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HomeMy WebLinkAbout494473 RELIASTAR LIFE INSURANCE COMPANY - PURCHASE ORDER - 9150012Fort Collins Date: 01/02/2015 Vendor: 494473 RELIASTAR LIFE INSURANCE COMPANY 3702 PAYSPHERE CIR CHICAGO IL 60674 PO Number Page 9150012 1 1of2 This number must appear on all invoices, packing slips 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 Ordered Price 1 ING STOP LOSS COVERAGE 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 1,050,000.00 Total $1,050,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm sate and local roes. Our Exemp ran Number b 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 8,16 582 is registered with the Collector of Failure of the Purchaser to insist upon shirt performance office terms and conditions thereof, failure or delay m Internal Revenue, Definer, Colmodo (Ref Colorado Revised Stammers 1973, Chapter 39-26,114 (a), examise any right, or remedies provided herein or by law, failure to promptly gratify the Sella in the event of a breach, me acceptance arm payment for goods heramde or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to am sposifeartmn, either when shipped or des to defects of any of the waantim or obligations of this purchase order and shall not h darned a waiver of any right of me damage in usnsit may be remdned to you for credit and aft not to be replaced except upon receipt of women Purchaser m insist upon xum performance hacofor any of its right, or remedies as to any such goods, regardless imuudima from the City of Fart Collins. of when shipped, received or accepted, as to any prim or subscournt default hemunder, mar still any postponed oat modification or rescission of this purchase order by the Purchase operate in a waiver of any of the terms lmpection. GOODS are subject to the City of Fort Collim inspection on radical. hereof. Final Accepance. Receipt of the merchandise, madous or equipment in response m this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable acouired inspection procedures. violations are in fact home by me Purchmer. Thercmfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser 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 $0522, unless acquided under federal a sale minim eat laws for such overcharges relining to the patentor goods or services otherwise specified on this order. Ifpmnial.. is given to prepay freight and charge seprmely, the original freight purchased or acquired by the Purchaner pursuant to this pmchsse order. bill muss accompany invoice. Additional charges for packing will nor be acupted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disagree. Where manuDenuers have dbWbuting points in various pods of the country, adipment is Ifthe Purchaa directs the Seller b roaect nonewformmg or defective goods by a date to be agreed upon by the expected from the moved dicaibution point in destination, and excess freight will to deducted fmm Invoice when Pmchaner and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, We Posebaser shipments an made fmm greater durance. may cause the work to be performed by the most expeditious memo available to it, and the Seller shall FY all cents associated wins such work. Panda. Seller shall procure at sellers sale curt all naessery permits, certificate and liama required by all applicable laws, regulation, ordinances and rules of the sate, municipality, territory or political subdivision where The Seller shall mime the Purchaser and its contactors of any her from all liability and claims of any namue the work is performed, or required by any other duly coati flat public authority baying jurisdiction ova the work resulting from the performance ofsuch work. of cordon. Seller further agrees to hold the City of Fart Collins hmmleas from and against all liability and loss incurred by them by ream. area awed a aablished violation of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. director, officers and employees ofsuch Arty. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and omplete amhooty m bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions radial herein act form and any supplementary or additional emu and conditions mmexed hereto or hompommd herein by reference. Any additional or cultural arms and wndifons proposal by seller are objected to mall hereby mjated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immedlaely if you canmd make complete shipment m'eaive rim your promised delivery date as noted. Time is ofine... Delivery and pert ce must be effected within me time sated on the purchase order and the documents atached herem. No acts of me Purchasers including, without limitation, acceptance afraid Ime deliveria, shall operate a a waiver of this pmsisian In the event army delay, the Purchaser shall have, in s ldidon mother legal and Notable remedies, me option of placing this order elsewhere and holding he Seller liable far damages. However, the Seller shall nor he liable for damages as a result of delays due to causes not amonably foremost which are beyond its reesmable control ad without its fault of negligence, such ens of Gad, acts ofavil or military authorities, governmental priorities, fares, strikes, Broad, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller 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 usually lost by reason ofine delay. 3. WARRANTY. The Sella w octants mot all good, articles, mareriab and work revered by this order will conform with applicable drawings, specifications, samples ardor other alacriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standard for work of a 'mil. raurm. The Sella agrees m hold the purchaser hadanlas fmm any loss, damage or expense which the forecloses may sufferor or on account of the Sell. batch i f wamvw. The Sege shall replace, repair or make good, without moo to the purchaser, aY defects or faults wising within one (1) Year or within such longer period of time a may be prescribed by law or by dh hams army applicable waranty, presided by the Seller afterme date of acomence of the good furnished hereunder (acceptance not to lire umeawddablY delayed), resulting fmm impaction m detective work done or materials f rroished by me Sella. Acceptance or use of goods by the Purchases shall rmr constitute a waiver of any claim dmder this warranty. Except as ohewise provided to $is purchose order, the Sellers liability hereunder shall extend as all damages proximately caused by the breach of any ofine foregoing waanlies or guammas, but such liability shall in no roam include lass of profits in loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchnser may make changes to legal firms by wdnen change order 5. CHANGES IN COMMERCW TERMS. The Purchaser may make my changa to the tame, other man legal arms, including additions to or delemiou s from the 9-.titi- originally ordeal is the specifications ar drawings, by