HomeMy WebLinkAbout130682 FIRE & POLICE PENSION ASSN - PURCHASE ORDER - 9150001PO
PURCHASE ORDER 9150001 Page
�.117/ of PURCHASE
50001 tot 2
Flirt Collins( his number must appear
/�„!-\V`I ` V " 1 1 on all invoices, packing
sli s and labels.
Date: 01/02/2015
Vendor: 130682 Ship To:
HUMAN RESOURCES
FIRE & POLICE PENSION ASSN
CITY OF FORT COLLINS
5290 DTC PKWY #100
215 N MASON, 2ND FLOOR
GREENWOOD VILLAGE CO 80111-2721
FORT COLLINS CO 80524-4408
Delivery Date: 01/02/2015
Buyer: WILSON, JILL
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
t DEATH & DISABILITY- POLICE
BLANKET PO FOR 2015
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.wrn
1 LOT LS
345,000.00
Total
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. COMMERCIALITEEAH.S.
Tax exemptions. By statute the City of Fort Collins is exempt firm won and I«al tams. Om Exemption Number is
9"502. Federal Excise Tax Exemption CenNcam of Registry 84-6000587 is registered with We Collector of
bnemal Revenue, Dmven Colorado (Ref. Colorado Revised Statuses 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be retumd n you for credit and are not to be replaced except upon receipt of written
instructions firm the City of Fort Collins.
Inspection. GOODS are subpar, to the City of Fon Collin impecfion on arrival.
Final Acceptance. Receipt of the merchandise, services of equipment in raspmnse to this order can result in
mthoriud payment on the pan of the City of Fort Collin. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inpection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay, freight and charge separately, the original freight
bill most mrompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. When mwwfacnuers have distributing points in various parts of the country, shipment is
expected firm the comment distribution point to desliraomp. and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits . Seller shall procure at sellers sole cost all naesmry, peanits, certificates and licener required by all
applicable laws, regulation, ordinances and mles of the slate. municipality, rertitory or political subdivision whore
the work is performed, or required by any whirr duly constituted public authority having jurisdiction over the work
of rondo,. Seiler further agrees m hold the City of Fort Collins hamdess from end against all liability and less
the red by them by reason of an asserted or established violation of any such laws, regulations, orebanMi, roles
and requirements.
Authorization. All parties to this conumt agree that the repremnanive, are, on fact, born fide and Possess fun and
complete autho try W bind mid parties.
LIMITATION OF TERMS. This purchase Under cxpressty limits mM.p to the tern and mMirawas swot
herein set foM ad my supplementary, or withdrawal tams and condition mnexal hereo or incorporated herein by
reference. Any additional or different terms and codihon proposal by seller are objected to and hereby rejectal.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
promised delivery date to, noted Time is of fie asprom. Delivery and performance most be effected within the time
natal on the purchase order and the damments attached h teem. No acts of the Purchaers including, without
limitation, acceptance of partial late deliveries, shall operate n a waiver of this provision. In the event of any delay,
Ilrc Purcsma shall have, in addition to error legal and equitable remedies, Be, option of placing this oMes elsewhere
and holding de Sena table for damages. However. the Sella shall not IN fable fir damages as a result of delays
due in areas rut reawwbly foreseeable whim ate beyond in reasonable annual and without its fit ofnegngence,
such rob of Gad, acts ofcivil or military aufaorities, govmunenut priorities, them, wit noad, epidemic, wars or
riots provided that notice of the conditions caning such delay is given or the Purchaser within five (5) days of the
time when the Sella first received knowledge therm!. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time mtually lost by raamn cribs delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this other will conform with applicable
drawings, sperifwtione, sample motor other description given, will be fit for the purposes intended and
performed with the highest degree of are and mmpcterstt in mcoNance with accepd seadand for was of a
similar mature. The Seller ogres tor hold the pmclaser hofmlan firm any loss, damage or expense which the
Purchaser may suft or surer on aceowr, ofthe Sellers belch of warmly. The Sella shall replace repair, a make
good, without cost a the purchaser, my cereals or faults arising within one (I) your or within such longer period of
time n may he prescribed by law or by the terms army applicable warranty provided by use Sella after the date of
acceptance of the goods f ishal hereunder (acceptance Mona he unreamMably delayed), resulting from imperfect
or defective work done or materials famished by the Seller, Accordance or me of goods by the Purchases shall not
onstitute a waiver of any claim under this warranty. Except as mherwim provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by Me breach of any of the foregoing wartanties
or gosmntcea bus such liability shall in no event include low of inches or lass of ose. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes in legal torts by wrimen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Poachmer may Make any changes to the terra, other than legal terms, including additions to or deletions firm
the quantities originally ordered in the specifications or drawings, by verbal or written change aide, If any such
change affects the amount due or the time afperfotmance humardea an equitable adjustment shall be made.
