HomeMy WebLinkAbout539985 THE MARTINET GROUP - PURCHASE ORDER - 9144159Fort Collins
Date: 07/23/2014
Vendor: 539985
THE MARTINET GROUP
1800 OAK ST, #311
TORRANCE CA 90501
PURCHASE ORDER
PO Number Page
9144159 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:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Disaster Finance&Cost Recovery 1 LOT LS 7,500.00
Invoice for July 2014
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
1. COMMERCIAL DETAILS.
Tax exemptions. By mature the City of Fon Collim is exempt tram auto and local mxa. Om Exemption Nomber is
98-04502. Federal Excise Tax Exemption Conductor of Registry 84-6000589 is regimaal with rise Collector of
Internal Revenue, Denver. Colamdu (Rell Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due ro failure rh men specifications, either when shipped or due to defects of
damage in transit. may be reramed to you fro credit and err not to be replaced except upon receipt of wafter
Instructions from the City of Fan Collins.
Inspection. GOODS are, subject o the City FFFOH Collins impaction on arrival.
Final Acceptance. Receipt of the merchandise, services or equlpm.n in response m this order can result in
authorized payment on the part of the City of Fort Collins. However, it is m be undersmad that FINAL
ACCEPTANCE is dependent upon completion of ail applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
uOerwim spaircd On his coda. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Addilinnal charges for packing will rmr be accepted.
Shipment Distance. Whore manufacturers have doributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be dductd from Invoice when
shipments an, made from greater distance.
Permits. Sella shall Immure at sellers sole cast all necessary permits, ecni0emes and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vend.. Seller further agrees m hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by reason of w assured or established viaticum of any such lows, regulations, odiator , roles
and requirements.
Authorization. All panda to this am,. agree that the representatives art, in fa, bona fide wal possess full and
ample authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance ta the IF. and conditions stated
herein set their and any supplementary or additional team and conditions annexed boom or incorporated herew by
reference. Any additional or different occurs and conditions proposed by seller arc objected to and hereby buried.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is cf the essence. Delivery it perfiencom must be, effected within the time
stated on the purchase order and the documents attached harem. NO nets of the Purchasers including, without
limitation, acceptance of pnniul late deliveries, shall operate as a waiver of this provision In the event hf wy delay,
,be Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
Find holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result hf delays
due to canes 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 prioities, fires, stokes, Bond, epidemics, wars or
lots provided Char 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 W
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella wounds that all good, articles, matere ss and work several by this order will conform with applicable
drawings, specifications, samples residue other descriptions given, will be fit for the purposes intended, and
perfmmal with the highest degree of rare Fad rompeteme in accordance with ace,sal standards for work of a
similar nature. The Seller agrees to hold the purchaser harmles from any loss, damage or expense which the
Purchase may suffer m incur w.. of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser. any defects or faults mixing within one (1) year or within sued longer paid of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably dclayd), resulting from imperfat
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
onstiture a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include less ofprofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, Other than legal terra, 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 alTects the amount due in the bore of pafomwce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable ndjmmteat between the Parties as to any work or materials then in
pra,mew provided that the Purchaser shell and be liable for any claims for anticipated Profits on the uncompleted
,onion of the gods anchor work, for incidental or consequential damages, Fort that no such adjustment be node in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such remthation shall reline
the Purchaser err the Seller of any oftheh obligations as to any goods delivered hertwde.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be weaned within thiry, (30) days form the date the change or termination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller ..,.art but all goods sold hereunda shall have bear produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be requird to effect or evidence compliance. All laws and regulations required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cos, and damages suffered by the Pualasa m a nmuh of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Nentha party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
pior water cement of the other parry.
10. TITLE.
The Sella wanes, full, clew mud vuresormal title to the Patches. for all equipment. materia,, and items fmisbed
in parbouncianto of Nis agreemen5 from and clear of any wad all liens, Hemism am, reservations. security on.
ercumbrances and claims o f others.
