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HomeMy WebLinkAbout521902 WRIGHT NATIONAL FLOOD INSURANCE COMPANY - PURCHASE ORDER - 9143988 (3)PURCHASE ORDER PO Number Page CI'�/ of PURCHASE 9143988 1 °r z ' `t Collins Ins This number must appear ` V ` on all invoices, packing sli s and labels. Date: 07/24/2014 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 4 Invoice No. 3144104 1 LOT EA 6,465.00 5 Invoice No. 3144128 1 LOT EA 5,243.00 6 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.com ilrxeylc11ii] 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.COMMERCIALDEfA1LS. i'as exemption. By statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry I L6rs)(PI / is registered with me Collector of Failum of the Purchaser in insist upon send performs ace of the turns and conditions beret failure or delay to bnerral Revenue, Denver, Coloado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), cxcmiw any righu or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepmnce of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due no failure m coed specifications, either when shipped or due to defects of my 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 returned to you far credit and are at to be replaced except upon receipt of wrinen Purchaser to insist upon strict performance hereofor any of to rights or remedies as to any such goods, regaNless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Trimmed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the remes Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchamliee, services or equipment in response m this oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart Colliers. However, it ism he understood that FINAL Seller and the Purchaser Pr olamin Nat in =War economicrc practice, oveharges resulting from antitrust ACCEPTANCE isdependeatupon completionofall applimblerauid Nm linspection praces. violations am in fact home by the Purchaser. Thermommfor good cones, and as consideration for executing Bans purchase order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter Freight Tears. Shipments most be ROD., City of Fon Collins, 700 Wood St., Fort Collins, CO 90522, unless mquid under fNcnl or sure anima Imes for such ovcrehages relating to the Particular goods or services otherwise specified on this oNer. If pemmourn is given m prepay freight and change separately, the ongiaai freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will rot be accepted. Shipment Distance. Where manufacturer, have dislri eing points in various parts of the country, shipmem is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all appliemle laws, regulations, orduc aces and wles of the sate, municipality, monetary or political subdivision where the work is performed, or required by any other duly cwnstimmd public authority havin f jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss ineurroxi by them by reason of an asserted or established violation of any inch laws, regulations, ordinances, mles and nopurmancons. Authorization. All ponies to this contract agree that the mpresenutivxs art, in finch berm ride and possess hill and complete mulamity to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terror and conditions stated herein set forth and any supplementary or additional terms and conditions amexed hereto or incorporated herein by reference. Any ack itnnal or different terms and conditions proposed by seller are objected to and hereby jmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Irwin cannot make complete shipmem no arrive on your promised delivery dale us noted. Time is of the esmm. Delivery and performance must he effected within the time statist of the purchase order and the documents attached berem. No acrs of the P chase. including, without lmulalim, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchase, shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Howovvr, the Seller shall Or be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable commit and without its fault of negligence, such aces of God, acts ofcivil or military authorities, governmental pnoritles, fires, strikes, Based, epidemics, wars or uors provided that notice of fee conditions causing such delay u given to the Purchaser within Five (5) days of the time when me Seller favor received knowledge thereof. In ❑e . of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of me delay. 3. WARRANTY. The Seller warms But all goods, articles, maenals 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall mplme, repair or make good, without cost to the purchaser, any defects at faults onsin, within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done m nationals Emoted by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim under this womanly. Except as otherwise provided in this purchase order. er, the Seller, iabiliry hereunder shall extend an all damage proximately caused by the breach of any of the foregoing warm lies or gemormiees, but such liability shall in no event include loss ofprofiu 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 changes to legal mom by women change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moon, Other than legal temps, including additions to or deletions from the ouvrouic, originally oNercd in the sperifcmions or drawings, by verbal or written change order. If any such change arrests the amount due or the time ofperformnnce hereunder, an equitable ndjustmcat shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrtten change order, terminate this agreement as to any or all parrons of the goods men not shipped, subject to any equitable adjustment bowmen the parties as to my work or matmisk Iran in progress provided for the Purchaser shall Out be liable for any claims for anticipated Woths oa she uncompleted pnnion of