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HomeMy WebLinkAbout494473 RELIASTAR LIFE INSURANCE COMPANY - PURCHASE ORDER - 9150018PO PURCHASE ORDER 915001er Page C117/ of PURCHASE 9150018 1 of z ' `t Collins ins This number must appear ` \� ` 1 1�7 on all Invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 494473 RELIASTAR LIFE INSURANCE COMPANY 3702 PAYSPHERE CIR CHICAGO IL 60674 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. PER THE TERMS R CONDITIONS OF CONTRACT 7671 Line Description Quantity UOM Unit Price Extended Ordered Price t FMLA ADMINISTRATION 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 23,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state anal local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption CeniGcate of Registry 84-6000587 is registered with she Collector of Failure of the Purchaser to insist upon shot performance of the mom and conditions hmmf, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamas 1973. Chapter 39-26.114 (a). exercise my rights a families provided herein or by low, failure to promptly notify the Seller m the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not make the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wanantia or obligations of this purchase order and shall not be darned a waiver of my right of $e damage in mmit, may be renamed to you for credit and are not no be replaced except upon receipt of verged purchaser m insist upon strict rafomnce hereof., my of its rights Or remedies as 1. any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, u to my prior or subsequent default hereunder, rim shall my purported onl modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Impation. GOODS are subject to the City of Fort Collins impaction on radial. heeof. Final Acceptance. Receipt of the metchaMise, services Or equipment in response m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. iuNoriud payment on the part of life City of Fort Collins. However, it is m be undammod that FINAL Sella and she purchaser caognixe that f actual economic practice overcbmga resulting from mtimar ACCEPTANCE is defaming upon completion ofall applicable mryi,ed inspection procedures. violations em is Liar home by the Purehuar. Theranofed. for good cause and ss conaidaation for executing this purchase order, the Seller hereby assign to the Purchaser my and all claims it may now have or Ferealfer Freight Tema. Shipments matt M F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired undo federal or sate antitrust laws for such ovmhmges ttlaring to the particular goods or services otherwise specified on Nis maker. If permission is giver to prepay freight and charge separately, the original freight purchased.' acquired by Ne Purchdur pursuant to this pmcltau order. bill most accompany invoice. Additional charges for Wild, will net M accepted. 13.PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.def ONS. Shipment Distance. Where manufacturers have distributing s vmions ports of then intsexcess If directs r, Setter to correct nonconforming or debility good by a lass to he agreed the on byPurchaser Per from d rsam,ad from l oicc when expected from ,he nearest distribution point m destination, and excess freight will be deducted form Invoice when a unwillingness an to comply, the Purchaser and t a indicates its inability or ser Purchaser and the Seller, end the Sella thereafter Purchaser shipments are made from grmta distance. available by the mast expeditious fawns available m it, and the Seller shall pay all may cause the work to be most orfomned cats associated with such work. Permits. Seller shall procure at aellm If car all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of rise sate, municipality, territory or political subdivision where the work is performed, or radial by any other duly cunstimed public autboriry having jurisdiction, over the work of version Seller further agrees to hold line City of Fort Collins mordess form add against all liability and loss incurred by them by naam of an centered our established violarion of any such laws, regulations, otdinances, rules and requimments. Authorisation. All parties to this contract agree that the repmsonativa art, in fact, Man fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions sand herein set forth and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by reference. Any additional or different reacts and conditions proposed by seller are objmred to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inamedimely if you cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivery mJ performance count M effected within the time sated ou the purchase mall and the documents amuhd harem. No acts of the Purchasers including, without limitation, acceptance of facial lam ddivaries, shall Opmte as a waiver of this pmvisimn In the went army delay, the Purchaser shall have, fo addition to other legal and equitable fanedies, the option of placing this order elsewimrt and adding the Seller liable for damages. However, the Seller shall rat be liable for damages as a result of delays due m auus nor reasonably furwaable which are beyond its reamisma control and witham ins fault of riatiligence, such acts official, acts ufcivil or military authorities, govmmental priorities, fires, forms. Bond, epidmies, wars or riots provided that notice of the canditiona causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In gue evens of any such delay, the dam of delivery shall M exteadd for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants But all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samplas and/or other descriptions given, will be fit for due purposes intended, and pafomal with the higher degree of care and cougma a In mcordonce with accepted ataManis for work of a similar nature. The Seller agrees to hold the purchaser Mariana from my Ions, damage or expense which the Purchaer may suffer or imm on account ofthe Sellers branch of wamnry. The Seller shall replace, repair or make good, without cost,. the purchaser, my defects or faults misiag within one (1) your or within such longer period Of time as nay be prescribed by law or by she remu army applicable wartenry provided by the Seller after the date of anapmnce ofthe goads Mousiest hereunder (acceptance at to M wucaw.bty delayed), ranging tom imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pumhater shall not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army urge, foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss arm, 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 order. 5. CHANGES IN COMMERCIAL TERMS. The poebaser may make any changes m the terms, other thin legal terns, including additions m in deletion from the 9.,ad. nriilmally ordered in th. sponfiations of drawings, by verbal or written chmge order. If my such change i f rani Ne.mount due or the time ofperfamance hereunder, an equitable adjustment shall M male. