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HomeMy WebLinkAbout119514 ANTHEM LIFE INSURANCE CO - PURCHASE ORDER - 9150003Fort Collins Date: 01/02/2015 Vendor: 119514 ANTHEM LIFE INSURANCE CO DEPT L-8111 COLUMBUS OH 43268-8111 PURCHASE ORDER PO Number Page 9150003 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: 01/02/2015 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 f1..lu.n.l t Voluntary Life Insurance 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.com 1 LOT LS 250,000.00 Total $250,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Estate Tax Exemption Central., Of Registry 84-6MS87 is registered with the Collector of Internet Beer., Denver, Cut—& (Ref Coloado Revised Statutes 1923, Chapter 39-26, 114 (a). Gaud Rejected. GOODS REJECTED due to railcar in meet specifications, either what shipped or due to defeat of damage in commit, may he rebnnd bayou for credit and x Out to be replaced except upon receipt of written instructions them the City of Fon Collins. Inspection. GOODS ore subject he the Ciry of Fort Collins inspection an arrived. Final Acceptance. Receipt of the merchandise, services of equipment in response to this order can rain, in authorized Payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon mmpldion of all applicable required impaction pence dures. Freight Tams. Shipments musr W F.OB., City of Fan Collins,'/00 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. Ifpennisdon is given m prepay freight and chine, zepvately, the original fight bill must accompany invoice. AdditimW charges for Pwkingwill not he acapted. Shipment Distance. Where mamfacturers have distributing points in various pans of the country, shipment u expected tram rise nearat distribution Point to destination, and excess freight will be deducted from Invoice when shipments we made fmm greater distance. Permits. Sella shall perea a at sellm sale cost all necessary permits, nnificana and liceran regional by all applicable laws, regulations, mrdinaence and roles othhe sate, municipality, territory or political subdivision wbrm the work is performed, it, eequird by any other duly conshimtd public aulhorily havingjurisdieian aver the work of vendor. Seller fuller agree an held the Ciry of Fan Collins harmless fmm and agairul all liability and loss incured by them by reason of or assenal Or established .[.Iran of my such laws, regulations, ordimnees, tales and fix, irements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete ambority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits mcmpincr to the terms and conditions stated herein set fond and my supplementary or additional lama and conditions annexed hereto or incorporated heroin by referemo. Any additional or different tams and conditions proposed by seller ere objeatal m ad hereby paled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery time as noted. Time is of thr rims. Delivery and performance most be a@tied within the time stated on the purchase order and the documents anachal hereto. No nets of the Purchase, including, without limitation, interpose of ponds] late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase shall have, in addition an other legal and equiable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, me Seller shall not be liable for damages to a result of delays due to eases col notionably Bureaucratic which oar beyond its rm,v.nable control and without its fault ofeogligenn. such acts of God, acts trfumt m military, mthomia, gavemmmtal Prionfia.f , srrikes flood, epidemic warsm not; provided Nat notice of the amnions ceasing such delay is given to the Purchase within five (5) days of the time what the Sella first teemed knowledge thceaf In the event of any such delay, me date of delivery shrl be exttodedf the period rqual to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, anicla, materials and work covered by this order will conform with applicable dmwitup, specifications, samples and/or order descripfiam given, will he fit for Ne pueposes intended, and performed with the hlghet degree of are anal mmprli ae in accordance with accepted manicures for w'ocle of a similar nature. The Sella ngees to hold the Purchaser harmless from any less, damage or expense which the Purchasermay suft or imur on anmuat of the Sella breach o(wartanry. The Seller shall replace, eepa'u or make good, without cost to the pmchawr, any der a or faults arising within one (I) year or within such longer peril of time as may be prescribed by law or by the terra of any applicable warranty pmark d by the Sella alter the date of acceptance of the goods famished hereunder (mrepmna not in be, unreasonably delayed), mulling from imperial or defective work done or materials banished by the Seller . Accelerate or use of good by the Purchaser shall not coustitate a waiver ofany claim ander this wartenty. Except as otherwise provided in Nis purchase order, the Sella liability hereunder shall extend to all iLrop a proximately caused by the beach of my of the foregoing warrmties a guamnleas, bur such liability shall in m anus include loss afpmfits or Imo of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FHTESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terra by worm change ore. 5. CHANGES IN COMMERCIAL TERMS. The Puehasa may make any eban me no the terms, other from legal Ones, including additions m or dolmans tmm the quanlitia originally ordered in fine specifications or drawings, by verbal or wrinm change order. If any such thing, affem the amount due in fie time ofpceformence hereunder, an equitable edjmhment shall be made. 6. TERMINATIONS. The Purchmer may at my time by wriam change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to any equiable adjuament between the panic as to any work or materials then in progress provided that the Purchaser shot] not be liable for my claims for anticipated pro0s on the uncompleted ,onion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sella standard stock. No such termination shall relieve toe Purchmer or the Sella ofany ofdw, obligations m to any good delivered heeonda. ). CLARAS FOR ADJUSTMENT. Any claim for adjustment most be assent within thirty, (30) days from the date the change in ecmNation is mdaea 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have ban produced, sold, delivered and famished in inner compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be retained to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of Nis character am hereby incorporated herein by this reference. The Seller ogres to indemnify vd hold the Purchase hornless fmm all eats and damaga suffcrcd by the Purcbaa as a result of the Sella failure he comply with such law. 9. ASSIGNMENT. Neither party shall assign, namfa, or convey this order, of my monies due or to become due hereunder without the prior wri om cement of the otherpOOY 10. TITLE. The Sella warrants full, clear and uomi icmd title to the purchawr for all equipment, nataids, and items famished or performance of this agreement fie and clear of my and all limn, mrrictiom, ramatiom, security moral rncumbrzuca and claims ofmbm. 