6. TERMINATIONS.
no Purchaser may at my time by wrinen change reeler, temuimte this agreement as to my or all Faustus of the
goods then not shipped, subject to my equitable adjanmmc beswem the ponies as to any wok or mmesals then in
prognosis Provided that the Purchaser shall not be liable for my claims for anticipated pmfts on the mcompided
portion of the goads stupor wok, fa incidental or conegmmfl damages, anal that an such adjustment be made in
favor ofthe Sella with aspect to my goods which aR de Sellers mandmd stork. No such mmdnauon shall relieve
the Purchaser or the Sella of any affairs oMignlion m to any gas delivered herewder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be msened within thin (30) days firm the ram the mange or termimbm is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamvts dot all goods mid beremder shall have been paoducN, sold delivered and f mad in strict
compliance with all applicable fans and reguftion no which doe goods are subject The Sella shall execute and
deliver such documents as may be propmd to area m evidence eomplumm. All laws and regulation mxdma[ to be
incmpoated in agreements of this chamam arc hereby incorporated herein by this reference. The Sella agrees n
indemnify wall hold the purchaser harmless Item all at aM damages sufferal by the Punchiest as a result of the
Sellers failure n comply with such law.
9. ASSIGNMENT.
Neither party shall resign, aanfcm or convey this order, or my monies due or to become due hereunder without the
prior written consent ofthe other party.
10, TITLE
The Sit warrants full, clew and nnmMicmd chic to the Purchaser for all equipment mommU, and it. fialud
in aluminum of this agreement, from anal clear of my and all lien, milricdmn, ax fi—. security poorest
rncumbrwces ad claims ofotbers.
II. NONWAIVER.
Failure cruse Pmchna to insist upon strict performance ofthe terra and condif hereof, failure or delay to
exercise any rights or remedies provided herein a by law, failure to promptly notify the Seller in the event of a
breach, the mceppince of or papnent for goods hemm&r or approval affair deign, shall not release the Seller of
any of the wwpwties or obligation of this purchase order and shall not be downed a waiver army right affirm
purchsser to must upon strict perfm hereofor anyrefits rights or moraines as W any such goods, ragardlew
of when shipped, received or accepted, as to any prior or subsequent defaut hereunder, nor shall my purported
rend modification or t rmissiw of this purchase order by the Puuchases operate n a waiver of any of the toms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Pmcfer recognise that in acntal economic practice, overcharges resulting firm antitrust
violation we in fact home by the Participator. Thretofore for good cause and as compdstion for executing this
purchase ordeo the Sella hereby assigns to the Purchmer any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
puamsed or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser diretts the Sells to compact mncavf ing or defective goods by a date to be agreed upon by the
Purchaser eot the Selles, and the Sella thereafter indicates its inability in unwillingness On comply, the Pmchases
may even, the work to be pert eel by Ore Most expeddion mean available m it, and de Sella shot pay all
costs sssmland with such wok. '
The Seller shall release the Purchase, and its contrmmrs of any tia firm all liability ead claims of any whim
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry relend and shall extend to the
directors, oRMn and employees of such party.
