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HomeMy WebLinkAbout494473 RELIASTAR LIFE INSURANCE COMPANY - PURCHASE ORDER - 9150021PO PURCHASE ORDER 9150021 Page City of PURCHASE 50021 1012 Flirt Collins( his number must appear !-\V`I ` V 1 1 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 Buver: 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 t GROUP LTD 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 1 LOT LS 335,000.00 Total $335,000.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local Was. Our Exemption Number is 98-04502. FMeral Excise Tax Exemption Ceni@ate of Registry 84-600058) is registered with the Collector of Internal Revenue, Drove, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due 0 failure to men specifications, either when shipped or due to defects of damage in transit, may be rnumed 0 you fro credit and art not to be a pmced except upon receipt of written instructions fro the City of Fort Collins. Inspemim. GOODS are subject to the City afFon Collin isespectirm on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorved paymeal on the pan of me City of Fun Collins. However, it is m be understood dot FINAL ACCEPTANCE is dependent upon completion of all applicable re,unal inspection procedures. Freight Temrs. Shipments must be FOR., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless Otherwise specified on Ibis Order. Upermission is given to prepay freight and charge separately, the original freight bill must ass mpony invoice. Additional charges for packing will not be, accepted. Shipment Distance. Where manufacturers have distributing points in various Paris of the country, shipment is expected from the nwral distribution point to destination, and excess freight will b, deducted from Invoice when shipments are made from getter distance. Pmtum. Seller shall procure at sellers sale rest WI rxessary permia, reofemes and liemses required by all applicable laws, regulations, ordinances and roles ofine state, municipality, tri iwry or political subdivision where the work is performed, or required by any Other duly constituted public aut canny havingjurisdietion ova the work of vendor. Seller framer agrees to hold the City of Fort Collins hanmesc, from and against all liability and loss tared by them by reason of an sessnned or established violation of any such laws, regulations, ordinances, roles and requirements. Aumodvation. All parties to this conmach ogres, tam me representatives are, in fact, bona Ede and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order, expressly limits roc,.. an des terms and condown, stand herein set fOM and any sapplarmak ry or additional Mons used conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller an, objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts Of the Purchasers including, without limitation, acceptance of partial late delivenes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, is addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nut be liable far damages as a result of delays due b causes not reasonably foreseeable which are beyond its reumable cones[ and without its fault of negligence, such aces orGod. acts ofcuvil or military authorities, govemmmid priorities, fires, mikes. BOOB, epidemic. was or riots Provided that notice of the conditions musing such delay is given as the Purchaser within Eve (5) dys of the time when the Seller fast received knowledge therm(. In the event of may such delay, the date of delivery shall be extended for the period equal to the time actually lost by moron of the delay. 3. WARRANTY. The Seller wamnts that all goods, articles, matelots and work covered by this order will conform with applicable dmwiags, specifications, samples and/or who descriptions given, will be Et for the purposes intended, and Performed with the highest degree of are mad competence in accordance with accepted sundmlss for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purcham may suffm in incur on account ofine Sellers breach of wamanry. The Seller shall replace, repair or make good, without cost to the purchaser, an, defies or faults raising within mane (I) Year or with. such longer period of time u may be prescribed by law or by the hems of my applicable wdmnry provided by the Seller after the date of acceptance of the goods mmished hereunder (azceptma riot to be mumsonabty delayed), resulting from unperfect or defective work done or mammals famished by me Seller. Acceptance or use of good by tine PureMser shall not adequate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hctemdin shall extend to ail damages proximately caused by the bunch of any of me foregoing warranties or gainers, but such liability shall in no event include loss OfproBts ar loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the terms, Other than legal tears, including additions m or deletions from the quantities Originally ordered in the specincammix or drawings, by verbal or wain change order. If my such change aliens the amount due or the time of miumance hereunda, an calculable adjustment shall Is, made. 6. TERMINATIONS. The Purchaser may at any time by written change aide, terminate this agreement as to any Or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work Or materials then in progress provided that the Purchaser shall or be liable for any claims for anticipated profits on the uncompleted portion of the goods anNar work, for incidental or consequential damages, and shot no such adjustmen ha made in favor of the Sella with respect to any goods which we the Sellers sanded stuck No such termination shall relieve the purchaser or the Seller or., of their abligadmu .,a my goods delivered hereunda. 