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HomeMy WebLinkAbout496904 UMR INC - PURCHASE ORDER - 9150015PO PURCHASE ORDER 915001 Number Page C117/ of PURCHASE 015 ter z Flirt Collins( This number must appear /�.',-_ V`, �.I " 1 1 on all invoices, packing �sllps and labels. Date: 01/02/2015 Vendor: 496904 Ship To: HUMAN RESOURCES UMR INC CITY OF FORT COLLINS M&I BMO HARRIS BANK NA 215 N MASON, 2ND FLOOR UMR INC C/F PMT OF CLAIMS CIT OF FT COLL 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. PER THE TERMS AND CONDITIONS OF CONTRACT 7241. Line Description Quantity Ordered UOM Unit Price Extended Price t UMR ADMIN SERVICES FEES 1 LOT LS 750,000.00 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@fogov.com Total $750,000.00 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 I. COMMERCIALDEBAILS. Tax exemption. By statute the City of Fiat Callow is exempt Boom state and loved tax.. Our Exemption Number is 98-04502. Federal Excise Tax Exemption C.ifcae of Registry 84-6000597 is registeral with the Collector of Imemal Revenue, Deaver, Colombo (Rce. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due 10 fail., to meet specifications, either whm shipped or due 1. defects of damage in mini[ may be returned to you for alit and art not to be replaced except upon receipt of wdnen instruction from me City of Fort Collins Inspection. GOODS are subject 19 the City of Fort Collin inspection on nnivd. Final Acceptance. Receipt of the merchandise, services or equipment in Bpoten to this order can result in authorized payment on the pan of the City of Fort Collin. However, it t to be understand that FINAL ACCEPTANCE is dcpendem upon completion of all applicable n�uiM fspectiov poocedures. Freight Terms. Shipments most be F.O.D., City of Fort Collins 700 Wood St, Fort Collins, CO 80522..less otherwise specified on this order Jf permission is given to preppy freight and charge separt the original fieigh, bill must acmmwnv invoice. Additional chames for oackine will not be accented. Shipment Distance. Where manufacturers have distributing points in various pares of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made tram goal distance. Permits. Seller shall pr.mm at sellers sole cost all necessary permit, certifi.rm and licancs required by all applicable laws, regulations, mil ancaa and tales of the stale, municipality, tcnitory or political subdivision where de, work is performed, ar required by my other duly constituted public maherity havingjurisdiclum . the work of vendor. Seller Broker agrees to hold fe City of Fort Collin harmless f and again, all liability and Ins incurred by mein by rmson of an wsmed or astabl¢hed violation of any such laws, regulations, ordinancce, rules ard requirements. Authorization. All parries to this contract agree that me representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the W. and condfiion slated herein am form and any supplementary or additional terms and condition amazed hereto Co incorporated herein by reference. Any additional or different Lama and conditions proposed by seller C m objetled to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make ..plate shipment to arrive on Your promised delivery date. poled. Time is of fe essence. Delivery and perfoamanice must be offered within the time stated on the purchase order and the documents attached hereto. No acts of the purchasers including, without limitation, acceptance of verbal late deliveries, shall operate as a waiver of mix provision. In the event of any delay, the Purchaser shall have, in addition to other had and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due in moues not reasonably foreseeable which on beyond its reammble control and without its fault of negligence, such acts of God, viers ofeivil or military authorities, govem.ental I n undies, fires, strikes, flood, epidemics, wars or nots provided mat notice of the conditions causing such delay is given to the Purchaser within five (5) days of Ore time when the Seller first received knowledge there!. In tha event of my such delay, the date of delivery shill be cmerded for the pound a),I to to time morally lam by ratan of de delay. 3. WARRANTY. The Seller wattmts that all goods, articles, materials and work covered by this order will conform with e,[,.Me drawings, specification, sampler .Nor other description given, will be fit for me purposes intended, and Performed with me highest degree of can and competence in accordance win accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall titillate, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) Few or within such longer period of time as may be prescribed by law or by the terms of any applicable wartanry provided by me Seller after the doe of acceptance of the goods famished hereunder (acceptance not he unreasonably delayed), resulting from impart t or defective work done or materiels furnished by the Seller. Acceptance or use, of good by the Purchaser shall Out constitute is waiver of my claim under Nis.manly. Except n mhmviu provided in this phase mbar, the Sellers liability hereunder shall exmnd to all damage, proximately mood by On branch ofmy of the foregoing wmm sties in gparomax, but such liability shall in no event include Ices ofpoo0t 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 m legal it. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchncr may make any changes to the rams, other Chun legal terms, including additions to or deletions from the quantities ongindy ordered in the specifications or drawings, by verbal m won= change order. If any such change affects fe amount due or me time ofpafornunce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pwcbuser may at my time by woman change odes, terminate this agreement as in my or all podions of the Josiah, then not shipped. subject to any equitable adjurtmmt betwem the parties is, to my work Or mmenals men in programs provided mat me P.baser shall not he liable for my claims for anticipated prefit an to m xorplered portion of me good and/or work, for incidmol be consequential damages, and mat no such adjustment be made in favor of the Sella with respect to any good which are fe Sellers sundard stock. No such m raination mall relieve the Purchaser or the Seller ofany of their obligations ass an my good delivered h..der. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most a assured within thin (30) days tram me date the change or omoimlkin is ordered. 