HomeMy WebLinkAbout549603 COLORADO FIREFIGHTER HEART & CIRCULATORY - PURCHASE ORDER - 9150044PO
PURCHASE ORDER 915004er Page
C117/ of PURCHASE
9150044 1 of z
' `t Collins
Ins This number must appear
` v ` on all invoices, packing
sli s and labels.
Date: 01/06/2015
ETTITCTII 10-6Z:YrB1
Ship To:
COLORADO FIREFIGHTER HEART & CIRCULATORY
BENEFITS TRUST
PO BOX 1539
PORTLAND OR 97201
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 2015 Coverage
INV #15CFHT-0307-0307
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
25,075.00
Total $25,075.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
ondi"ons Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt tram slam and local taxes. Our Exemption Number is
11. NON WAIVER.
98414502. Federal Excise Tax Exemption Certificate of Registry M-601X587 is registenal with the Collector of
Failure ofthe Purchaser m faddist Won wind performance of the terms and mMitions hemp( failure or delay to
Inrerml Revenue, Dower, Colorado (Ref. Colorado Revised Slmmea 1973, Chapla 39-26,114 (a).
exercise any rights or movedia pmvWed herein or by law, failure ro parni..try the Sella as me room of a
bench, the mapana of or payment for goad bereuada or approal ofthe design, shall rat relearn me Sella of
Goods Rejected. GOODS REJECTED due to failure to mM specifications, either what shipped or due to defects of
any of tha warranties or obligations of Wes v nchuse Dada and shall net be deemed a waives of my right of me
damage in Irarci, may be moaned in you for credit and ate not to be replaced except upon receipt of wnnm
purchaser to insist upon strict performaae bereof or my of its rights or remedies as to my such goods, regardless
instructions from We City of Few Collins,
of whm shipped, received or accepted, as to any prior or subsequent default hacuvder,.or, shall my pury from
oral modification or rescission of this pwrianse order by the pardoner Operate as a waiver of any of the terms
Impatim. GOODS are subject to the City of Fort Collins inspection on arrival.
haeaf.
Final Acceptance. Receipt of the merehmdise, services or equipment in response to this order can result in
12. ASSIGNM ENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood beat FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedres.
violations are in fact bome by the Purchaser. Theremfore,for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 200 Wwd St., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular good or services
otherwise specified oa this Dada. if peanission is given to p.,, fight and charge separamly, the original freight
purchased or acquired by the Purchaser pemamt to this purchase order.
bill must accompany invoice. Additional charges for picking will not be, accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dimmutirtg paints in vertices pans of the muutry, shipment is
Ifthe Purchaser directs the Sella to summer nonconforming or defective goods by a dte to be agreed upon by the
expected from de nearest distribution point to desurection, and excess fight will be dM¢te l from Invoice when
Purehaes end the Sella, and the Seller thereafter indicates its humility or unwillingness to comply, the Purchaser
shipments we made from greater discover.
may cause the work to be, par ed by the most expeditious means available a it, and the Seller shall pay all
cods meaciated with such work.
Promes. Seller shall p. at sellers sale cost all necessary permits, anifimta arm liansa criminal by all
applicable laws, regulafon, oniimnees awl rules of the shim, municipality, territory or political submersion where
The Seller shall mlease the Purchases am its contractors of my tire from all liability and claims of my nature
the work is perfamet or required by my other duly mratimted public runway having jurisdiction ma the work
resulting f she pert own, ofsuch work.
of model. Sella further agrees in bold the City of Fort Collins harmless from and against all liability am loss
incurred by them by reamnt of an assened or established violation of any such laws, regulations, mummers, rules
This role cse shall apply even in We neat of fault of negligence of the parry abased and shall extend to the
and requiremens.
directors, officers and employees of such party.
Authorivtion. All parties to this contract agree that the renreaenhitives are, in fact, bona fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms; and conditions stated
herein set fonh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and Performance most be offered within the time
sited on the purchase order and the douumms watched hereto. No acts of the Purchaers including, without
limitation, acceptance officinal lam deliveries, shall operate as a waiver of this pruvision In the event ofmy delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
mad holding the Sella liable for damages. However, the Sella shall not be liable fir damages as .result of delay
due m muses.. ...My foreseeable which are beyond its reommbb, rant.] and without ea fair nfe,l,ra
such acts fGod was ofeivil or military authorities, gowemmenul prionties, Goes. a.1m , flood, epidemics, war, or
dots provided that notice of the car&.. commg such retirees glum to the purchaser within five (5) days of the
time when the Sella firm rained knowledge tlrermf In the event of my such delay, the date of delivery shall be
extatded for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warmnu fail all goods, articles, materials and work covered by this order will common with applicable
drawings, specifscimmen, samples and/or other descriptions given, will be fit for me purposes intruded, out
pafmmed with the highest degree of care and competence in accordance with accented standard for work of a
similar nature The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost o the purchaser, my defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the tomes crony applicable warranty provided by the Sella after the date of
seaplane of the goods famished bereunder (acceptance not be unreasonably delayed), resulting from turnabout
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
onstimte a waiver of any claim under this warranty. Except to mheawise provided m this purchase order, the Sellers
liability hereuMa shall extend to all damages proximately caused by me breach of my of the foregoing wamamia
or g.ares, but smash liability shall en an even include loss of profs 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 to legal tams by wrinrn change Who.
