HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9147408PO
PURCHASE ORDER 914740er Page
City of PURCHASE
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Date: 12/16/2014
Vendor: 426136
MES - ROCKY MOUNTAINS
700 W MISSISSIPPI AVE BLDG E, UNIT 6
DENVER CO 80223
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 12115/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Bunker Gear New Recruits
Inv.00576789_SNV 11/18/2014
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
invol�1 9
11,345.00
11
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt tram state and local mass. Our Exemption Number is
11. NONWAIVER.
954)4502. Federal Excise Tax Exemption Cartridge of Registry 84-6000583 is registered with the Collector of
Failure of tbe PUrchaur to insist upon strict Fribourg of the terms and mMitiom hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samoa 1973, Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the mceptmew ofor payment for goods herewder or approval off, design, shall not release me Seller of
Good Rejected. GOODS REJECTED due in failure to meet specifications, either when shipped or due to defects of
any of the aromatic, or obligations of this purchase order and shall Out be dinned a waiver of my right of the
damage in magait, may be resumed m you for credit and art not in be replaced except Upon receipt of written,
Forehead to insist upon strict performance hareofor my of its rights or remedies as to my such goods, regardless
i.wctima from the City of Fort Calling.
of whim shipped, received or incepted, as to my prior or subsequent defaWt hereunder, nor shot] my purymted
am] modification or rescission of this purchase card by the Purchaser operate as a waiver of any of the rearm
Inspection. GOODS are subject to the City of Fan Collins inspection on candid.
hereof.
Final Acerytarree. Receipt off mordant services or equipment in capons, in this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
m lv rind payment an the pan of the City of Fort Collins. However, it is to be anderstood that FINAL
Seller and the Purchaser recognise that in actual a is practice, orerchares gresulting from antiva,
ACCEPTANCE is dependent upon completion ofall applicable nqud inspection paaevduea,
vioatimm lxs art in fact Noe by the Pumhas s. Theretofore, far good cause and. consideration for aamting this
purchau order, are Sella hereby moigres to the Purchase( any and all claims it may now have Or h ss alter
Freight TO.. Shipments most be F.O.B., City of Fon Collins, Bill Waad St., Fan Collins, CO 80522, unless
mquu l under federal or mile antitrust laws for such ovemherga relating as Ne particular good or services
otherwise specifier on this after. If permission is given,. prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant in Nis purchase order.
bill most ramping invoice. Additional <harees for me" will m, be accepted.
Shipment Distance. Whom manufmmrers have distributing points in various pins of the cawrry, shipment is
expected from the not distribution Point to distinction, and excess freight will be dductd from Invoice when
shipments are made from greater distance.
Permits. Seller shall produce at sellers sole cast all nasally Famous, certificates and licemes mluired by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political soodivision when
the work is performed, or...ird by any other duly desig ated public authorty havingjurigalumnn over Ne work
of vadar. Seller further agrees m hold the City of Fan Collins harmless from and against all lishadiy and lass
incurred by them by reason of on several or csmbfishd violation of any such laws, regulations, ordinances, roles
and requirements.
Audorimtion. All parties to this contract agree it,,,, the repreumn wo, arc, in fact, bona Page and possess full and
omplete authority to and said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions sated
herein set forth and any supplementary or additional temrs and conditions annexed harem or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if yaa cannot make complete shipment to arrive oa your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No ins of the Foreheads including. without
limitation, acceptance of punial late deliveries, shall operate as a waiver of this pmision. In the event army delay,
the Purchaser shall have, in addition m other legal and equitable remdies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not h liable for damages as is result of delays
due to causes not aseambly foresaable which are beyond its reasonable control and without is fault of negligence,
such acts of'God, acts ofcivil or military authorities, governmental priorities, fires, sukes, flood, epidemies, wars or
riots provided that notice of Ne containing taming such delay is given to the Purchaser within five (5) days of the
time when are Sella first received knowledge thermf. In the event of any such delay, fire date of delivery shall be
a,imded for the period equal to the time rang lost by reason of the delay.
3. WARRANTY.
The Sella scams that all goods, said., rnauriaa and wok covered by Nis order will conform with applicable
Unionist, spaifcationa, samples at War adid descriptions given, will be fit for the purposes intended, and
perfomnd with the highest degree of care road gmFateae in eccoNanew with sompld standard far wok of a
similar among. The Seller agrees to hold are purchxer Implied from any loss, damage or expense which me
Pumhaer may suffer or mouton account off Sellers breach tradin ray. The Sella shall replace, repair or make
good, without cast to Ne purchaser, any defeco or faults arising within crrc (1) war or within such longer'erid of
time Or maybe prescriber by law d by the terms of my applicable warranty provider by fl, Sella after the dine of
att mans, of the good famished hereunder (acceptance not to be unreasonably delayed), resulting frosing imperfect
or defective work done or materials Furnished by the Seller. Acceptance at use of good by the Purchaser shall not
cotutimm a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hommuld shall extend to all damages proximately caused by are breach of my of the foregoing warantics
or guarantees, but such liability shall in no event include loss of profit, 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 temps by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tams, .,her than legal terns, including additiam to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wriltm change Dare, It any such
change affects the amount due or the time operfommnce hereunder an quiume adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all ponion, of the
goods then not shipped, subject m any quitable adjustment between One panirs as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profit, on the uncompleted
portion cribs goose ankar work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with carport to any goods which arc me Sellers standard stock. No such Iermiwtion shall relieve
the Purchaser or the Seller of any aftbeir obligations u to any funds delivered hereunder.