9. COMPLIANCE WITH LAW. The Seller wa t tat all good.ld hereunder shill an been poodmcd, said, delivered sod famished in strict compliance with all applicable laws and regulation to which the goods tie subject The Sella shall execute and deliver such doeosmrnt a may be required to etlect or evidence compliance. All laws and regulation required to be ncaryomted in agreement of this carncter are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Wachner hvmless from all cost and damages suffered by the Purchases n a —11 of fe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, banter, or many Ws ardor, or any martin due or to become due hereunder without the prior wrinm cuwent arose other pvry. 10.IIfLE The Seller wmtavt fill, clear and Concentrated title to to Pardoner fen all equipment materials, and isms fumabad in performance of this agrewent, free and clear of my and all liens, restriction, reservation. smuiry interest encumbrances and claims of others. I L NON WAIVER. Failure of the ha Purcser to insist upon strict performance of the terms and condition hereof, fixture or delay to exercise any nghts or remedies provided herein or by law, failure . promptly notify the Seller in me event of a breach, me acceptance afar payment for good hereunder or approval ofine design, shall not release me Seller of any of the wamenties or obligation of this purchau Order and shall not be domed is waiver of any right of me purchaser to insist upon strict perfxormare hemofar any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or sescission of this purchase Order by to Purchaser operate as a waiver of my of the aeon hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and to Purchaser mecognize that in actual a is practice, overcharges resulting from antinest violation. in fact home by the pre purchases. Thewfareforr good wore and a consideration for executing this phase order, the Seller hereby assign to the Purchaser any and all claims it may raw have or hereafter acquired under federal m state Cam us, laws for such overcharges relating 10 the particular goods or smite, purchased or acquired by me pmchasa pursuant in this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and to Seller thereafter indicates its inability or unwillingness to comply, the Pmchasa Cost, come de work to be performed by the most expedition means available m it, and the Seller mall pay all rests assacisted with such work. The Seller shall release %e Purchaser and its contractm of any fier tram all liability and claims or my neatarre resulting from the perf0mnance of such work. This releau shall apply even in the went of fault of negligence of me party micand and shill extend to the direnars, offers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever me Seller is required to we any design, device, material or process covered by letter, patent tsademork or copyright, the, Seller shall indemnify eW save harmless me Purchaser from my and ill claims for iafringammr by season of 0e use of such patmied design, device, material or process in connection with the contmm, and shall indemnify me purehasm for my cast, expense Or damage which it may be obliged to Pay by wawa of such infringement in my time during me pmsautian Or after me completion of On work. In case said equipment, or my pan mereof or me intended me of fie good, is in such suit held to .mime infringement mad 0m we of said equipment or pan is joined, me Seller shall, at its own expense and at its option, either pr.me for the Purchaser the right an continue wing said equipment or pads, replace the Come with substantially equal but noninfnimging equipment, or modify it to it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bad:mpt. make an assignment for the benefit of crediors, appoint a reacivar or trustee for my of the Sellers Popery or I nmat e, this order may forthwith be enticed by 0e Financier without liability. 16. GOVERNING LAW. The definition of,. vied or the imeryreunom i fta agrcanem and me right of all parties harmader shill be .owed under and governed by me laws afore State of Colorado, USA. The following Additional Condition apply only In cases when the Seller is to perform work Camcorder, including the cervices of5ellea Represenutivefs), on the premises mofers. 17. SELLERS RESPONSIBILTfY. The Seller shall tarty on said work at Sellch own risk until me same ls filly completed and accepted, and shall, ase of my occident, destruction or injury to On work arrd/Or materials before Sellers [oral completion and acapuac, c-.Plan me work at Sellers own expense and to me satisfaction of the P.lici When nowenat and equipment are furnished by rimers fen installation or enectiwn by the Seller. me Salley shall receive, unload, more and handle acme m me site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella order the order. IB.INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including n.upational disease benefit, to its employees employed on or in connection with the work covered by this phase order, and/or to their dependents in accordance with the laws of the state in which fie work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, comrmfal and automobile public liability insurance with bodily injury and death limits of in least S300,000 for any one person, $500,000 for any one accident and properly damage limit pa accident of 5400,OOo. The Seller shall likewise require his commut, if any, b private for such camperaatian end baurmce. Before my of the Sellers or his carouser. employees shall do my work upon the premises of ore., the Sella &ball famish the Purchaser with it alfificde Oat such .mpenCotian and maintain a have been provided Such artifi.ter shall specify the dune wham such compenuntion and inumnce have been provided. Such certificates shill specify the data when such compensation and Commerce expires. The Seller agrees Oat such comprnsanm and iwureace shall be maintained until after she .,ire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usarets fe entire responsibility and liability for any end all damage, Ins or injury of any kind or nature whatsaver to person or property w.d by or resulting from the execution of the wad provided for in this purchase Career or in connection herewith. The Sella will indemnify and hold harmless the Purchaser ard any or of of me pmchmm officers, agent and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or madirtcL ad whether to person or poppet in which the Percasa may be put Or subject by reawn of my and, nation, neglect, omission or default an the post of the Seller, my of his contractors, or my of fin Sell. or comrmors aft., agents or employ.. In case any suit or other proceedings shall be brought against the P.haser, err it affic., agent or employees m anY lime on account Or by aaun of my act, action, veglec4 omission or default of the Seller of my of his corwashors or my of it or Chair affic., agents or employees as aforesaid, me Seller hereby agreas to assume the defense, thereof and o defend fie smne at fe Sell. own expanse, as pay any and all cams, carges, anomeys Bras and affair experaes, my and all judgments fat may be inured by or obtained against the Purchaser or my of it or their officers, agent or employees in such sail or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property offe Purchaser, or said parties in or as a recall of such suit or other proceedings, the Sella will at once taut the same to be dissolved and discharged by giving bond Or otherwise. The Sella and his contractors shall take ill safety Precaution, famish and install all guard necessary f fie prevention of accidents, comply with all fan and regulation with regard to salary including. but wifom limitation, fie Occupational Safety anal Health Ace of 1970 and all rules real regulation issued Common Berea. Revised 07nO14