The Sellces occasional obligations. including warranty, shall Out be deemed W be noticed. in any way, because
such wok is performed or caused are be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is r yuind to ne any design, device, material or process covad by letter, From, mademark
r copyright, the Seller shell indemnify and save Formulas the Purchaser from my and all claims for infringement
by rmmn of the use of such patented design, device, memos[ or process m connection with the contact, and
shall indemnify, the Purchna far any cost, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prostration or after the completion of the work. In case mid equipment, or
any pan thereof or the intended we of the goods, is in such suit held to constitute infringement and the use of
mid equipment or pan is enjoined, the Sella shall, at its own expeosse and at its option, either pracum for the
Purchaser the right to continue ping mid equipment or pans, teplare the senor with inhumanely y equal but
noninfinging rydpment, of modify it so it becomes mttirtffinging.
15. INSOLVENCY.
If the Sella sIW I become insolvent or bankrupt, make an awigmnmt for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property in business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of terms not or the interpretation ofthe agreement and the rights of all Tanis heremdm shall be
around under and govemed by the lawn of the Spite ofColondo, USA.
The following Additional Condition apply only in uses where the Sella is to perform wok be muslin,
including the service of Sellers RrprtscnWive(s), on the premises afahera
17, SELLERS RESPONSIBILITY.
The Sella shall any on mid work at Sellers own risk woil tbe same is rally completed and accepted, and shall,
in u of any incident, destruction or injury m the work odor materials before Scilds final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Puahner. When materials
and equipment am famished by others for installation or erection by the Seller, the Seller shall radve, usload
store and handle aware as the site and become responsible therefol as though such materials and/or equipment
were bring fished by the Seller wrier the order.
18, INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers evmpertsadon, including oaupationed
dismse bereft , to its employers employed on m in connection with the wok mverd by this Purchase coder,
and/m in their dependents, in accordance with the laws of the slate in which the work is to be dome. The Sella
shall also Mary comprehensive general liability including, but not limited ere, Mnmcmal and automobile Public
liability insurance with bodily injury and death limits of on lent $300,000 for any one Prnnn, E500,000 fir my
one
incident and property damage limit per accident of $400,000. The Sella shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before any of the Sellrn or his conuacmrs
employees shall do my work upon the premises of others, the Seller shall fornish the Purchaser with a comfeate
chat such compensation and insurance have been pnvlded. Such certificates shall specify the date when such
implantation and insurance have been provided Such certificates shall specify the date when such compere eon
and inumnce expire. The Seller agrees that such mmpaaation and Miramar shall be maintained] m it after the
enure oak is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire compar bility and liability for any and all damage, lass or injury army kind
or nature whatsoever to persmu or Property caused by or malting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold stainless the Purchaser oral any
or all of the Purchasers offirem, agents and employees firm and against my and sit claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or Property to which the Purchaser may
be put an wbjat by person of any out, ration, nedem, omission or deft ut part the pan of the Sells, my of his
Mommton, a any of the Seller of comusetors oMe., agana a employs In cam any suit or other
proceotiogs shall be brought against the Purchaser, a its officers, agma or employees at my time oar mmwt or
by Mason of any ac4 action, neglect, omission or default of Ibe Sella of my of his contractor or any of us or
their officers, agents or employees in aforemid. the Sella hereby agrees m assume the defense thereof and a
defend the stem or the Sellers own expense, to Pay my and all no chemise, enomeys fir, aM other expenses,
any and all judgments that may be incurred by or obainal against the Purchaser on my of its err their officers,
agency or employees in such suits or other Proceedings. and in case judgmem or other lien be placed upon or
obtained against the property, of the Purchaser, or mid parties in or n a result of such suits or other proceedings,
the Seller will at once cause the come to be dissolved and dischargal by giving bond or othatwim. The Sells and
his mnmactors shall take all safety precaution, famish and inmll all gumds mccossary, for the prevention of
accidents, comply with all laws and regulation with regard to safety stclding, but without lichatim, tbe
Occupauonl Safety me Health Am of 1970 and all roles and reguleuon issud pursawl therein.
Revised 07nit