REJECTED due to failure to meet speci ficatio., either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except open receipt of wdnrn instmmin. from Be, City of Fon Collins. Inspection. GOODS — subject o the City of Fon Collins inspection on annooL Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in authorized payment on the pan of the City of Fort Collins. However, a is coo be underslood that FINAL ACCEPTANCE is dependent upon completion of all applicable required insspection procedures. Freight farms. Shipments mast be F.O.B., City of Fart Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise specified on this order. If pemnission is given to prepay Height and charge separately, the original freight hill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufactums have distributing Points in various pans of the country, shipment is expected from the a areal distribution point to datimatiom and excess freight will be deducted f Invoice when shipments are made tram greater distance. Permits. Seller shall procure at sellers sole cost all necessary pemtis, ¢nifwtes and liccei requited by all applicable how,regulatio., ordinances and roles of the some, municipality, terrhory or political subdivision where the work is performed, or required by any other duly eximi.ted public smeam, having jurisdiction over the is .f vend.,. Seller further agrees 1. hold the City of Fun Collins finrmless from and against all liability and loss andincurred by them by reason of air asserted or established violation of any such laws, regulations, ordinances, roles requirements. Authorization. All parties to this contract agree that the representatives are, in fact, was fide and possess toll and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the corms and conditions stated herein set forth and any supplementary or additioal hams and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately il'you cannot make complete shipment to arrive on your promised delivery date as noted, lime is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No aces of the Preal secs including, without limilation, acceptance oriental late deliveries, shall apemen a a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and ryunable remedies, the option of placing this racer elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to muses mar..bly foreseeable which are beyond its reasorvabl, coal and witla d its fault .fin igence, such acts of God, as of civil or military authorirzes, gove.mcn d Ro nties, fires, stakes, flood, epbleame , wars or arcs provided that notice of the conditions coastal, such delay is given to the Purchaser within five (5) days of the time when the Seller fen received knowledge thereof. In the event of any such delay, the date of delivery shall R, extended for the proud ry..I in the fime.,.ally lost by .,an of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will earthmen 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 sataard for work of a similar rare. The Seller agrees to hold the purchaser harmless f any loss, damage or expense which the Purchaser may, coffee or incur on sec.. of the Sellers breach of wam.nty. The Seller shall replace, repair or lake good, without cost m the purchaser, any defects or faults arising within tame (1) year or within such longer period of time s, any be prescribed by law or by the teens of any applicable wananry Provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreawrebly delayed), resulting from imperfect or defective work done or materiels famished by the Seller. Acceptance or use of goods by the Purchaser slmll not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase maker, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing warranties or g...a,, but such liability shall in no ,of include loss of profls or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changesto legal terms by wnnen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal harms, including additions to or deletions from the quantities originmly ordered in the specifications or drawings, by vedvil or written change order. If any such change affects the amount due or the time of performamce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by winners change order, terminate this agreement W to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or .,costs than in progress provided tear the Purtbay. shall cot Be liable for any claims far anticipated profits oa the uncompleted portion of the goods ardfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such temnimation shall relieve the Purchaser or the Seller of any ofthen obligations in to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or reentrance is entered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goad sold hereunder shall have been produced, sold, delivered and fished in strict compliance with all applicable laws had regulations m which the good pa, subject. The Seller shall execute and deli,. such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpoeted in agreements or this character are M1ereby incorporated herein by this reference. The Sella agrees to indemnify and bald fee 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 may shall assign, retailer, or convey This oMer, ail any trades due in become due hereunder without the prior waimm consent of the other party. 10. TITLE. The Sella warrens full, clear and uveesmeed title in the Purchaser for all equipment, materials, and items famished in performance of this agreementk free and clear of coy and all liens, resmctiom, eons 6 , security inhrat encumbrance, and claims ofothers. I I. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, exercise acceptance of., payntem for good' hereunder or appmval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any an, of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as m any prior or subsequent default hertunda, nor shall any purported oral modification or rescission of this purchase order by Be Purchaser operate as a waiver of any of she terms h roof. 12. ASSIGNMENT OF ANTITRUSICLAIMS. Seller and the Purchase recognize deft to actual moaomic practice, Washing. resulting from amiwst violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration far 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 state antitrust laws for such overcharges relating 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 Parebaser direcs the Seller to correct nonconforming or defective goods by a time W be agreed upon by roe Purchaser and the Seller, mail the Seller thereafter indicates its imbiber or wwillingness to comply, not Purchaser may cause the work to be Performed by rise rower expeditious moves available to it, anti the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any mature Bantling from the performance of such work. T his release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otfcas and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or consul to M performed by the Fornicator, 14. PATENTS. Whenever the Seller is raryired to one any design, device, material or process covered by letter, paten, 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 such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser lie any cost, expense or damage which it may he, obliged to pay by reason cartoon infringement at any firm dorm, he prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the g.ad,, is in such soil held o continue 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 right to continue using said equipment at pans, replace the same with substantially equsl but noninffingsg Muipment, or modify it sa it becomes nonintHnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a ourawa or Iruslee for arty of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oforms used of he inerpromons Fthe agreement and me rights of all parties hereunder shall be consm td under head governed by the laws of the Sae ofColomdo, USA. The following Additional Conditions apply only in mines where the Seller is to perform work hereunder, including ace sm'iar orSeHas Represcnrarivgs), on one premise i fohan. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellas own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work maker materials before Settees final completion and ccepenre. complete the work in Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or enaion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, nt his own expense, Provide fen the payntem of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work mvared by this peaches, .ace. amkor in their dependents in accordance with the toes of the sate in which the work is la be done. The Sella shall also carry comprehensive general liability including, but not limited to. contraction] and automobile public liability insurance -ran bodily injury and items limits of at least 5300,mm for any one person, S500.000 for any one accident and property damage limit per accident of S40g000. The Seller shall likewise require his uco , if any, I. provide In such cumpa:orlon and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, theSeller shall famish the Purchaserythe with a certificate that ens compensation nandkrn and insurance have been provided Such c it specif shall specify the date when such compensation and expires, Tbce have been provided. Such certificma shall specify the time when such .,it site, are em1 a wark is expires. The Seller agora that such compersvrion and insurance shall M mainairred until after se rnrirt work u completed anti accepted. 19. PROTECUON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire —possibility and liability for any sad all damage, ]us, or injury of any kind or nature whosoever to persons or properly caused by or resulting from the execution of the work provided for in this purchase order a in connection herewith. The Seller will indemnify and held harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and of claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pat or subject by reason of any act when, neglect, omission or default oa the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ruse any suit or other proceedings shall be bmugM against the Parcharer, at its officer, agents or employees at any time on account or by reawn of any act, action, neglect, omission or default of the Seller of any of his canemaars or any of its or their officers, agents . employees as aforesaid, the Sella hereby agrees to assume fine defense thercof and ro defend dre same at the Sellers own expense, to pay any and all ants, charges, atmmrys fees and other expenses, any and all judgmenta that nay be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such .to or other proceedings, and in cans, 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 commetors shall take all safety preemptions, famish and indent all guard necessary for the prevention of accidents, comply with all laws and regulations with regent to safety including, but without reception, the Occupational Safety and Health Act of 1970 and all mla and regulations issued pusu h t thereto. Revised 0712014