HomeMy WebLinkAbout130682 FIRE & POLICE PENSION ASSN - PURCHASE ORDER - 9140024 (2)Fort Collins
Date: 11/20/2014
PURCHASE ORDER
Vendor: 130682
FIRE & POLICE PENSION ASSN
5290 DTC PKWY #100
GREENWOOD VILLAGE CO 80111-2721
PO Number Page
9140024 left
This number must appear
on all invoices, packing
sli s and labels.
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/03/2014 Buyer: DAVID CAREY
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR
YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A
PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS
AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum to add funds 1 LOT EA 27.000.00
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
$27
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 COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is
11. NON WAIVER.
9RT,150i Federal Excise Tax Exemption Cedifmte of Registry 84-6000587 is national with the Cullom, of
Failure of the purchaser to insist upon atrict perfornmce of the terms and conditions hetmf, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights of remedies provided herein or by law, laduar to promptly notify the Salter in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods R jectd. GOODS REJECTED due to failure W meet specifications, eiher when shipped err due to defects of
any of the warrantim or obligations of this purchase order and shall act be deemed a waiver of any eight of the
damage in vomit, may be occurred to you for credit and are not to be replaced except upon receipt of action
p uchem r to insist upon strict performance heeeof or any of its rights or remalies m to any such goods, regardless
instructions from the City of Fort Collins.
of whom shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchase: operate as a waiver of any of Ne toms,
Impectiaa. GOODS are subject to the City of Fart Collies inspection on arrival,
hacc f.
Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
of FCollins. However, it is to be understood that FINAL
authorized payment on the part of the City of
Seller and the Purchaser recognize that in actual tt is practice, overcharges resulting from antiamt
procedures.
ACCEPTANCE is dependent upon completion ofall applicable,required inspection procedu.
violations are in fact home by firePurchases. Theretofore, forgoodcause and as consideration for executing this
parches, order, the Seller hereby assigns to the Purchaser any and all claims it may now have or handier
Freight'1'ai Shipments must be F O.B., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal ar state ammust laws for such rvachargm relating W the patrimin goods or services
otherwise specified on this order. If Emission is given Ir prepay freight and charge separately, the original freight
purchased or required by the Purchaser pursuant W this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted
Shipment Distance. Where manufactures have distributing points in vaom parts of the country, shipment is
expected from the correct distribution Point to demarcation, and excess freight will be deducted from Invoice when
shipments me made from grate. distance.
Permits. Sella shall private at seller sole cast all necessary permits, cenificatm and travel required by all
applicable laws, regulations, ordivznem and rates of the sham, municipality, anndory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Callim harmless farm and against all liability and loss
unitrincurred by them by person of an assumed or established violation of my such laws, regulations, ordinances, tales
requirements.
Authorization. All parties to this contract agree that the representatives are, in fact. bona We and passess full and
complete autbmty W bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tertas end mnditiom stated
herein set forth and any supplementary Or additional terms and conditions annexed hereto Or incorporated herein by
reference. Any additional or different team and conditions proposal by notice are ablated to and hereby hijatd.
1. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted Time is of the essence. Delivery and performance most be effened within the time
,.in on the purchase order and the documents inewhd hereto. No aces of the Purchasers including, without
limitation, acceptance of paial lam deliveries, shall operate as a waiver artful provision. In the event ofany delay,
the Purchaser shall have, in addition m other legal and equitable remedies the option of placing this order elsewhere
and holding the Sellei liable far damages. However, Ne Shca shall not be liable for damages as a it of delays
due to on. not mmraably formceable which are beyond its reasonable central and witham its fault of negligence,
such acts of Gad, acts of civil or military authorities, gavemmenul priorities, fires, strikes, food, epidemics, wars or
riots provided that police of the eanditions coming sondelay is given to the Proxima within five (5) days of the
time when fire Sella rut received knowledge Brunei In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by man ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work aovered by this order will cant with applicable
drawings, specifications, samples amour 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 Sella signs to hold the proolumer harmless from any loss, damage or expense which fee
Porchasa may suffer at incur an account orde, Sellers breach ofwananry. The Sella shall replace, repair or make
good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the Nuts of my applicable warranty provided by the Sella alter the date of
acceptance of the good fmished bertueder (acceptance not to be unmsombly delayed), resulting farm imperfect
or detective work done or mammals thrashed by the Seller. Acceptance or one of goods by the Purchaser shall or
constitute a waiver of any claim under this warranty. Except re otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the bench of my of B¢ foregoing warranties
or gtearante s, but such liability shall in nor went include loss affinities or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaer may make changes W legal to= by written change order.
