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HomeMy WebLinkAbout119514 ANTHEM LIFE INSURANCE CO - PURCHASE ORDER - 9140015 (2)Fort Collins Date: 12/04/2014 Vendor: 119514 ANTHEM LIFE INSURANCE CO DEPT L-8111 COLUMBUS OH 43268-8111 PURCHASE ORDER PO Number Page 9140015 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 Unit Price Extended Ordered Price 2 Addendum to add funds BLANKET PO FOR 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 1 LOT EA 11,534.58 Total $11,534.58 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 solute the City of Fart Collins is exempt from state and land taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rrgisltd with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39 26,114 (a). Goods R jetted. GOODS REJECTED due to failure to meet sped fiVnions, either when shipped or due to defeds of damage in rran5it may be mumd to you for credit and are rat to the replaced except upon receipt of wrinrn iusawctions fmm the City of Tom Collins. Inspection. GOODS are subject b the City of Fort Collis inspection on nrival. Final Acceptance. Radpt of thr memhwdiu, wnica or equipment in tap tom to this order can result in authorized payment on the past of Ow City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable mryired inspection procedures. Freight Twos. Shipments most W F.O D., City of Fan Collis, 700 Wand St., Fact Collis, CO 80522, unless otherwise specifid on this orde, of permission is given to prepay freight ad charge sepvntcly, thr original freight bill mat acrompany invoice. Additional charges Far Packing will nod her accepted. Shipment Distance. Where manufacturers have distributing points in varbs. ands of the country, shipment is expected fmm the nmmn disWbutia r an to datiation, and ewess freight will be dductd fmm Invoice when shipments me made fmm great. distance. Permits. Seller shall ground, at sellers sale cost all necesmry gran ts, cmdrio es and littaes required by all applicable laws, regulations, on irunces ad does of the sine, municipality, tci ivory or political subdivision where the work is ptfocord, or minimal by any other duly mnstimted public authonry having jurisdiction over the work of vendor. Seller further agrees o hold the City of I. Collins harmless from rod against all liability and loss incurred by them by rcawn of an asserted or a mblishd violation of any such laws, regulation, cognomina, mles adrequirements. Antlroriaation. All panic to this Viacom agree that the representatives art, in fit bus fide and pauss full and .,1.0 authority to bind mid parties. LIMPfA11ON OF TERMS. This Pomhue Order expressly limits acoepmncr to the lams and condifous scored herein am fond and any supplementary or additional temp and condition mnexd hereto or in wnpomtd herein by reference. Any additional or different temp and condition proposed by seller are objected to and r.eby reelected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout scot make complete shipment to arrive oa your promised delivery date a noted. Time is airline arm.. Delivery and performance mat be VmVVI within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance afford.) late deliveries, shall opemro a a waiver of this provisian. In the event ofany defy, the Parch., shall have, in addition to ,he, legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due tO causes nolreasonably foreseeable which are beyond its reaaomble control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, govemandoil priontics, fires, strikes, flood, epidemics, was or dots provided that notice of the conditions causing such delay is given to the Purchser 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 be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample andror other destiptios 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 imifft mount. The Seller agrees m hold the purchaser heat fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults wising within one (1) year or within such longer period of time a may be presenbed by law or by the team of my applicable warranty provided by the Seller after the date of acceptance of the goods fvmishd hereunder (a mptan« not to bar unreasonably delayed), resulting from Imperfmt or defective work done or materials furnished by the Seller. Acceptance or we of goods by the Purchaser shall nor constitute a waiver of my claim under this wananry. Except m otherwise provided in this purchau call the Sellers liability hereunder shall extend to all damages proximately caused by be breach of any of the fregoing warmmis or gmmnt.s, but such liability shall in m event include loss of profits or loss of uses. