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HomeMy WebLinkAbout451326 JP MORGAN CHASE BANK N.A. - PURCHASE ORDER - 9147180PURCHASE ORDER PO Number Page City, ofCollins 9147180 t of 2 ' `t ( V This number must appear " on all invoices, packing sli s and labels. Date: 12/05/2014 Vendor: 451326 JP MORGAN CHASE BANK, N.A. c/o GOVERNMENT BANKING CORP 1125 17TH ST DENVER CO 80202 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 12/05/2014 Buver: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Sta 4 Lease Pay Principal 1 LOT LS 133,722.00 0031074588 2 Sta 4 Lease Pay Interest 0031074589 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 100,587.78 78 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 amorphous. By statute the City of Fran Collins is exempt form sumo und local taxes. Our Exemption Number is 98-D4503. Federal Excise Tax Exemption Certificate of Regisrry 80-6000587 is registered with the Collects of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejaa t GOODS REJECTED due to failures meet specifications, either when shipped or due to defects of damage in proven, may be termed to you for credit and are not to be Missed except upon capital of wrimal instructions from the City of Fot Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Total Acceptance. Receipt of the merchandise, services or equipment in tespostse m this miler am result in authorised Payment on be part of the City of Fort Collins. However, it is m be understood chat FINAL ACCEPTANCE is dependent upon completion of all applicable required infection promdures. Freight Terms. Shipmates must be F.O.B., City of Fall Collins, 700 Wool St., Fell Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight arW charge separately, the original freight bill must accompany invoice. Additional charges for poking will not be ocapted. Shipment Distance. Where manufacturers have distributing points in riots parts of the country, shipment is expected from the nearest distribution point to desuration, and imams, freight will be daluaal from Invoice when shipments are made from firse, distance. Permits. Seller shall Droeure at sellers sole at all na., permit, cetifieares and lit. required by all epplicnble laws, regulations, ordinances and roles ofthe smut, municipality, terrimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reaan of an mzcned or established violation of my such kaws, regulations, ordimnees, pales and requirements. Autbaimpion. All parties to this counsel agree that the lip rrentutives are, in fact bum fide and possess full and complete authority to bind said parties. LIMITATION OF PERMS. This pumbad Order expressly limits acaftmee b the temp and condition sated herein set forth and any supplementary or additional terms and conditions annexed hereo or incorporated herein by reference. Any additional or different ams and conditions pmpattd by seller ere objected to and hereby rejatW. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiacd delivery dam as noted. Time is of the essence. Delivery and performance most be effected within the time armed on the purchase other and the docmmrnts attached hereto. No acts of the Purchasers including, without limimtim, acceptance effected late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall hive, in addition to other legal and equitable readies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ilormal, the Sella shall not be liable for damages as a result of delays due to causes not rasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such was of God, ors of civil an military rouhorida, Imamenenal Presides, fires, strikes, Rood, cpidemiw, wars or riots provided bar notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof. In the event of any such delay, be date of delivery shall be extended for the pedal equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good. articles, materials and work covered by this order will conform wib applicable drawings, specifications, samples anNor other descriptions given, will m ft for be purposes intended, and performed with the highest degree of care and competence in ficookuce with accepted standard for work of a imilm nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which be Purchaser may suf or incur on amount of be Sellers breach of warranty. The Seller shall replace, ecpaf or make good, without cost to be pashaser, any defects or faults arising within one It) yar or within such longs period of time as may be prescribed by law or by be tents of my applicable wartanry provided by be Sella aft the elute of acceptance of the good f rshed hereunder (acceptance not to be unreasonably delayed), resulting from impeder or defective work done or materials frrNsbed by the Seller. Acceptance or new of goods by the Purchaser shall net comtinum areaiver of any claim under this warranty. Except m ofcrwid presided In this purchase oMer, the Sellers liability hereunder shall extend or all damage potati atety rsudd by be brach of my of the foregoing aer. ies or guomntees 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 Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumbacer may make any changes to the terms, other than legal terms, including additions to or deletions from be quantities odginmly ordered in the specifications or drawings, by verbal or woman change order. If any such change aliens be amount due or the time ofpecm foraoce hereunder, an trainable adjustment shall be made. 6. TERMINATIONS. The Purchaer may ter any time by women change coder, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between be parties m to any work or materials then in progress pmA&d that be Purchaser shall rot b, liable for any claims for anticipated proper on be uncompleted portion of fe goods and/or work, for incidental or comormenrial damages, and But no such ndJmmrcnt be made in favor of the Sella with respect o any goods which arc be Sellers scadaN stock. No such lamination shall relieve the Purchaser or the Seller of any ofbeir obligation as to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim fan adjustment mast be asserted within birty (30) days from the date Her change or tarmimtion u ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all fund sold hereunder shall have been produced, said, delivered and famished in bill compliance with all applicable laws and regulations to which the goad are subject. The Sella shall callo a and deliver such douments es may be required to effect w evidence compliance All laws and regulations cap iral to be incoryamted in agreements; of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser hornless from all mall and damages suffered by be Purchaser as a result of be Sellers failure at comply with such law. 9. ASSIGNMENT. Neither parry shall assign, member. or convey this order, a my monies