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HomeMy WebLinkAbout102925 MOUNTAIN STATES EMPLOYERS COUNCIL - PURCHASE ORDER - 9150043Fort Collins Date: 01/06/2015 PURCHASE ORDER Vendor: 102925 MOUNTAIN STATES EMPLOYERS COUNCIL PO BOX 539 DENVER CO 80201-0539 PO Number Page 9150043 left This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 01/06/2015 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Dues 2015 Inv. 297028 dated 12/10/14 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 41141111I9 IIGiI 16 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 nd Conditions Page 2 of 2 1. COMMERC1ALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state sold local macs. Our Exemption Number u 1 L NONWAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with Ne Collector of Failurt order Purchaser to hear upon strict performance of the terms and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref Coloado Revised Scannes 1973. Chapter 39-26, 114 (a). exercise very rights or remedies provided haehi or by law, failure m promptly ratify the Sella in the event of a bench, the acespmntt ofor payment for goads hereunder m approval ofNe design, shall not rtleau the Sella of Good Rejected. GOODS REJECTED due m failure to meet specifications, enter when shipped or due an defects of my of the warranties or obligmime, of this purchase order and shall not be dinned a waiver of any right of the damage in ndnsit, may be reamed to you for credit and are Out W be replaced except upon reeeipl of._ Purchaser to insist upon strict performance hamferr any refits rights or remedies es 10 may such goods, regardless instructions f the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, our shall any imported oral modification or rescission of this purchase order by the Footwear attain, as a waiver of my of to terms Inspection. GOODS are subject an the City of Fort Collins inspection on consul. hereof. Final Acce,anca Receipt of the merchandise services or equipment in an,s me to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from moved ACCEPTANCE is dependentupon completion of all applicable required inspection procedures. violations are in fact Some by the Purchaser. Theretofore, for good cause and as consideration for executing Ws purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be TOD,, City of Fort Collins, 700 Wood St, Too Collins, CO 80522, unless acquired under federal or sore antitrust laws for such overcharges relating to the particular goods or services alto wke s,crifial On this oiler.Upen-Voon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit must accompany invoice. Additional charges for packing will not he waited. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufazturers have distributing points in various pans of the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the exported from the nmres, diandamom to, to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereaner indicates its inability or unwillingness to comply, the Purchaser shipments art made from gram distance. may cause the work to he preformed by to most expeditious memos available to it, and the Seller shall pay all costs associstal with such work. Permits. Seller shall pracurt at sellers sole cost all necessary permits, ca fientes and licemw required by all applicable tans, regulations, ordinances and Its of the sate municipality, territory or political subdivision where The Sella shall adease the Purchaser and its conhactors of any tier from all liability and claims of any nature the work u performed, or required by any other duly constitted public authority having jurisdiction over the work resulting fmm the perfom ace of such work. of leader. Sella fuller agrees m hold Om City of Fon Collins bamllkess from oral agaial all liability and loss incurred by them by mason of an asserted or exublishud violation of any such be. regulations, ordinances, It, This relerew shall apply even in to event of fault of negligence of the party released and shall extent m the tad requirements. directors, officers and employers of such parry. Aumoriaation. An panics to this contract agree Wert the represemmtives me, in fact, from fide and possess full and The Sellefs contractual obligations, including wareaary, shall not be domed to he induced, in any say, because complete authority, m bind said panics. such work is performed or.used to be performed by the Purchase. LIMITATION OF TERMS. This Punfew Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and contthom annexed heinm or wow anted herein by reference. Any additional or different terms and conditions proposed by seller are objected to end hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is cribs essence. Delivery and performance must be effected within the time stated on he purchase order and the documents utmched beaus. No acts of the Purchasers including, without limitation, acceptance armorial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition ro other legal 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 as a result of delays due an causes not reasonably fomaable which are beyond Is reasonable control and without its fault of negligence, such sca ofGnd, acts ofcivil or military authorities, govermnenml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when to Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time aztuslly last by maven of the delay. 