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchat may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the reran, other than legal terra, including addition, m or delediom from the quantities originally ond.cd in the specification or drawings, by action or wdnen change order. If any such change aRecrs the amount due or the time of Performance hcrevndw, an evincible djatmenr shall M rode. 6. TERMINATIONS. The Purchaser may at any time by wrens change and., terminate this agreement a or any or all portions of the goods OV, not shipped, subject to any e9m Wls Wj..., b.ween the park as Ira any work or materials then in progress Provided that the Purchaser shall Out be, liable fro my claims for anticipated profits on Ore mcompletd portion of the goods wart work, for incidental of coaequenrial damages, and that an such adjatme n ha made in favor of the Seller with import to any good which are Oe Sellers stmdmd stock. No such termination shall relieve the Pumhss. or the Seller of my of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for aljastment muss W resaned within thirty (30) days fmm Ind doe For change or termination is o dared 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold h.eudw that have been produced, sold, delivered and furnished in strict compliant with all applicable lows rod m,dwion . which 6e gods are subject The Seller shill execute and deliver such documents a may be required to effect or evidence compliance. All laws end reformism mquitd to the incorporated in agreements of this Ahamttt Our hereby incorporated herein by this reference. The Seller agrees to wdenmify end hold the Purchaser hamiless fmm ell costs rand damages sufle d by the Purchser as a mull of ore Sellers fglor to comply with such how. 9. ASSIGNMENT. Neither party shall assign, awarer, or convey this order, or any monies due or to become due he.under without the prio vViten consent of the other parry. 10. TITLE. The Seller warrants full, clew and buffed title to the Purchaser for all equipment. do crials, ad it. fin nishd in pdifrsm greclear c a of this aement free end of any and all lienn , manim... oweramio, awunty interest encumbrdncaand claims o'others. I L NON WAIVER. Failure of the Ptwhaser to insist upon strict performance of the terms end conditions hereof, failure or delay to usinvirany rights remdies provided herein or by law, failure toro pmptly notify the Seiler in the event of. breacheo the acceptance of., pvymrnt for goods h.cmdw or approval crow design, shall not a lease the Seller of any of the sommonies or obligations of this purchase order and shall trot be d.md a waiver of any right of the pu.haur to insist upon strict performance bermfor any of its rights or remedies a m any such goods, regard]. of when shipped, received or accepld, as many prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchae, order by the Purcluaw operate a a waiver of any of she terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Product recognize Nat in worst r is practice, overcharges, resulting fmanritrnst violation arc in fact home Eurobonds. the Eurcht. TheretOfine, forgoodmuse and a consideration for executing this purchase od., the Sells hereby assigns to The Purchat any gd all claims it may now have or hereafter acquired ca t (decal or some amount laws for such overcharges relating to the particular goods or scrvim purchasd or wquird by the Purchaser pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser liana the Seller to cone. car amvf frozen, of defective goods by a dare to be agreed upon by Bar Prachatt and the Seller, and the Seller thertzftmr indicates its inability tor unwillingress to comply, the Purchaser may cause the work o be pri f d by the most expeditions team mailable o it, and the Seller shall pay all costs assofated wish such work. The Sellw shall ml. the Purchaser said its commctors of any riff from all liability and claims of any natme reaching frnm the performance ofsuch work. This relmu shall apply even in the insist of fault of negligence of the parry himsd and shall extend to For directors, oRcers and employees of such pan,. The Sellers mnracmal obligation, including warranty, sholl not be d.md to br rduc sk in any way, because such wok is peffom,M or ..it to be performed by the Purchaser. 