5. CHANGES IN COMMERCIAL TERMS.
The Parchaser may make my changes to the reran, aNer dun legal terns, including additions to or deletiore from
the qumtitia originally omen d an me specifications or drawings, by verbal or written change order. If my such
mange alfa la the amount due or the time of performance hereunder. an equitable who., shall be, made.
6. TERMINATIONS.
The Purehaes may at any time by written change order, ruminate this agreement a to my or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in
progress provided that the Purchaser shall not be liable for any claims fir umicipated profits on the uncompleted
portion of the good and/or work, for maderaml or consequential damages, and that no such adjustment be made in
favor of the Seller with resnat to any good which me the Sellers standard stock. No such termination shall relieve
the Pureleco r or the Seller of any of their obligations m to any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjusmrnt must be asserted within thirty (30) days from the date the change m mrmimtion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold harms der shall have been produced. sold, delivered and fumishad in strict
omphame with all applicable laws and regulations to which the good woe subject The Seller shall execute aM
deliver such dommmts as maybe requited to eRect or eeidmce compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incmpam al herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from of cosh and damages sui oral by the Purchaser as a result of the
Sri]. failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, transfer, in convey Ns major, or any monies due or to become due heremder without the
Prior nrihen consent ofine other pang.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipments materials, and items famished
in performance of this agreement, free and clear of any and all lies, msnections, reservations, security interest
encumbrances and claims of others.
The Seller's command obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchases.
14. PATENTS.
Whenever the Seller is squired to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Pori from any and all datms for i ffiraW menr
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the gaols, is in such suit held to consOmte infringement and the am of
said equipment or part is enjoined, the Seller shall, at its own expense and in its option, either procure for the
Purchaser the right to continue uswg said equipment or Foss, replan the same with substantially equal but
nounflinging acripmmt, or modify it so it becomes interchanging.
15ANSOLVENCY.
If me Sella shall become insoIvant or bankrupt, make an assignment for the benefit of creditors, appoim a
maxim, an connote for my of me Sellers property or business, this on3er may faMwith be canceled by the
Purchaer without liability.
to. GOVERNING LAW.
The definitions ofterms used car the wter,amon of the agreement and the rights of all parties hereuvda shall be
construed under and gOvemed by me laws ofthe Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers RVecanative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's Own risk until the some is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work it Sellers own expense oM to the mtisfaction of the Purchases. When matmals
and equipment art famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become reap maible therefor res though such materials and/or equipment
were being furnished by the Seller coda the order.
IS. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers comperefora, necludwg acupamnal
disease benefits, to its employees employed on or in connection with the work covered by this purchu a order,
mWm Ill their dependents in accordance with We laws of the state in which the work is m be done. The Sella
shall also carry comprtbmsive Ream liability includin& but not limited to, mmmcrem and automobile public
liability insurance with bodily injury and death limits of at least $301000 for my one person, 5500,000 for my
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
continuum, if my, to proeide for such compensation and imarance. Before my of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Sena shall famish the Purchaser with a artifcate
that such compensation and insurance have been provided. Such arifiestes shall specify me dam when such
compensation and assurance have been provided. Such certificates shall specify me dam when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be nocconed until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, lass or injury ofany kind
or nature whatsoever to persons or pmperry caused by or resulting from the execution ofthe work Provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purebasa and my
r all of the Purchasers officers, agents and employees f and against my and all claims, losses, damages,
charges or expenses, whether direct or indraL and whether to persons at property to which the Purchaser may
be put or subject by reason of my set action, neglal, omission or default on the pm of the Sella, any of his
mntrec,am or any of the Sellers or tworwhari officers, agents or employees. 1. case my it or ofa
proceedings shall he brought against the Purchases, or its officers, agents or employees at any time on account or
by reason of my an. action, neglect, omission or default of the Sella of my of his connaclons or my of its or
their alGcers, agents or employees as aforesaid me Seller hereby agrees to assume the defense thereof and to
defend the same err me Sellers own expense, an pay my and all costs, charges, ammeys fees aid other expenses.
my and all judgments fact may be ma rrN by or obtained against the Purchaser on my of its or the'r officers,
agents or employers in such suits or other proceedings, and in case judgment or other lion be placed upon or
obtained against the primary ofine Purchaser, or said Parties in or as a resull of such scats or other praeedwgs,
the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all Swells causeway for the prevention of
accidents, comply suit all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant Revere.
Revised Mao 14