HomeMy WebLinkAbout130682 FIRE & POLICE PENSION ASSN - PURCHASE ORDER - 9140025 (2)of
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
9140025 1of2
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
Ordered
Unit Price Extended
Price
2 Addendum to add funds 1 LOT EA
10,000.00
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.wm
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. COMMERCIALCOMMERC, DETAILS.
fax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. F'd—I Excise Tax Exemption Canificale of Registry 84.6000587 is registered with the Collector of
Inrtmal Revenue, Dense, Colorado (Ref. Colorado Revised Surma 1973, Cb as 39-26, 114 (a).
Goods Rejected. GOODS REIECTED due m failure 10 meet specifications, either when shipped or due to defects of
damage in transit, troy he rebound to you for Craft and are not to be replaced except upon receipt of wdtten
instructions from the City ofFort Collins.
Impaction. GOODS arc subject to the City of Fan Collins inspection an ameal.
Final Acceptance. Raeip, of the merchandise, sec or exuipment in response to this order can result in
ambmaed payment on the pan of the City of Can Collins. Roomette, it is la be understood that FINAL
ACCEPTANCE is dependent upon completion fall applicable required inspx. mprocedures.
Freight Teton. Shipments mast be F.O.B., City of Fan Collins, 700 Woad St., ran Collins, CO 80522, unless
mherwise specified an this order. If permission is given Or prepay freight and chmge sepaii the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacun- have distributing points in vision, pans of hie country, shipment is
otpecned from the nearest distribution point to da,bmtion, and mcess freight will In deduaw from Invoice when
shipments are made from Beata duunce.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations,.rdinancros and rates of the sate, municipality, but or political subdivision where
the work is performed, or nyuimid by any auto duly consumtd public ..,badly havingjudsdiction over the work
Of voodoo. Seller Posher agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
.it requirements.
Authorlmtion. All panics to this counsel apace that the repracrosrives are, in fan, bona Ede and possess full and
amplete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits mceptauv 1. the terms mud Conditions sated
herein to both and any supplementary or additional trmu and Conditions amexd harem or incorporated herein by
reference. Any additional or different corn¢ and conditions proposed] by sole, arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdutely ifyot canmt make opmpletm shipment r. arrive oa your
Promised delivery date as noted. Time is of the essence. Delivery and performance must M eflened within the time
stated on One purchase arda and the documents attached hereto. No acts of the Purchasers including, without
Initiation, acceptance of patriot late deliveries, shall operate m a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not the, liable for damages ss a result of delays
due 10 causes no, reasonably forceable which are beyond its reasonable control and without its fault of negligence,
such arts of God, acts of civil or military authorities, Sovemmenul priorities, fact, strikes, flood, epidemics, wars or
riots provided that main, of the Conditions rousing such delay is given to the Purchaten within five (5) days of the
time when the Seller first mcbmil knowledge lhrreof In the evmt artery such delay, the date of delivery shall be
extended for the peril a teal to the time actually lost by wason offr delay.
3. WARRANTY.
Fee Sella warrants that tell goods, articles, rru,eoaB and work n vend by this order will conform with applicable
drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and
perforned with the highest degree of care and Consent in accordance with accepted standard for work of a
mils romre. The Seller agues to hold the purchaser hamdow from say loss, damage or mpeme which the
Purchases may suff or incur on account argue Sellm beach Clammily. The Sella shall replace, repair or make
god, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time res may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder romplance not to be un ummoubly delayed), resulting from imperfect
or detective work done or materials famished by the Seller. Acceparce or use of good by the Purchases shall nor
constitute a waiver ofany claim under this waranry. Except as otherwise provided in this purchnse order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmares
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The P... how, may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally catered in the specifications or drawings, by verbal or wrihen change order If any such
change aHecta the amount due or the time of Performance hereunder, m equitable w1justmmt shall be male.
6. TERMDOATIONS.
The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided Out the Purchaser shall nor be liable far any claims far anticipated pmfiu on the unam plaed
Portion of the goods andor work, for incidental or consequential damages, and that no such adjustment ht made in
Favor .f the Seller with respect to any goods which are the Shcros standard stock. No such termination shall relieve
the Purchase, in the Seller ofany of their, obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for coronation most be asserted within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
ontplionce with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such docummu as may b, received to effect or evidence compliance. All laws and notations required ro he
ircu pouted in agreements of this character are hereby incorpora4d herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from .11 casts and damages suffered by hie Purchaser me a result of the
Sent— failure to comply with such Cow.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wnf,n consent oflhe.the, Party.
10. TITLE.
The Sella warms lull, Clear and Combined title to rate Purom a for all equipment, materials, and items furaishd
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, samnry interest
encumbrances and claims i fmhers.