B. CLAIMS FOR ADJUSTMENT.
Any claim for adjustmrnt most be asserted within min, (30) days farm are date the change or temtimring is
odered.
S. COMPLIANCE WITH LAW.
The Seller .. that all goods said hereuMef shall lave been praduced, sold, deliverer and Regarded in stet
compliance with all applicable laws and regulations to which the goods art subjde The Seller shall execute and
deliver such dacuanens. may be criminal to effect or evidentt compliaae. All Ims and regulations required to be
incorporated in agreeinena of this character arc hereby incoryorared here o by this reference. The Sella agrees to
indemnify aM hold the Purchaser hromle. f all costs and damages suffered by the Purchaser. a and, of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall resign, manager, Or convey this order, or my mature Use or to become due hereunder without the
poor wnnim..cut of are other parry.
10. TITLE.
The Sella wiling full, clear and unratricud tide mare Parchasa for all quipinen, oatmirds, and items f ishd
in ped'oranaow of this agreement, fare and clear of my and all liens, wou idimrs, —fio., security inures,
encumbrances and claims of oNds.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direct, the Sella to coned nonconforming or defetive goods by a date to be agreed upon by me
Purchaser and the SdId, and the Sella area flu indicates its irabihl, or mwillingness to comply, the Isfichown
may canna the work to be performed by the must expeditious means available to it, and the Sella shall Pay all
as associmd with such wok.
The Seller shall releae the Purchaser and its contractors of any tier from all liability and claims of any naurt
resulting tram the performance ofsuch work.
This release shall apply even in are event of full of negligence of the party released and shall extend to are
directors, ofcas and employers of such party.
Tlm Sellers contractual obligations, including warranty, shall sat be deemed m be reduced, in any way, became
such work is perfomud ar raised re be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by later, patent, trademark
or copydgM, the Seller shall indemnify and save harmless the Purchaser from any and all claims fur, infringement
by reason 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 at any time during the prosecution or alter the completion of the work. In vice said equipment, or
any pan thereof or the intended use of the good, is in such suit held to consumer, infringement and Ne use of
said equipment or pan is enjoined, the Seller shall, in is an expense and err its option, either procure fur the
Purchaser the right in continue using mid equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes reconfirming.
15. INSOLVENCY.
If the Stoller shall become insolvent or bankrupt, make an assigmnem for fire benefit of credimrs, appoint a
added or Nutee for any of the Sellers property or business, this order may foMwith be vinald by the
Purchaser without liability.
16. GOVERNING LAW.
The defnitiom often ms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
..it odd and m:mad by the fws oftbe Same afC.Imado, USA.
The following Additional Conditions apply only in cases where the Sella is in perform wok hereunder,
including are services of Sellers RcpcunWivc(s), on thin premisesof others.
IB. SELLERS RESPONSIBILITY.
The Sella shall tarry on said work at Sellers own risk until are same is fully completed and accepted, road shall,
in eau of my accident, destruction of injury to the wok andror materials before Sellers final compleion aM
acceptance, complete the work at Sellers awn expense and or the satisfaction of are Purchases. When materials
and equipment are furnished by others for ituallation or enaction by me Sella, the Seller shall acme, unload,
store and handle same at the site and baame responsible therefor is though such materials maker equipment
were being finished by the Seller under Ne order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
ankor to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller
shall also vary comprehensive general liability including, best not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S30i far my one person, $500,000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contmactors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify Ne date when such
compensation and insurance have been provided. Such certificates shall specify the data when such compensation
and insurance expires. The Seller agrees that such compemation and guidance shall be maintained until after are
entire wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resumes me entire responsibility arad liability for my and all damage, loss or injury ofany kind
or nature whaeroever to peaoa or property carried by or resulting from the execution of are work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any
r all of the Propl.gands oBic ins, agents and employees from and against my and all claims, losses, damages,
clue,es or expenses, whether direct in indirect, and whether to pa. an pmprcy m which Ne Purchase nary
be put at subject by mean of any act, action, orders, omission or default on the pan ofNe Sella, any of his
mmactmn, or my of the Sclleas or contractors afters. agents in employees. In case my suit or other
paoc asurs, shall be brought against Ne Purchaser, or its officers, agents or employers at my dine on me.. or
by smeon of my set, action, netted, omission or default of the Sella of my of his command or my of its or
their afters, agents to employed . aforesaid, the Sella hereby agrees m assume the der Ndmf and to
defend the same at the Sellers own expense, to pay any and all ems, charges, awMw,a fees and other expmsxa
my rand all judginmts that maybe mound by or abaiad against the Forebear or my of its or their afros,
agents or employees in such said. or other praccalings, and in case judgment or other lion be placed upon or
obtained againt the property of the Purchaser, or said pmia in or as a malt of such auto or other pmeccdings,
the Seller will a, omc muse Nc same m be dissolver and diuhargd by giving beer or olherrvise. The Seller road
his conuadoa shall take all safety prdautiom, furaish and imtall all guard aaess sq for the Formation of
accidents, comply wit all fws and regulations with regard to safety including, but without liiniatim, the
Occupational Safety and Health Ad of 1980 and all roles and regulation. issuer pursumt thereto.
Revised OM014