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this his amem as to any m all portions of the goods than not shipped, subject to any equitable alas t between the patties as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of fire Seller with respat to any goods which are the Sellers standard stock. No such temination shall relieve the Punctuate or the Sella of any of their obligations to to my good delivered hereander. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be assered within thiry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wzmns that all goods said herunder shall lave been produced, sold, delivered and famished in audit compliance with all applicable laws and regulations an which the good are subject. The Seller stall execute and deliver such documents as may be required to effect an evidence compliance. All laws and regulations required to be incorporator] in agreement of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaa hamleas from all costs and damages suffn al by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mourn, or covey this order, or my monies due or to beconu der hereunder without the prior wrinen mums argue other any. 10. TITLE. The Seller wartavls fall, clear and um ofdtide m the Purchaser for all equipment, materials, and it. fumiahed in performance of this ag daudd, free and clear of my and all lira, rcsmictions, reservations, milady interest encumbmces it claims Ofothers. The Sella shall release the purchaser and am contractors army her from all liability and claims of my nature resulting form the performance afauch work. This release shall apply even in the event of fault of acgligame of the pray, oda ed and shall extend to the directors, officers and employees ofawh party. The Sellers contr4ctml obligations, including womanly, shall no, be decided m be reduced, in my way, because such work is performed or caused to M performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, mandid or p rneu covered by lamer, prawn, trademark or copyright, the Seller shall indemnify and save harmless the rerchuer from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pmdmuer for any cost, expense or damage which it may be obliged m fray by down of such infringement at any time during flu prosaution or after the completion of the work. In case said equipment, or my part thereof of the intended as of the goods, is in such suit held to constitute infringement and the use of said equipment or part is mj.i.cEL the Salle, shall, at its own expense aed at its option, either proved, for the Purchaser the right m continue using aid nryipmmd or parts, replan the same with substantially equal but mninfringing aluipment, ar modify it so i, becomes rummufringing. 15. INSOLVENCY. If the Seller shall become insolvent or backrest, make an assignment far go bcncfil of account, appoim e receiver or meta for my of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreement and the rights are] portion hereunder shall he construed under and governed by the laws of the Sate of Colorado, USA. The following Additiraal Conditions apply only in taus where the Seller is to Ni fora work hereunder, including the mawas orsellas Rcprtsenative(s), an the premises.fodurs. ❑. SELLERS RESPONSIBILITY. The Sella shall carry, on said work at Sellers own risk until the came is fully completed and awarded, and shall, in case of my w6dent, destruction or injury to the work mdior materials befam Seller's final completion and acceptance, complete the work at Sellers own expense and to life satisfaction of go Purchases. When materials and equipment are famished by .,hers for installation or froxim by the Seller, the Seller shall receive, unload, snare it handle same at the site and become responsible therefor as though such materials impairequipment were being Minimal by the Seller under the ardm. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of worker compensation, =1l g acupational diaau hmefis, on its employees employed on or in fomation with Use work covered by this purcM1au rider, output to their depardents in amrdmce with the lows of the state in which the work is in he done. The Sella shall also any comprehensive gemml liability including, but Out limitd m, cmemtual and automobile public liability insurance with bodily i jury and lath limits of m treat $300,000 for any me parsed, $500,00o far my one accident and property, damage limit per accident of 5400,0130. The Sella shall likewise require his contractors, if any, to provide for such compensation wool insurance. Before my of the Sellers or his cdmmenors employees shall do my work upon the Frcmism of others, the Sella shall famish the Purchase, wain is artificate the, such mmparomm. and insurance have been provided Such carti0ates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be cam mind until after the Mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the afie responsibility and liability for any a call damage, lass or injury army kind in nature wM1atscever to Panama or pmpery mused by or resulting form the exavtion ofthe work provided for in Nis purduse order or in cinnabar herewith. The Seller will indemnify and held harmless the PmcM1azn and my or all of the Purchasers oBiwers, agents ad employes from and against my cad all claims, losses, damages, chnges or expenses, whether direct Or milm ct, aM whether to Fasous or propery m which the Pumhuer may he put or subject by .. of my ah action, neglect, omission or default on the part of the Sella, my of his contractors, Of my of the Sellers or contmaors officers, agents or employers, f ate my suit or other prascalm, shall M brought against the Purchaser, or as ORcars, agents ar employees of my time of account or by reason of my rat, action, neglect, omission in default of go Seller of my of his contractors or my of its or their officers, agents or employees ns aforeaid, the Sella hereby agrees to assume the defense thereof and to defend the some at the Selers own expense, to pay my and all costs, charges, attorneys Las and other apaues, any and all judgments that may M incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other tier he placed upon or obtained against the property of line Purchaser, or said parties in or as a result ofs tch sums or other proceedings, the Seller will at once cause the same to M dissolved and discharged by giving bond in otherwise. The Seller oral but contractors shall take all safety, pmcaulinns, famish and install all guards necessary, for the prevention of mcideas, comply with all laws and regulations with regal to safety including, bra without limitation, the Occupational Safety and HrslthAct of FUO it all cola and regulations issued pursuant thamm. Revised U9Q014