5. CHANGES EY COMMERCIAL TERMS.
The Purchasa may make any changes to the Means, other thin legal terms, including addition to or deldans from
the quantities originally ordered in the specifications or drawings, by verbal or woven change order. If any such
change affects the amount due or the time ofperf rromce hem nder, an equitable nljustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to my or all portion of the
goods then not shipped. subject Ip any climbable adjustment between the parties as to any work or materials than in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the sands moot work, far incidental or cmuwryantial damages, and Nat no such adjustment be made in
favor of the Seller wiN respect to any goods which are the Seller standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be external within thirty (30) days from the date the change or monfination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered ad fumishd in srict
compliance with all applicable laws and regulations W which the good are subject. The Sella shall execute and
deliver such dwvments as may he required W effect or evidma compliance. All Wxs and regulations required] to IN
incorporated in agreements of this character are hereby incoryomtted herein by this reference. The Seller agrees W
indemnify and hold the Purchaser harmless from all costs and damages enfieml by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pay shall asig4 another, or convey this order, or my monies due or or become due hereunder without the
poor written commt of the other party.
ILL TITLE.
The Sella warams full, clear and uvmstrinal title to the Purchaser for all equipment, mmenals, ad items fumishd
in performance of this moment, fine and clear of my and all licm, mtrinions, reservations, saunty imereal
ancumbmnces and claims ofothers.
13. EDRC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Him, Purchaser directs the Seller ro c rreea nonconforming err defenive good by a date to be agreed upon by the
Purchaser and the Sella, and the Seller importer indicates its inability or unwdllingness W comply, far Pmebasa
nay muse the work to be performed by the mast expeditious means available to it, and the Seller shall pay all
costs ussocimed with such work.
The Sella shall release the Purchaser and its contracmra of any an firm all liability and claims of any rerure
resulting farm the performance ofsuch work.
Ibis release shall apply even in the event of fault of negligence of she perry, released and shall extend to the
directors, officer and colik asofsuch Entry.
The Sellers contractual obligations, including warranty, shall not be dremd W be rcdveal, in any way, because
such work is Performed or mused la W performed by the Purchaser.
14, PATENTS.
Whenever the Sella is raluired to use any design, device, numrial or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the purchaser farm any and all claims for infringement
by reason of the me of such parented design, device, mmmial or process in connection with the contract, and
shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by ressnot of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any Pan tbemf 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 to nature using said equipment or parts, replace the same with substantially equal but
commiringing equipment, of modify it sec it becomes cominfn'nging.
15. INSOLVENCY.
If the Sella shall became insolvent or bmukrupt, make an assignment for the benefit of creditors, appoint a
meaver or trustee for any of the Sellers property, or business, this miler may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LA W.
The definition oftemb beat or the infi ffeashim of the egrcmnem and the rights oFail panic hereunder shall be
command under and governed by the laws ofthe Stale of Colorado, USA.
The following Additional Conditions apply only in mose, where the Sella is W perform work hereunder,
including the services Of Sellers Represenutive(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry an said work at Seller's own risk pool the same is fully completed and margin, and shall,
case ofany accident, disunionist m injury to the work another mstrat before Sellers Beal completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the PWchascr. When materials
and equipment ore famished by others for installation or va itn by tbe Seller, the Seller shall rcaewc, whom,
store and handle same at the site and became tap nscri thamfr, as though such matmals moor equipment
were being fmishd by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensatio4 including mcupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
anoor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall elm on, mmprchervive general liability including, bur not limited W, counicaual and automobile public
liability insurance with bodily injury and death limits of at least $3001 for any one person. S500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before my of the Seller or has contractors
employees shall do my work upon the premises of others. the Seller shall furnish the Pannier with a andifiote
that such compensation and insurance have been provided Such certificates shall specify the date when such
ompensmion and insurance have been provided. Such caificmes shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is compland and incepted
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby tax m the entire responsibility and liabilityfor any and all damage, loss or injury army kind
eta am whatsoever to perons or property caused by or resulting foes the examian of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or e.apemes, whether direct or indirect, and whether W person or property to which the Purchaser may
be put or subject by msun of any act, action, mr lea, omission or default on the part critic Seller, my of his
contractors, or any of the Sellas Or andem ass officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officer, agents or employees an any time an account or
by tmwa of my act. action, neglect, omission Or default of the Sella of my of his contractors or my of its or
their officers, agents or employees m aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend fire same at the Sellers own expense, to pay my and all costs, charges, frosty s fees and office expenses,
any and all judgments that may be command by or obtemal against Nc Purchaser or my of its or can oficers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon of
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 race muse the tame to be dissolved and discharged by giving band or ONerwix. The Sella and
has contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto.
Revised 0112014