11. NONWAIVER.
Failure of toe Purehoser to gains upon social performance of rise team and conditions hereof, failure in delay to
exactse any rights or remedies provided herein or by law, Nilore OF Prani aotify the Sella in she evens of a
board, the acceptance for Wyment for goods herewda or approval oftbe radio„ shall not.1. the Sella of
any of the warranties or obligations of Nis purchase order and shall rot be clamed a waiver of any right of the
purchaser to moor upon strict pert hereof or any of its rights or remedies OF to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any putpored
nor modification err racissimi of this purchase order by the Purchaser.,cram as a waiver of any of the it.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in acmal a m is practice, overcharges resulting from antitrust
viclorms me in fact home by the Purchaser. Theretofore forgoodarse and as comidem m. for o,cani.g this
purchase order, the Seller hereby mentors to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sure 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 PurcM1mer directs the Seller m cone' noneonfewor, or defective goods by a dare to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditions means available to it, and the Sella shall pay all
costs awaristed with such work.
The Sella shall release the Purchase and its contractors of any tier from all liability wad claims of any, nature
resulting from the, performance of such work.
This release shall apply ocn in the event of fault of negligrnce of use party newsm d and shall extend no the
directors, officers and employees of such party.
The Selleca chnlradual obliginime, including wamnry, shall coot be deemed to be confused, in any way, because
such work is performed or mused to be perfhrmal by the Purcbaur.
14. PATENTS.
Whenever the Sella is required or use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchase, from any and all claims for infringement
by Twearn of the use of such parented design, device, mad ial or process in connection with the contact, and
shall indemnify the Purchase far any coal, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the porsautihn or afar the completion of the work. In case said equipments or
any part thereof or the intended am of the .nods, is in such suit held 0 constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noniniringing equipment, or modify it w it becomes noninfinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assigmnent for the bone( of mediums, appoint a
receiver or trustee for any of the Sellers property or business, this Order may forthwith be canceled by the
Purchaer without liability.
16. GOVERNING LAW. -
The definitive; oficerm word or the interpremtion of the agreement and the rights of all parries hereunder shall be
comtrual under and governed by the laws ofe Stare of Colomdo, USA.
The following Additional Condition apply only is vases where the Seller is to perform work hereunder,
including the s rvica of Selles Represevrative(s), by the premiss ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk cord the more is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work sadism materials before Seller's final completion and
cmeptancq am,lno the work at Sella, own expense and to the satisfaction of the Pummaer. When materials
and equipment art famished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become respunsible therefor as though such materials and/or equipment
were being fumishal by the Seller under the order.
I& INSURANCE.
The Sella shall, at his own expense, provide for due payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with me work covered by this purchase order,
ai On their depend,., in accordance with the laws of the state in which the work is m be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bWily injury and death limits of m lest S300.p]o for any one Person. SwO.IXp for any
one accident and p.,Hy damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, so provide for such comp rc mica and insurance. Before any of the Sellers m his contractors
employees shall do any truck upon she premises of others, the Sella shall famish the Purchaser with a cenifira¢
Hart such wmpenwtion a s, insurance have how pmvidd. Such certificates shall specify the d:ue when such
compensation and insurance have been provided. Such certificates shall specify the dame when such compensation
and insurance expires. The Sella agree, chat such compensation and insurance shall be maintaind until after the
entire work is compled and mcepted_
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility ad liability for any and all damage, loss or injury ofery kind
or moue whatsoever to persons or property caused by in resulting from the execution of the work provided far in
this pareMse order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and may
r all of the Purchasers oMr., agen, and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons in 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 Sells or contractors of viers, agents or employees. In asi, any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account m
by reason of any ant, Orion, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to ... the defense thereof and m
defend the more at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments the may he incurred by or obtained against the Purchwoa err any of its or their officers,
agents err employees in such suits or other praedings, and in case judgment or other lien be placed upon or
obtained against the property of the franchiser, or said parties in or as a result of web suits or other proceedings,
the Sella will at once cause the From to be dissolved and discharged by giving bond or othawne. The Sella and
his contractors shall take all safety precautions, boorish mall Forest] all gumdr m mmon, for the prevention of
accidents, comply with all laws and negotiations neigh regard to safety including, but without limitaiov, the
Occupational Safety and Health Act of 1970 and all rates and regulations icstted pursuant thertm.
Revisal 07n014