14. PATENTS. Whenever rue Sell. is regard ro tar any daigm device, material le process coverd by lever, potent mdermrk or copyright, o the Seller shall indemnify and save harmless the al or proo fmm my and all claims for antracem<m by reason tithe use of such foren y design, device, ratttic or process in eo obliged t with the commm, and shall indemnify the frcduring for any cast expense or dotage which it o f t be obliged to Pay said rtawn a such my par then o any time during the of die g on or after the completion d t of the wank. vase said equipment of any pan thereof or the intendedmjoip use he the goods, is in such suit held m and .1 it [e infringement dand the use of said .averment or pass is enjoined, the Seller shrill, nt its own expense and m its option, either sally for the Purchaser the right rr coorime Wing said equipment or pans, replace Far same with substantially egml but noninfn'nging equipment, or modify it m it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of crdoors, appoint a receiver or rmstee for any of the Sellers property or bosiness, this order may forthwith be canceled by the Purchser without liability. 16. GOVERNMG LAW. The definition ofterms usd Or the inmr,fironon of the agreement and the rights of all polies hereunder shall be costrued undo and go,cmod by be laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RWans iddive(s), on the promises ofothen. 17. SELLERS RESPONSIBILITY. The Seller shall wrty as said work at Seller's own disk until the come is fully complgd and accepted, and shall, in se of my accident, destruction or injury to the work andror materials before Sellers Mal completion and ampunive, complete the work at Sellers own expense and to the satisfaction of the Purchase. When materials and rginpmrnt are fumishnd by others for intilhom. or tebtion by the Seller, fl r Seller shall receive, unload, store and handle same at the site and became responsible therefor m though such materials and/or equipment were being( whd by the Seller melt the ardor. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of wos ow, cemprncitlon, including occupational disease benefits, to its employees employed on or f commotion with the work covets by this purchase order, andmno their dependents in accordance with the laws of the state in which the work is W be done. The Seller shall also carry comprehenive gerrcml liability including. but not limitd to, contractual and automobile public liability inwaoce v,do bodily injury and death limits of at least $300,000 for my one person, SSW." for my accident and property damage limit per accident of sugLo00. To,sh Seller all likewise require his contractors, if any, Or provide for such compensations and insumme. Before any affair Sellers or his cuntmcoors cmplo,ca shall do any work upon the premiss of others, the Seller shall f ish the purchaser with a cenifimm Fiat such compensation and inurmce have brrn provided. Such cenifemm shall specify the date when such corapereartion and iaumsc have been providd. Such urlifentet shall specify Ne date when such compensation and isurance expires. The Seller agrees that inch comp.wtion wed insurance shall be main rirud until after the entire work is mmpind and acceprcal- 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respoaibiliry end liability for my and all damage, loss or injury of my kind r nature whatsoever or person or property caused by or resulting Farm the execution ofthe work parAdd for in this Pumbaere order or in comectiae herewith. The Sell. will indemnify and hold harmless the, purchaser and any cr all of the Pmcba officers, agents and employees from and against my and all claims, losses, damn,., harges or expenses, whether direct or induct and whether o Famous or property to which the Prechass may Far pat or subject by yawn of my art artian, neglect, omission or drfrill oa For pan of the Seller, any of his contmdons, Or any of the Sellers or contractors officers, agents or employers. In eau my suit or m1r. proceedings shall be brought against the Punches., or its olTcer, agents Or employees at my time on account or by reawn of my act wvon, neglect, omission m defiant, of the Seller of any or his ...or rs or my of its Or their officers, ages¢ or employees a aforesaid, the Seller hereby agms to assume the defense thereof end to defend the same at the Sellers own expense, to pay my and all costs, Argues, attorneys fees and other expctise , my sand ell judgments tug may be incurred by car obtained against the Embosser or any of its or their officers, agents or employces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtaind against the property of the Purchum, or mid panics in or as a vault disturb sails or other Proceedings, the Seller will at once muse the same to be dissohd and dischargd by giving bond or oherwise. Tor Selltt and his contractors shall coke all safety precaurios, Faddish and incoll all guwds n.asary fa the prevention of accidents, comply with all laws and regulabous with regard as safety including, but without limitation, the Ocenparioml Safety and Health At of 1970 and all roles it .,]an.. issued pursuant thereo. Revised 09Q014