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HomeMy WebLinkAbout130682 FIRE & POLICE PENSION ASSN - PURCHASE ORDER - 9150002Fort Collins PURCHASE ORDER PO Number Page 9150002 1 of 2 This number must appear 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 Ordered UOM Unit Price Extended Price DEATH & DISABILITY - PFA 1 LOT LS 220,000.00 BLANKET PO FOR 2015 I9Iry P14 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 Fon Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com Total $220,000.00 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. COMMERC1ALDETAIIS. Tax exemptions. By stmue the City of Fort Collins is exempt from state and lord Owns. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 8445000582 is registered with the Collector of Failure of the Purchaser to insist upon amity pert race of thc terms and conditions hereof, failure or delay to formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any nghts or remedies provided herein or by law, failure to promptly notify the Seller m the event of a breach, the acceptance ofor payment for goods hereunder or approval ofNe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet aperificrowns, either when shipped or due to defect of any of the warranties or obligations of this purchase order and shall not be dcemed a waiver of any right of the damage in tomen, may be rtmmed to you for cred'a and are not to be replaced except upon receipt of written puchoser to insist upon strict performance loomfor my ofin rights or remedies res to my such good, regardless iawcdoas f the City Of Fort Collins. of whoa shipped, received or accepted, as N my prior or subsequent Mau? heremder, not shall my purported ore[ modification or rescission if Nis purchase order by the purchaser operate in is waive, of on, of the mom Impaction. GOODS ere subject to the City ofloam Collins impaction an arrival. hamcf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order cow result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pm of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Pomhasa recognise Out in actual ec is pmc[ice, overcharges resulting fmm antitrust mg ACCEPTANCE is dependent upon completion of all applicable dmf inspection procedures. violations are in fact home by the Purchaser. Theretofore, fargoodcame and its consideration for executing this purchase order, the Seller hereby assigns to the Purehsser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or service otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser pursuant to this purchase other. bill must accomaamv invoice. Additional chances for rocking will not be accepted. Shipment Distance. Where manufacturers have dirNbuting points in variew parts of the .1, shipment is expected from the nearer distribmiaa point to destination, and excess freight will be deducted from Invoice when Orminu ins are made from greater ilk.. Permits. Seller shall procure in sellers sole cost all newsvry permits, renifientes and licawns required by all applicable laws, regulations, ordinances and rules of the sure, mmicipahly, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over Ne work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an .,n,d ar established violation of my such laws, regulations, ordinances, rates and requirements. Authorization All parties to Nis contract agree Nat the representatives are, in fact, bow fide and possess full all complete stairway as bind mid panics. LIMITATION OF TERMS. This purchase Order expressly limit acceptance to the terms and coMine. stated herein set forth all my supplementary or additional um, all conditions amexed hereto in incorpomred 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 ifyuu cannot make complete shipment to arrive On your promised delivery date as Owed Time is Of the essence. Delivery end performance must be effected within the time stated on else purchase order and the documents attached hi No acn of the Purchaem including, without limitation, acceptance of pmial late deliveries, shall apcome in a waiver of this provision. In the event of any delay, the purchaser shall have, in addition to other legal a M equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall mot be liable for damages as a result of de]ap due so ca. not reasonably foreaceable which are beyond ins rcamnable cosuol all without its fault oftegligence, such was oFGod, m, ofrivil or military authorities, govermnmtal pirwritia, f , strikes, Band, epidemics, wars or riots provided Out notice of the conditions causing such delay is given so due purchaser within Five (5) dap of the time when the Seller first received knowledge thereof. In the new of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wamenta Out all good, articles, materials end work covets by this made will conform with applicable drawings, sperifncations, samples andnor other desaiptiow given, will be fit for the puryosa intended, all peRmmed with the highest degree of care all compaeme in accoadmce with incepted stavduds far work of a similar nature. The Sella agrees to hold the purchma harmless fmm my Ines, damage or expense which the Purchaser may suffer or i.e. on accoant of the Sellers breach of wementy. The Sella shall replatt, repair or make good, without cost to Ne purchase , any defects or faults arising within one (1) Year or within such longer period of time as may be prescribed by law or by the terms of my applicable weOaty provided by the Seller after the due of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstitute a waiver of any claim under this warranty. Except us oferwlse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gumanteca but such liability shall in no event include loss of profits or loss of taw. 