due or to become due heremda without be prior wrimen consent of be other parry. IO.TITLE. The Sella warrants felt clam and umestrined tide b be Purchases, for all equipment, mmaiah, and it. famished an Perfamplance of this agreemcn4 flee and clew of my sal all lien, restrictions, reseevatiom, wariry inrerat encumbsnca and claims of others. I L NON WAIVER. Failure of be purehuer to insist upon strict cmmce of be terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify be Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of be design, shall not release the Seller of any of be warranties or obligations of this pare low order and shut] cot m deemed a waiver of any right of the purchaser to insist upon strict performaoe hereofor my of its rights or remedies as to my such good, regardless of what shipped, received or accepted, as to any prior or subsequent default h reunda, nor shall my performed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella tab the purchaser recogtdme that in actual ecovomic pmcfice, overcharges resulting from antitrust mdariom me in fact bore by the Purchaser. Theretofore, for good exam and m 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 federal or state antitrust laws for such overchaal relating to the particular goods or services purchased or aequieed by be Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to corm nonconforming or defeat, goods by is date to be agreed upon by the Purchaser and the Seller, and the Seller thereafer indicates its inability or unwillingness to comply, the Poeshner may cause the work to be performed by the most expeditious meets available W it, and the Seller shall pay ell cons associated with such work. The Seller shall release the Purchaser, and its anaree ors of any her firm all liability and claims of my aware resulting from the performance ofsuch work This wheals, shall apply even in the event of fault of negligence of tart party releadd and shall extend to the directors, olfcas and employees ofsuch party. The Sellers contmcmnl obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perf rmed or caused to be performed by the Purchaser. 14. PATIENTS. Whenever the Seller is mryird louse any design, device, material or process covered by letter, mean, haadeaaek or copydgh4 the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reown of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason of such infringement in any rime during be prowmmion or after the completion of the work. In case said aluipment or my pan faenf or the intended sex of the good, is in such suit held to comriote infingement and be use of said equipment or pat is enjoined, be Sella shall, at its own expense and at its option, Atha procure for the Purchaser the right to continue using said equipment or pats, replace the same with substantially equal but marfi fringing equipment, or modify it so it becomes noninfriag rig. 15. INSOLVENCY. If the Seller shall become insolvent or handr apt. make as assignment for be benefit of auditors, appoint a receiver or Estee for any of the Sellers property or Enthral, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The defrnioom of tears used or be interpretation off, apparent and the rights of all panics hereunder shall M compared under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to Perform work hereunder, including be services of Sellers Rcpresentadve(a), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own we until be same is illy completed and accepted, and shall, in case of any accident, destruction or injury to the work anNor motmals before Sellers final completion and accept., complete be walk at Sellers own expense and to be salisfanion of be Purchaser. When mmmals and altimeter are fumislrcd by others for installation or erection by be, Seller, be Sella shall receive, ordered, start and handle same at be site and became responsible beret or though such materials cocker eq.i,.t was bang fished by be Seller under be order. 18. INSURANCE. The Seller shall, to his own expense, provide for the payment of workers compensation, including eccupmioml disease benefits, to its employees employed on or in mwection with be work covered by this purchase order, umber to their dependents in acconlance with the laws of be state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commauzl and automobile public liability insane with b ably injury and death homes of at lent $300,00r) Ion any ate lxrson, $500,000 for my one accident and property damage limit Per accident of 5400,00D. The Seller shall likewise resume his contractors, if any, to provide for such compenrsation sad announce. Before any of the Sellers or his contractors employees shall do any work upon the premise of others, the Seller shall furnish be Purchaser with a calificare that such compensation and insurance have ban provided. Such cenlfcata shall specify the date when such compensation and insurance have been provided. Such cenificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after be more work a completed and incepted 19, PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whoommer to persons or properly caused by or resulting from be execution of the work provided for in this purchase oMer or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and my or all of be Purchasers officers, agents and employees from and against any and all elliptic losses, damages, charges or calumet. whether direct or inditem, and whether to persons or property to which be Purchaser may be put or subject by reason of any cot summ. neglect, omission or default on the part of the Seller, any of his contractors, or any of be Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against be Purchaser, or its officers, agent or employees at my time on account or by reason of any act, action, eregleel, omission or default of do Seller of my of his contractors or my of its or their officers, agents or employees as aformaid, be Sella Earthy agrees m assume fie defense hermf and Re defend the same at Sellers own expanse, to pay any and all costs, charges, atmrerys fees and other expends, any and all judgment but may be incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such suits or office proceedings, sal in cad judgment or other [am be placed upon or obtained against the property of Oa Purchaser, or said parries in or as a result of such suits or other proceedings, the Seller will at once cause be, svne to be dissolved and discharged by giving bond or otlrcrwise. The Sella and his contractors shall take all afery prometioos, fish and install all germs na., for be Farwell. of accidents, comply with all laws and regulations with regard to safety including, but without limiamon, the Occupational Safety and Health Act of 1970 and all mles and regulations issued purseaat threat. Revised 07n(H4