11. NON WAIVER.
Failare of the Purchaser to insist upon strict performance of the hunts and Conditions hereof, failure or delay to
escrow an, rights or remedies provided herein or by law, failure a grumpily notify the Sella in the an of a
breach, the acceptance ofm payment for goods hereunder or approval other design, shall our release the Sella of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any eight of the
purchaser to insist upon strict performance hereof or my of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior an subsequent default forwarder. rear shall any purpond
are[ modification or «scission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual ecnis practice, overcharges resulting gram antitrust
violations are in fact home by the Purchaser. Theretofore,for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fedetal or sure antitrust laws for such overcharges relating to the Particular goods or services
purchased or acquired by the Purchaser pursuant to this purchae out
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifffe Purchaser directs the Seller W cored nonconforming or defective goods by a date to be agreed upon by hie
Purchaser and the Sella, and the Seller ffeeafter indicates its m ili On unwillingness to comply, the Purchaser
may Cause the work to be Performed by the most expeditious means available to it, and the Sella shot) pay all
costs associated with such work.
The Seller shall mines, the Purchaser and not ConR4rtors of any time from all liability and claims of any nature
mulling from the performance afsuch work.
This release shall apply even in the evens of fault of negligence of the party released and shall extend to the
directors, effects and employees afsuch parry.
The Seller's contractual abligmims, including warranty. shall not be deemed to be reduced, in any way, because
each work is performed or council to be performed by the Purchaser.
14. PATENTS.
Wbenrver the Seller is ragired to use any design, device material or process covered by lerev patent, rmdemmk
or copyright, the Seller shall indemnify and save hmnaless the Purchaser from any and at I claims for infringement
by reason of the sex of such punted design, device, material or process in eannenion with the contract, and
shall indemnify the Purchaser for any Cost, expense or dmage which it may be obliged to pay by reams of mch
infriogement at any time during the pmseculion or after the Compinion of the work. In case said yuipmenl, or
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and ,he use of
said equipment or pan is enjoined, the Seller shall, at its own expense Coed at its option, either Fracture for the
Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but
noninfringing ex rupmrnl, err modify it so it becomes noninrn'nging.
15. INSOLVENCY.
If the Sella shall become insolvmt or barrkmpt make an assignment for the benefit of neuron. aRpim a
receiver or trainee for any of the Sellers property or business, this order may foMwith be Canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of nun used or the interpretation ofee agreement and the rights of all panics heremda shall be
construed under and governed by the laws of the Some of Colorado, USA.
The following Additional Conditions apply only in Cases when the Sella is to perform work hereunder,
mult in8 the servicesof Sell—Represevtatiec(s), onthe Premises oOrthen.
IJ. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully compleld and accepted, and shall,
a. rase or soy accident, destruction or injury to the work andkor mmenafs before Sellers final .,I.. aM
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmerids
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site end become mponsible, therefor as though such maledals ands., equipment
were being famished by the Seller matter the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, w its employees employed on or in Connection with the work eoscred by this purchase order,
awfor as their dependrnts in accordance with the laws of the mule in which the work is to be done. The Sella
shall also Cary, comprehensive general liability including, but nor limitd as, conoracmd and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, 8500," for any
one accident and property damage limit per accident of S400000. The Seiler shall likewise require his
Common., Worry, to provide fro each compensation and insurance. Before any of the Sell— or his rnrgare ors
employees shall do any work again the prem[ses of others, the Seller shall Fort the Purchaser with a certificate
that such compensation and insumnce have been provided. Such certificates shall specify the date when such
ompensation and insurance have been provided. Such crnifcues shall specify the date when such compensation
and insurance expires. The Seller agrees dut such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDEM S AND DAMAGES.
The Seller hereby assumes the entire mpomibiliry and liability for any and all damage, loss or injury army kind
or nature whitest to persons or property Crowd by or resulting from the execution oft work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r .II of the Pumhasm officers, agents and employees from and a,imt my and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether W persons or property to which the Purcha a may
M put or subject by reason of any act action, neglect omission cr &Bull on the pm of the Sella, my of his
Common. or any of the Sellers or Contractors; oRe—, agents or employees. In case any suit or other
procedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or
by reason of my act, action neglect, omission or default of the Sella of my of his Contractors or any of its an
men oRcen, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereat and to
defend the same at the Sellers own expense, to pay any and all costs, charge, aromeys fees and other expenses,
any and all judgments that may be incurred by o, obtained against the Purchaser or my of its or their ofiicm,
agents or employees in such suits or other proceedings, and m now judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panic is or as a result of such .its or offer proceedings,
the Sella will at more cause the same to ba dissolved and discharged by giving bond or otherwise. no Seller and
his comments shall take all safety precautions, mouth and install all gmrd necessary for the prevention of
accidents, comply with all laws and regulations with regard to safery, including, but wihmt limimtioa the
Occupational Safety and Health Act of 1970 and all rules Coed regulators wound! pursuant thertto.
Revised 0 nO14