3. WARRANTY. The Sella wamma pat all good, aniclet, materials and work covered by this order will confusion wit applicable drawings, specifwtiom, samples andlor other descriptions given, will be fit for the potatoes intended, and performed with thc highest degree of core and competence in azoordmce with azcepned merchants fro worn: of a imilm nature. The Sella agrees to hold to purchaser harmless f my loss, damage or expense which the pareleaser may suffer or humors azcounn ofNe Sellers breach of n'mraary. The Sella shall replace, repair or make good, without cost o the purchase, my defects or f Its arising within one (1) year or within such longer period of time as may he prescribed by law or by the terns of my applicable warrmry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or defective work done or materials f fished by the Sella. Acceptance or use of good by the Purchase shall not constitute a waiver of my claim under this wartmrty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing visionaries or guarantees, but such liability shall in ne, event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchssermay make any changes m to terms. other tan legal terms, including snm dditio, or deletions from the quantitiesorigiwlly ordered in the specifications or drawings, by verbal or women change order. If my such change effects the amount due or the time ofperformame hereunder, an equitable adjuummt shall be made 6. TERMINATIONS. The Perrbmer may at my time by weinm charge under, terminate this apartment a to any or all portions of the good then trot shipped subject to any equitable adjustment between the panics ss to my work in materials ten in progress provided that the Purchaser shall not be liable for any calms fro anticipated prefix on the mcomplenM portion of the good andsor work, for incidental or consequential damages. and flat an such adjusnnent be made m four of the Sella with misprint W my goods which ere the Sellers mainland stak. No such termination shall reline the Purchaser or the Sella of any ofteb obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for ad oxamor must In, asserted within thirty (30) days form the dame the mange or lermirlafien is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Real all goods sold hereunder shall have been produced, sold, delivered and famished in shirt compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cores and damages sulieeed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall asiM transfer, or convey, this order, or any morn due or m become due heeeunda whom, the prior written common afte other parry. 10. TITLE. The Seller warrants full, clean and unrestricted bile an the Purchaser for all Optioning, materials, and items Famished in performance of this agreement free and clear of my trod all Extra, restrictiom, reaervaliom, security interest mcumbmnces and claims of o0mrs. 14. PATENTS. Whenever the Seller is required to our any design, dee ce, material or process covered by heir, patent, trademark or copyright, the Seller shall indemnify and save bamless the Purchaser 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 Purchreer for any cost, expense or damage which it may be obliged to pay by ,awn of such infringement at any time during the pmsemtion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is m such suit held to constitute infringement and the use of said equipment or pan is enjoinll, 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 the same with substantially equal but nonfi fringing equipment, or math fy it so it becomes comminuting. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the bereft of en ditim, appoint a receiver or bLL9ee for any of the Sellers property or business, this order may forthwith he canceled by the Purchase without liability. 16. GOVERNING LAW. The defultions ofee. used or the interpretation ofNe agreement and 0w rights ofall parties heremda shall be construed under and pescmed by the Laws oft, Sate of Colorado, USA. The following Additional Condition apply only in cases when rho Sella is to perform work hereunder, including the service of Sellers Represmtion e(s), ore the premises rather. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn tick aril the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellels own expense and to the satisfaction of the Purchaser. When materials and equipment are formatted by often for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andlor equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease beneOs, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is as, he done. The Sella shall also carry comprehensive general liability including, but mt limited to, contractual and automobile public liabilhry insmence with bodily injury and death limits of at least 5300,00o for my one person, $500,000 far my arm accident and Oropary, damage limit per accident of 5400,000. The Sella hall likewise require his canteaztms, if my, to provide for such compensation and insurance. Before my of fire Sellers or his contactors employees shall do my work upon the premises of orals, rhe Sensor shall famish the Purchaser who a certificate pat such compensation and ireuranre hose been provided Such ceniftwm, All specify the date when such compensation anal inturame have been provided. Such certificates shall specify the date when such compensation and insmence expires. The Seller agree pat to comperegamon. and imutunce shall be mainaimd unfit a0a to entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entim responsibility anal liability for any and all damage, Ines or injury of my kind or name, whomever to prrsons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmleas the Purchaser and nay r all of the Purchrom oficers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pa ors or property to which the Purchaser may be put or subject by reaeen of any col, action, neglect, omission or default on the pan of the Sella, nay of his contractors, or any of the Sellers or ontractors oRcers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforevid, the Seller hereby agrees to assume tc defuse thereof and to defend the same at the Sellers own are., to pay any and all costs, charges, aIt..,, feel and other asperses, any and all judgments tat may be 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 cam judgment or other lien be placed upon or Obtained o,imt the property of tad Purchaser, or said parties in or as a result crash suits or other pmeadir s, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety promerimi, funish and install all guards necessvy for the prevmtiw of accidents, ..,t, with all laws and regulations with regard W safety including, but without limitation, the Ompationol Safety cad Health Act of POD and all roles cad regulations issued pursuant thcrem. Revised 07f2014