11. NONWAWER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exerrise any rights or remedies provided herein or by low, failure to promptly ratify the Sella in the event of a beach the acceptance of or payment for goods hereunder or approval ofthe design, shall not relcaw the Sella of any of the warranties or obligaliam of this purchase under and shut nor be domed a waiver of my right of the purchaser or insist upon strict priffir. me hmofarsay of its rights or mnedies as to my such good, regaMless of what shipped, received or accepted, ss to my prior or sul#djmtol default hacuude, tar shall my purposed oral rtwdiliation or reuission of this purchase odes by the Purchaser create as a waiver of my of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust violations arc in fact home by the Purchaser. Theretoforeforgoodcause and as comidermon for executing this purchase order, the Sella hereby assigns to Ne Pmchme my and all claims it may now have or hereafter acquired coder federal or sure actimm laws fro such treacheries relying to the reticular goods err carriers pprehaaed or acquical by the Purchaser pursuant to this purehvc ales. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser threats the Sella to emren nonconforming or detective good by a date in be agreed upon by the Purchmer and the Seller, and the Sella thre ader indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meets available to it, and the Seller shall Pay all casts maternal with such work. The Sella shall releax the Purchase and its contractors of my tier farm all liability and claims of any nature vaulting man the perfommme ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, aMe. and employers fsuch party. The Sellers contractual obligations, including warmty, shall not be deemed to be reduced, in my way, became such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is raluiard m use any design, device, material m process ¢'neared by label, paint, trademark or copyright, rise Sella shall indemnify mud save harmless the Purchaser farm any and all claims for inheritance, by reaon of the use of such patented design, dada, material in process in correction with the mnmacl, zed 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 rise proration or after the completion of Ne work. In case said equipment, or any pas thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its moon expense and at its option, elther procure for the Purchaser the right to continue using said equipment or Pans, replan the same with substmtially metal but non infringing equipmmL ar modify it sac it becomes mninfrictging. 15. INSOLVENCY. If the Sella shall became insolvent or band mpt. crake an ressigameat far the benefit of sedum,, eppoint a receiver or us nttt for my of the Sella property, ma or business, this order y forthwith wa ttled attled by the purchaser without ❑ability. 16. GOVERNING LAW. The definitions oftema used or the intemretation of the agreement rat the rights ofall parties haeunder shall be compared coda and governed by the laws ofhe Spite of Colorado, USA. The following Additional Conditions apply only in caws what the Sella is to Perform wok haecoda, including the amices of Scllm Repnesemanix'gO, on the pmnius ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk moll the tame is fully complete and accepted, end shall in u of any accident, destruction or injury to the work anchor materials before Sellers f 1 completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaer. When materials and equipment ere fum6hal by others for installation or erection by the Sella, the Seller shall receive, unload, short and beadle same at the sin card became rapomible therefor as though such mammals aarem, equipment were being fmoished by dw Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymmh of teorkm compawtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anchor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive Seemed liability including. but not limited to, contmetual and automobile public liability insurance with bodily injury and &am limits of at it. S3OV0o0 for any one person, E500,000 for my one accident and property damage limit per accident of S40o,tRp. The Sella shall likewise require his contractors. if my, in provida for such compersaton and insurance. Before my of the Sella or his contractors areploynsahall doany We& upon the peemiusofothers, the Sellershdlf cab the Puchaser with annifiate that such compensation end houeme have ban provided Such nrdfiates shall specify the date what such compenation and imumnce have been provided. Such catifiare shall specify the doe when such compensation and Nsuance expires. The Seller agrees that such compensation and insurance shell ber mnaintained anti) after the entire work is completed and necepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as sum as the entire responsibility mud liability for my and till damage, loss m injury of my kind in reduce whosoever to persons or putter nuwd by or malting from the execution of Ow we& pevidd fro in this purchase order or in comear.herewith.For Sella will'mdcmnify and Told harmless the Pumbec rand any or all of the Isotherms trlficm, agmrrs and employees fmm and against any and all claims, lasso, damages, charges or expenses, whether direct or indiRa. and wbe on, m persons or pmpary m which the purchase may be pm or subject by mason of my tact. action, Orden, mmlssion or default on the pan of the Seller, my of his contractors, or my of the Sellers or mnterom officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its of cos, agents or employees at my time on account or by reomn of any tat, action, neglect, omission or default of the Sella of my of his contractors or my of its or their officers, agents in employers m aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the some an the Sellers own expense, m pay my and all taus, design, attorneys fees and other expenses, my and all Pollinators that may be incurred by Or obtained against Ne Purchmer or my of its or their offm, agents or employes in such suits or other proceedings, and in ase judgment or other lien be placed upon or thermal ,it the pmpeny ofthe Purchaser, or said panic in or as a mull of soh suits or other proceedings, the Sella will at once cause the same in be dissolved end disclaegd by giving bond or otherwise. The Sella and his contractors shall pike all safety precautions, fumuh and install all guards naasary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 mud all mica and regulations issued pursuant thereat. Revised 072014