verbal or —at. change order. If any such change affects me amomar due m me time ofperformam:e hereunder, as intuitable nd isda at shall be made. 6. TERMINATIONS. The Purchaser may, a any time by wring image solar, ..I.. this agreemend as many or all jamims of the good then not shipped, subject to any expaiable ndjmtmort betwoon the Parries as to any work or materials then in progress provided that the Pri chser shall not he, liable for any claims for antiapad profs on the uncompleted prtion of Iloo good sai wok, for incidental or c m eammial damages, and that no such W mtmnt be made in favor of the Sella with rapat to any good which me, the Sellers standard stock. No such tetmitatim shall relieve the Purchaser or the Seller ofrny aftheirobligations an to tiny goods delivered heewder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or teaainmion Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in stria compliance with all applicable laws and regulations to which me good .e subject. The Seller shall execute and deliver such documents az may be mluir d to effect or evidence compliance. All laws and regulations acquired to be incorporated in agreements of this character ma hereby, in mprmted herein by this reference. The Seller agrees m indemnify and hold me Purchaser harmless fmm all costs and damages suffered by the Purchaser as a hunts of the Sellers Elision to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, transfer, or as, this coda, or any mwda due or to became due hereunder wi0out the poor wrima ronot al ofilm rimer party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser fir all equipment, materials, and items famished in performance of this agreement, free add clar of any and all liens, restrictions, tescrvaima, maturity interest cncumbmnces and claims of others. The Seller's contractual obligations, including waaanty, shell not be deemed to be reduced, in any way, baause such work is performed or caused to be Performed by the Purchne. 14. PATENTS. Whenever me Sella is required to use any design, devcc, rimaial or praess covered by term, potent, aademok copyright, the Sella shall indemnify and save handless me Purchase man any and all claims for iafringernmm by reason of the use of such Flared design, device material or preccss in mmdection with the conrmc, and shall isdemnify the Purchmer for any eat, expense or damage which it may be obliged to FY by reawn ofsuch infringement at any time during the pmsctvmion or after the completion of me work. In case said compmat, or tiny part thereof or me intended use of the good, is in such suit held to emuuma infringement and the use of said couipment or part is enjoined, the Sella shall, at its owou expense and at its option, either pmcoure for me Purchaser the right to continue using said equipment or parts, replace de same with submantialty count but noninldnging equipment, or modify it m it becomes ooni adinging. 15. INSOLVENCY. If me Seller shall become insolvent or bankrupt, make an assignment for me benefit of credimrs, appoint a receiver or tmsme for my of the Sellers property or business,sa this order may forthwith be cacled by me Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms Cued or the interpretation of the agreement and to rights of all parties hereunder shall be cmuwed coder and governed by the laws ofine Sate of Colorado, USA. The following Additional Conditions apply only in a where the Sella is as perfamd work hereunder, including the services afSellers Repcserwi ive(s), an me premises of Ober, 17. SELLER$ RESPONSIBILITY. The Sella shall Gamy, on said work a Seller's own risk until the same is fully completed and aapled, and shall, so tse of any accident, davuction or injury m the wok mark., matmaB bet Seller's fwl completion and acceptance, complete the work at Seller's own expense end I. the satisfaction of me Purchases. When materials and tydpmend ma f edia by other for installation or erection by the Sella, the Sella shall receive, unload, store suit First same at the site and become respnsble modern, as though such mammals ardor expopmem were being fumished by the Sella under the major. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection wins the work covered by this purchase order, ardor to their dependents in accordance with the laws of me same in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited a mmratual and automobile public liability insurance with bodily injury and death limits oral leant 5300,Oa0 for any one person, $500,0001 for any one ..do., and property courage limit per accident of 5400,0m, The Sella shall likewise require his cano-ators, if any, to provide for such compeuvtirn end Insmance. Before my of the Sella or his ronrrscrrrs employees shall do any work upon the premises of others, the Sella shall furnish the wremse wins a atafdcate that such compaasetirn and assurance have been provided. Such certifdcam s shall specify the cute when such composessfires and insurance have ban provided Such certificates shall specify me date what such campeasatim arm insurance expires. The Sella again that such compensation and insurmee shall be mainained onril per the endue wok is completed and aapted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assume the entire raponsibili y and liability far any and all damage, loss or injury army kind or name wmtscever to persons or property causal by or resulting from the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Pur, m anst chaser, offcers, agents and employees train againany and all claims, lasses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, anion, neglect, omission or default on the part of the Seller, any of his ronnactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against to Portland, or its officers, agora or employees at any time on account or by rasa of any ac4 action, millcct, omission or default of me Sella of any of his ammm me or any of its or their offcers, agora or employees m aforesaid, the Sella hereby agrees to auume the defame thereof and to defend the same at de Sellers own expense, to pay any and all casts, charges, mtomeys feet sad other expenses, any and all judgmats that may be mourned by err odmand against the Purchaser or any of la or their officers, agents or employees as such suits or other proceedings, and in cue judgment or other lies be placed upon or obau d against the property ofthe Purchaser, m said parries an a as a result ofsuch suits or other proceedings, to Seller will so Dote cause the sane m bn dissolved and &a hadged by giving bond or otherwise. The Sella and his ....as sthal take all afcty, precautions, famish and install all guards romandry for the prevcndon of acidema, comply wins all laws arm regulations wins regard to safety including, but without radiation, me Occupational Safety and Health An of 1970 and all roles sad regdauom issued pursoat theran. Revised 07nOl4