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HomeMy WebLinkAbout494473 RELIASTAR LIFE INSURANCE COMPANY - PURCHASE ORDER - 9150019PO PURCHASE ORDER 915001er Page C117/ of PURCHASE 50019 1 of z Flirt Collins( his number must appear /�„!'\V`I ` V 1 , on all invoices, packing �slips and labels. Date: 01102/2015 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 & CONDITIONS OF CONTRACT 7671 Line Description Quantity UOM Unit Price Extended Ordered Price 1 GROUP TERM LIFE 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 360,000.00 Total $360,000.00 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 2of2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt f state and local was. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Puochaser to insist upon strict performance cribs terms and assu itiom hereof, failure Or delay to Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 is (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the went of a branch, the acceptance ofor payment for goods hereunder or approval oftha design, shall not release the Sella of Goods R jectM. GOODS REJECTED due to failure to meet specifications, either when shipped or dot to defects of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may M resumed to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon smut Performance hereof or my of its rights or remedies as to my such goads, regardless instructions farm the City of Fort Collins. of what shipped, received or accepted, as . any prior or subsequent default hereunder, nor shall any purported anal modification or rescission of this purchase order by the Purchaser mpdare as a waiver of my of the term larpection. GOODS are subject to the City of Fiat Collins inspection on ar ival. hereof. Final Acceptance. Receipt of the merchandise, services or quipmm, in mpnmt to Nis ocher cam mW, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fort Collins. However, it is to be, understood that FINAL Seller and the Purchaser recognise that in actual ecommic practice, nvemhatges resulting from indicator ACCEPTANCE 0 dependent upon completion ofall applicable required inspection procedures. violations as in fact home by Me Purchaser. Theramfore, for good cause and as mrsideratim for extending this purchase order, the Seller hereby assigns to the Parchaser any and all claims it may mw have or hereafter Freight Terms. Shipments must be F.O.D., Ciry of Too Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under (Meal or state antitrust laws for such ovachargn relvting m the particular goods or services otherwise specified on this order. If permission is given In prepay freight end charge separately, the original freight purchased or acquired by Me Purchaser pursuant to this pumhae, order. bill must accompany invoice. Additional charges for Packing will not ho accepted. 1ft PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. points in various parts of the country,voce shipment is have dawari, Shipment Distance. N9rcte s.nufion If the Purchaser cheers the Seller correct nonconforming or defective good by a date to co agreed upon by the a expensed farm the ,rest distribution point m desi.Iimn, vrW excess freight will M deducted from Invoice what Poi a le indicates its iwa. ai unwillingness to comply, the Purchaser Purchaser the Seller, evd the Sellay shipments ate made farm grata distance. may Cause the woh to ho tared by the mall expeditio. means awilable . it, and the Sella shall pay all gas the dra rusts associated with such work. Permits. Seller shall procure at antlers sole rust all permits, mfiwles and licenses required by all and rules am .a, political subdivision whoa state, municipality, y, applicable laws, regulations, orded] The Shcd shall Meuse ,he Pumhawr ell it wntrazmrs of say tier farm all liability and claims of any metre tythe authority ha in the work is performed,Lomb or required by any other duly a.tituled public anthorom having g aunt allilia ova the work by resulting from Me perfoemmce ofsucM1 work. of venaar. Seller fuller agrees m hold the City Fort Collins harmless and against all and loss suchl Ordinances, them by reason Of an asserted or established violation of any arch laws, regulations, ordinances, rules urreJ li This rdcase shall even in the event of fault of negligence of the parry released and shall extend m the re and requirements. and a directors, olEcers and employees of such pony. Authorization All parties to this contract agree that are rcpresenmtivai ate, in fact, bona fide and Excess full and The Sellars communist obligations, including warranty, shall not M deemed to be reduced, in my way, because complete ruoody to bind said panties. such work is performed ar caused to be pert Mby thePrchosm. LIMITATION OF TERMS This Purchase Orrice expressly limits ow palana to the teats mul couddimew stated herein set forth and any supplementary or additional tams ell conditions smexed herb or iacoryomted herein by refereme. Any additional or different terms and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in amve on your promised delivery date as noted. Time is of the essence. Delivery and performance must be affected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without lireitaim. acceptance of 'dial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition ,o other legal and equitable remedies, Me option of placing his order elsewhere and holding the Sella liable for damogcs. However, the Seller shall not be liable for damages as a result of delays due to causes tut reawmbly foreseemle which art beyond its reasonable mewl and without its fault of negligence, such ads nfGod, acts ofcivil of mi fterY mshonEa, godminceaml prinrides, fines, strikes, flood, epidemics, wars as not povided slut notice of Me condidms causing such delay is given to Me Purch.a within rive (5) days of the time when Me Seller first received knowledge hereof. In the event of my such delay, the date of delivery shall be extended for Me period quad to the time equally lost by reason ofth delay. 3. WARRANTY. The Seller warrants het all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples starter other descriptions given, will Lou fit for the purposes intended, and Performed with Me highest degree of care and competence in accordance with accepted standard for work of a similar eatare. The Seller agrees to hold the purchaser honaless farm any loss, damage or expense which Me purchaser may suRm or incur on account of the Sellers breach of wmrunry. The Sella shall replace, repair m make good, withmm cost 0 the purchaser, my defect in faults arising with. one (1) Year or within such Imgd period of time as may be pmcribM by law, or by the «cos ofany applicable wamnly pmsidM by dies Seller s0er the date of acceptance of the goods fisM1ed homemaker (accepmna rest to be ummammbly delayed), resulting from impdfat in defective work done or materials fumisbM by Me Seller. Acceptance or use of goods by Orc Purthaser shall sot constitute a waiver of any claim under this war st ry. Except as otherwise parvidM in this purchase order, Me Sellers liability hereunder shall extend to till damage proximately caused by the bunch of any of,he foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of sett. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lams by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Endorsed may make my changes to the move, Other Nan legal terms, including additions to or delMons fium the quantities originally ordered in are specifications in drawings, by vedul or wnnen change oNa. If any such change aRects the amount due or the date ofperfomance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen charge order, terminate Nis ageement as to any or all poniaas of Me goods then not shipped, subject to my equitable adjustment between Me panic as to any work or materials then in progress provded Nat the inch., shall not be liable for any claims for anticipated profits on he uncompleted purser of the goods mdror work, for incidental or cer.e ramial damages, all Mat no such odjustmem be made in favor of Me Seller will respect to any goods which art th Selers standard stack. No such tamimtion shall relieve the Purchaser or the Scllcr of any of their obligations. to any goad delivered hutcanded. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment man be asserted within hied (30) days from Ne date sho change or tcrmiratim is valued. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold remainder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may ho required to effect or evidence compliance. All laws and regulations rgWred to be ncoryoram in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchua harnless from all costs and damages suffered by rho Purchaser as a mull of the Sellers wh n, to comply with such law. 9. ASSIGNMENT. Neidscr parry shall assign, member, or convey, this order, in my monid due or to become due hereunder without Me Prior woman Orresant art, other party. 10. TITLE. The Seller ..is full, clear all umesmcsed Orle to the Pucb user fan all equipment, materiak, and items Broadhead in penomtarce of this agreement, free unit clear of any and all lie., restrictions, msmalions, security interest encumbrancer and claims ofothers. 14. PATENTS. Whenever the Seller is examined to use my design, device, material or reocess covered by lever, Patent, bouldemk or copyright, the Sella shall indemnify and save harmless Me Pumhower farm any and all claims for infringement by retean of are use of such patented design, device, material or possess in comedian with the contract, nerd shall indemnify the Pmchazer for my coat, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of are work. In case said equipment, or any part thereof or the intended use of the good, is in such suit held to constitute infringement and the me of said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace are same with substantially equal but noninfringing equipment, or modify it sec it becomes mrdmmnging. I S. INSOLVENCY. If Iho Seller shall become insolvent or hamkeupt, make an assignment for rho benefit of creditors, appoint a receiver or trustee fan my of the Sellers property or business, this ocher may foMwith be canceled by the Lancaster without liability. 16. GOVERNING LAW. The definitions orient used or Me interpretation ofthe agreement and the rights ofall parties hereunder shall he commuted under and govemad by the laws ofhe Stale ofCol..&, USA. The following Additional Conditions apply only Or cases where the Sella is m perform work hereunder, including the services of Sellers Rapreadualive(s), on thcficalm afifted. IT. SELLERS RESPONSIBILITY. The Seller shall tarry as said work at Sellars own risk until the same is fully completed and accepted, all shall, In rase of any accident destruction or injury . tie work afil or materials before Sellers final completion all acceptance, complete he work at Sellers own experts, and no the satisfaction of Me Purchaser. When materials and equipment not fished by others for m talli sion or erection by the Seller, the Sella shall receive, unload, stow end handle sane at the site and become tespa nd le therefor as though such eramnsa anchor equipment wart being f ishM by the Sella under he order. 18. INSURANCE. The Seller shall, et his own expense, provide for Me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coverts by Nis purcaree order, anNar to Orcv dependants in accordance with the laws of the state in which are work i to be, done. The Seller shall also carry comprehensive general liability including, but Out limited W. committed all automobile public liability tmuro nce wub bodily injury, and death limits of at least S300.000 fan any one person, SSW.WO for any a.. accident and property damage limit per accident of S4(0,000. The Seller shall likewise require hi if my, to provide for such cromparroation and insurance. Before my of dw Sellers or his conteradom employers shall do my work upon the premises croaked, the Seller shall fish the Purchaser with a anifiate that such compensation and insurance have been provided. Such cenifiaser 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 thus such compensatiern and insurance shall be maintained until after are entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby accounts arc entire newmsiahty all liability for any and all damage loss or injury xfanY kind or nature whomever to persons or pmpesry caused by or resulting farm the execution ofthe work provided for in Mis purchase order or an cardwrtim herewith. The Seller will iMemnify and Mid hoemlas the purchases eed any or all of the Functioned, officers, agents and employees farm and against my and all claims, losses, damages, cartel or expenses, whether direct or indiddr, and whether m prowas or property m which the Purchaser may be put or subject by reason of my Oct. action, reglaL omission or default on Me and of the Seller. my of his contractors, or my of Me Sellers or contractors officers, agents or amployas In caw my suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employers at any time oa account or by reason of my act, action, neglect, omission or default of Me Seller of my of his contractors or any of its or their officers, agents or ernplayees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to defend the sanrc at the Sellers own expc.c, to pay any and all cats, charger, a cars" fees mall other expense, any and ell judgments arm may be imtured by or obtained .gains, dre Purchaser or any of its or their omens, agents or employees in such soar or other proceedings, all in can judgment or other lien be placed upon or abrimd against the property of th predicted, or said parties in or as a malt afsuch suits or other proceedings, are Sella will . once suss the ante to be, dissohed and discharged by giving boll ar otherwise. Tho Sell. and his contramors shag rake all safety precautions, fish and install all guard ndessary for Me prevmtim of accidents, comply with all laws and regulamours will regard to afrry including, but without limitation, the Occupational Safety all Health Act of 1970 and all rules and regulations issued pursuant Memo. Revised 09r2014