the goals =Nor work, for incidental or consequential damages, and that no such adjustment be made in favor of me Seller with respect to any goods which ere the Sellers sanded stock. No such termiaarion shall relieve the Purchaser or the, Sella of any ofdeeir obligations as to my goods deliveml hncunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adlustment most be asserted within thirty (30) days con the date the mange or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods ire subject. i'he Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this mfiareme. The Seller agrees 1. indemnify and hold the Purchaser harmless form all costs and damages suft ed by the Purchaser u a result of the Sellers failure 0 comply wide srich law. 9. ASSIGNMENT. Neither parry, shall assign, transfer, or convey this order, or any monies due or to become due hereunder wideom the poor written couexI ofine Omer patty. Ian. TITLE. The Seller warrants full, clear and umesnmed lisle no the Purchaser for all equipment materials, and items furnished in Performance of this agreement, free and clear of any and all Items, restrictions, reservations, secudty interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability a unwillingness to comply, she Purchaser may cause the work to be performed by the most expeditious means mordable to it, and the Seller shall pay all exits asao rased with such work. 'Far Seller shall release the Purchaser and its coonacfa of any tier from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in me evens of fault of negligence of fie parry released and shall extend to the directors, oliicers and employees ofsuch parry. The Series camaoal obligations, including.1y, shall trot be deemed to be reduced, in any way, because such work is performed or wosed to be Performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to rise any design, device, material or process owed by Tema, potent, trademark byeopyr, ighr, the Seller shall indemnify and one harmless the Purchaser from any and at I claims for infringm eent retain of the use of such retained design, device, mammal or process in connection with the contract, and .shall indemnify the Purchaser for any Mai, expense or damage which it may be obliged to pay by reason of such infringement at any time dune, the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to Marianna infringement and the use of said equipment or pan is enjoined, the Seller shall. ut its own expense and at its option, either procure far he Purchaser the right m continue in, said equipment or parts, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall assume insolvent or bankrupt, make an assignment for the benefit of creditors, appoint o receiver or =me for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offema used or the imerpreution of the agreement and me rights ofall parties hereunder shall be constmcd under and governed by the laws order State afCaloado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(,), on the premises ofmhars. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask until the same is filly mmplded and accepted, and shall, case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the week at Sellces own as,. and to the sansfactim of the Purchaser. When materials and equipment are furnished by others for instillation or enaction by the Seller, the Sella shall receive, unload. state and handle same al the site and become responsible therefor u though inch materials anWar equipment were being fumishcd by the Seller under the mdcr. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease berefts, to its employees employed on or in connection wi$ fee work coved by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is to he done. The Seller shall also tarty comprehensive om al liability including, but not limited to, Committed and automobile public liability insurance with bodily injury and death limits of at least 900,000 for any one person, 851111,0110 for may one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, 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 tam such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and raumnce expires. The Sella agrees that such compensation and insurance shall be maintained until after be entire work is cumplood mid accept. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire respnnsibiliry and liability fur any and all damage, lass or injury fany kind r atea whatsoever to persons m property coned by or ..If, from the execution ofdre work provided form this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers affects, agents and employees from and againr any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to Persons or properre to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on me 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 he Purchaser, or its efficient, .,ants or employees at any time on account Or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its Or their officers, agents or employees as Mont id, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay my and all roars, charges, atmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their onicm, agents or employees in such ado Or other proceedings, and in cue judgment or other lien be placed upon or obtained against the property ofine Purchaser, or said panic in or as a result of such suits or other proceedings, the Seller will at ome cause the same to be dissolved and discharged by gihdng bond or otherwise. The Seller and his contactors shall take all safety precaution¢, f ish and insall all guars nssessary for the prevention of accidents, comply with all laws and regulation with agar to safety including, but without foundation, the Occupational Safety and Health An of 1970 and all reles and regulations issued pursuant thereto. Revised 07/S014