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 written change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make my changes to the ,arms, other than legal terms, including addition to or deletions fmm the quumities originally ordered in the specifications or drawings, by verbal or written change order. If my such clunge eflecn the umoum due or the time ofperform Lice hereunder, an equitable adjustmem shall be made. 6. TERMINATIONS. The Purchaer may at my time by written change new, terminate this agrmmem in to any or all paniaw of the goods then not shipped, subject to any equitable adjustment bcween the pmra as to any work or materials then in progress provided Oat the Purchases shall not be liable for any claims for saticipted profits on the uncomplaed portion of the good andfor work, for incideaml or consequential damages, all thus an such Mjustmmt be, made in favor of the Seller with respect to my good which on, the SeLlas sundand stack. No such lamination shall relieve the Purolator or the Seller of my of their obligations its to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustmem most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella caanns fat all goods sold hcnaMer shall have been prohiced, sold, delivered and banished in suit compliance with all applicable laws and regulation, m which the goods are subjat The Sella shall execute all deliver such docuanen, as may be required to effect or evidence compliance. All laws and regulation required N Is, newpomted to agreement of this character are hereby imarlmmted herein by Nis reference. The Sella agrees to iMemni fy and hold the Purchases heatless fmm all costs all damages suffer by the Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Sella wamms fll, clear ell uttestriaed title b the Purchaser for all equipment mmeriah, all it. fncombe l in Performance of this agreement fine and at= of my all dr. liens, restrictions, reservation, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella m comen mmconforming at defective good by a date to M agreed upon by else Purchaser, and the Seller, all she Seller NeraaBer indicates its inability or immiliagrscss to comply, no, Purchaser may rinse the work as be performed by the rmst expeditious mews available Or it and the Seller shall Pay all costs associated with such work. The Seller shall release the Purchaser and in contractors of any tier firm all liability and claims of my nature resulting fmm the performance ofsuch work. This release shall apply even in the "cut of fault of negligence of the party released and shall extend to the directions, officers and employees ofsuch party. The Sellers contractual obligation, including warranty, shall not be deemed to be redmW, in any way, became such work is performed or eaysed m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rebored to use my design, device, material or process covered by letter, patent trademark Or copyright, the Sella shall indemnify and save heatless the Purchana fiom any and all claims for inffin mount by reason of the use of such patented design, device, material or process in contraction with the common, and shall indemnify the Purchaser far any cost, expenu or damage which it may be obliged to Pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, ar any pan thereof or the intended we of the goad, is in such suit held to crosstiu4 infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and 9 its Option, either procure for the Purchsser Ne fight to continue using said equipment in I. replace the same with substantially equal but mnianoging apwpment at modify it so it becomes noninfinging. 15. INSOLVENCY. If $e Seller shall become insolvent or bankrupt make m assignment f the benefit of emblem, appoint a receiver or trustee for my of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms meal or the interpretation ofth<agreement and the rights of all parties hemmder shall be combined under all governed by the laws of the State of Colmado, USA. The following Additional Conditions apply Only in caws where the Sella u N perform work hemuvdn, including she works fSalt. Repmwntative(s), On the penises of.then- 17, SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until Ne same is flly completed and incepted, and shall, in u of any accident, destruction or injury to the wont mdfr materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the antiabortion of the Purchaser. When materials and equipment are famished by ethers for installation or section by the Seller, the Seller shall receive, ani nd, store all handle mine at the site and become respowible therefor in though such materials mdror equipment were being forums] by the Seller under the order. 18. INSURANCE. The Seller shall, at his own experaw, provide for Ne payment of workers couripassintica. including occupuowl disease benefin, m its employees employed oa in in connectors with de work covered by this parchaw order, maker to Nei, depaden, in mcmadmm, with the laws of the stain in which the work is to W done. The Seller shall also cony wmprehassive general liability including, but not limited m, contmcNd all automobile public liability insurance with bodily injury and death limits of at lemr S300,000 for any one person, ESwQOrU far my one accident and property damage limit per accident of S4W,OW. The Seller shall likewise require his mmmcion, if any, to provide for such compensation and insurance. Before any of the Sellers err his nominators employees shall do any work upon the premises of others, the Seller shall famish the Puchaser with a certificate that such compensation and insurance have boas Provided. Such certificates shall specify the date what such compensation and insurance have been psvividM Such certificates shall speci"m date when such compensation and insurance expires. The Seller agrees Out such compensation and insurance shall be maintained unfit after else entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility ab liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or pmpmy ceased by or resulting from fie execution of the wont provided for in this Purchase order or in connection herewith. The Seller will indemnify and hold hemleas the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Famous or property to which the PmcFaser may b, put err subject by mason or any act, cation, neglect, omission or default av the pan of fe Sella, my of his mntractoo, or my of the Sellers or communiors officers, agents or employecs. In caw my suit or other pmceedim, shall be brought egaiw, the Purchaser, fir in officers, ,,an or employees at my time On uccomt or by reason of my acL action, anglers, omission at default of the Sella of my of his contractors or any of its or their olieees, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof rod to defend the acme at the Sellers own expense, to pay my and all cons, changes, mtomep fees and other expenses, any and all judgments Nat may be incurred by or obtained against the Purchase or my of its in thew ofico s, agents or employees in such suit or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or Other proceedings, the Seller will at more cause the some to be dissolved and discharged by giving bond of otherwise. The Seller and his contractors shall take all solely precautions, fumuh and iwmll all guard naasary for the prevention of accidents, comply with all sua and regulations with segand so safety including, but without limitation, the Ormiedianal Safety all Health Act of 1970 all all rules and regulations issued pursum, Netem. Revised GM014