2. CLAIMS FOR ADNSTMENT. Any claim for adjustment must be asserted within thins (30) dyes burns the date du change or Initiation is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban 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 he required to effect Or evidence compliance All laws and regulations required to be ncaryouted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pucham harrnless from all costs and damages suffered by the Purchaser u a result of the Sellars failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Irensfer, or covvry this order, in my mimes due or m become due hereunder without the prior written consent turtle other party. ULTITLE. The Seller warrants full, clear and unrasocted title m the Purchase for all equipment, materials, and items famished in sarrom ore of Ibis a&cement, free and clear of any and all lien, resections, reservations, Marary mteest encumbrances and claims of others. I L NONWAIVER. Failure of the Pmchnser to insist upon strict performance of the area and conditions hereof failure or delay m exercise any rights or Ten Wies provided herein or by law, failure to promptly notify the Seller in the event of a beach the earprance of or payment for goods hereunder Or approval oflhe design, shall not release the Seller of any of the moment, or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon soot performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prim or subsequent default haeander, nor shall any railroad aml andifcatiau or rescission of this purchase order by the Purchaser i, rrate as a waiver of any of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognia that in actual economic practice, overcharges resulting from antioust violations are in fact home by the Purchase. Theremfore, for good rouse mart as comideatim for executing Ibis purchase order, the Seller hereby usugu to the purchaser any and all claims it may now have or hereafter acquired under fedml or state antitrust laws for such overcharges relating to me particular goods Or services purchased or acquired by the Purchaser pursuant W this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goad by a date to be Weed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillwgoess to comply, the Purnews may came the work to be perthrmed by she mast expeditions means available to it, and me Seller shall pay all rests assoriated with such work. The Sella shall release the purchaser and its mnhamturs of any tier from all liability and claims of any mature resulting firm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, once s and employees of such party. The Sellers contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused 0 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is regained to ass, My range, device, material or process revered by Inner. fcal, fdemark or copyright, the Seller shall indemnify and save harmless the Purchaser from may and all claims for infringrment by reason of she use of such patented design, device, material or process in connection with she contmet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged 0 pay by reason of such infringement at any time during the prosecution or after the completion Of me work. In come Mid equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan 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 pros, replace the same with substantially equal but noninfringing equipment, Or modify it an it becomes noninfringiag. 15. INSOLVENCY. If the Seller shall become insolvent or boulrml, make an assignment fro the benefit of creditors, appoint a receiver or names, for any of the Sellers property or business, this order Trey forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The defnitiom ofterms used or the interpretation ofthe agreement and the rights ofail parties hertueAer shall be constmed under and Swarmed by the laws ofthe State ofCOlom lo, USA. The fallowing Admooral Conditions apply only is cases where the Seiler is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Sella shall miry on said work at Sellars own risk until die same is fully compined mad azceptrd, and shall, in case of may aavidenl, destruction or injury to the weak srWm hommiiak bef Sellers End compleiom and acceptance, complete the work m Sellers own expose and to Use smisfaction of the purchasm. When material, and tyap. are fiunishW by omen far reunion. or erection by the Seller, me Seller stall receive, unfoad, store and handle same at me site and become emponsible therefor as though such materials endror equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own apes, provide for me payment of workers rompmsafn, including Occupational disease Futures, to its employees employed on or in mrmenion with the work covered by this purchase order, andlor to Ibcir dependenu in azc ndence with the laws of des sate in which din work is to be done. Trc Seller stall also any compmebeuive Bmand liability mcluchu& bra not limited to, mntrsstual and automobile Public liability imunnce with bodily injury am dwm hours of at lent S300.000 for my one person, $500," for my Me accident and properi, damage limit pe azrideat of 5400,000. The Seller shall likewise require his contmetors, if my, to provide for such compression and instance. Bef my ofine Sellars or his conductors employees shall do my work upon the premises Of others, the Sella shall famish me Purchase wire a certificate dam such compensation and insurance have been provided. Such indicates shall specify me dam when such compensation and insurance have been provided. Such mnificates shall specify due dare when such compensation and insurance expires. The Seller agrees that such compensation mad insurance shall be maintained until or, dw entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility said liability for any and all damage, loss or injury ofmy kind or nature whatsoever in pawns or property mused by or resulting funs the execution afthe we& provided for in Ibis purchase Order Or in connection herewith The Seller will indemnify and bold hmmlas the Purchaser and any cr all of the Purchasers rs office, egmis rend employ«, from mad almost may and all claims, losses, dm aage, harges or expenses, whether direct or indirect, and whether to persons or propmy an which the Purchaser may Far put or subject by reason Of any act, nation, neglect, Omission or default an the Pan ofine Seller, any of bus contractors, or any of the Sellers or contractors officers, agents or employees. In come any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or amployees at any time on oriental or by reason of any act, action, neglect, omission or default of the Seiler of my of his contractors or any of its or their ofrcars, agents or employees as aforesaid, the Sella hereby agree In assume the defense thereof and to defend the tame m the Sellers own expense, to pay my and all costs, changes, mmmeys fers and other expenses, any end all judgmenu that may be incurred by or obtained against me Purchaser many of its or their officers, agents or employees in such suits or other proceedings, and in ruse judgment car other fin be placed upon at obtained against the property ofine Purchases. or said parties in or as a result ofsuch suits or Omer proceedings, she Seller will at once terse the same to be dissolved and discharged by giving bond or othmviu. The Sella and his contractors shall take all safety precautiau famish and install WI guud necessary fin 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 and all roles and regulations issued pursumt thereon. Revised 07Q014