Loading...
HomeMy WebLinkAbout144217 CANNON COCHRAN MANAGEMENT SERVICES INC - PURCHASE ORDER - 9150665Fort Collins Date: 01/29/2015 PURCHASE ORDER PO Number Page 9150665 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 144217 Ship To: RISK MANAGEMENT DIVISION CANNON COCHRAN MANAGEMENT SERVICES INC CITY OF FORT COLLINS PO BOX 1783 215 N MASON, 2ND FLOOR INDIANAPOLIS IN 46206-1783 FORT COLLINS CO 80524-4408 Delivery Date: 01/29/2015 Buyer: PAUL, GERRY 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. Line Description Quantity UOM Unit Price Extended Ordered Price I Third Party Administrator 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 120,000.00 Total $120,000.00 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. CO,MMERCIN, DETAILS. Tax exemptions. By statute the City of Fad Collins N exempt from state and local tax¢ Our Exemption Number is 1 L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict permar aavice of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedim provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval oft he design, shall not It. the Seller of Goods Rejected, GOODS REJECTED due to failure to meet spai Ovations, either when shipped or due to defcts of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the damage in bmLsil, may be resumed to you for credit and are not to be replaced except upon receipt of whom purchaser to insist upon stria performance haeofrr any of its rights or remedies as to any such goods, regardless instructions farm ere City import Collins. of when shipped, received or overpack, as to any prior or subsequent default hereunder, nor shall any purported am] malification or rescission of this purchase river by the Purchaser operate m a waiver of any of the terns Inspection. GOODS are suloat to the City of Fort Collins inspection on arrival. hereaf. Final Acceptance. Receipt of the merchandise, services or equipment in respome to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthorbed payment on the par of the City of Fart Collins. However, it is to be undersmed that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion mall applicable required inspection procedures. violations are in fact home by the Purchaser. Theraofore, for good came 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 most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or stem antituat laws for such overcharges relating 10 the particular goods or services otlamise, specified on this order. ll permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is I fthe Purchaser forms the Seller to correct noncoMmdng or defective goods by a date to be agreed upon by the expected (ram the nemmh distribution point to destination, and esuss freight will be deducted from Invoire when Purchaser and the Seller, and the Seller herafter indicates its inability or unwillingness to comply, the Purchaser Shipments are made from greens, distance. may couse the work to be performed by the mast expediters mars available to it and she Seller shall pay all cents associated with swell S onk. Permits. Seller shall p.m m sellers sale cosh all necessary permits, certificates and lit. raluired by all applicable laws, regulation, ordiwm'a and roles of the sum, municipality, territory, or Political subdivision where The Seller sMll release the Purchaser and its contractors of any tier from all liability and claims of any wture the walk is performed, or required by any mher duly constituted public authority having jurisdiction ova the work resulting from are performance ofsuch work. of vendor. Seller further agrees to hold the City of Fort Collier harmless from and against all liability and lose inctimed by them by reason of an asserted or established violation of any such laws, regulations. o arrinces, roles This mlasse shall apply ,at in the event of fault of negligence of the Nay released and shall extend to the and requirements direction, officers and employees of such party. Authoritarian. All parties to this contract agree that the representatives are, in fact, from fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. such work is pelf ed or caused to he performed by ere Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to are tams and coodiliom sated herein set forth and any supplementary or additional team and condition amexed hereto or imoryonted herein by reference. Any additional ar dikes ut hems and andamew prepasN by caller are objected x and hereby rejead. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT forma oly ify.0 cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and permar ance must be effected within am time ,rated on be paabioc onla and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition 1. other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to comes not reasonably foreeecable which are beyond its reasonable co mol and without its fault of negligence, such acts of God, acts of civil or military authorities, governmeaml Portraits, fires. strikes. Bond, epidemics, wars or rats provided that entire of the conditions eausing sash delay is given or the Purchaser within five (5) days of the time when the Sella Era received knowledge thereof In f event of my such delay, rite dare of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, amides, materials and work covered by this order will conform with applicable dmwings, spedflcatiom, samples Surfer other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellcrs breach of wamody. The Seller shall replace, repot m make good, without cost in the purchaser, my defects or faults arising within one (1) year or within such longer period of time as maybe presceibed by law or by are team of my applicable warranty parvided by the Sella after the date of acceptance ofthe good famished hereunder (mcemmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by are Purchaser shall or constitute a waiver of any claim under this warranty. Except m oaerov se paovided in this purchase order, the Sellers liability hereunder shall extend to all damages preximady caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of me. 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 wmten change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhasa may make my changes a the mats, other than legal mass. including additions to or deledom from the quantities originally normal in ere specificatiom or dmwings, by renal m written change odor If my such change a@ets the amount due or the time of prawermnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to any equitable vdjustmen between the panics as to any work or materials den in progress provided that the Purchaser Shull net be liable fur any claims for anticipated profits oa the uncompleted portion of the goods andNr work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goad which one the Sellers standard stack. No Such monument shall rehear ere Purchaser or the Sella of any of their obligations as to any goods delivered hcremder. I. CLAIMS FOR ADJUSTMENT. Any claim for ndlmtmene most be asserted within dim (30) days from the dam the change or wasroom is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that ell good Sold hereunder shall have ban produced, sold, delivered and famished in smnct compliance with all mpl table laws and regulatiam to which the goads 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 am, reference. The Seller agrees m indemnify and hold the Purchaser hamless fen all costs and damages suffered by the Bochum m a result of ere Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign tram(Ca or movey this Orden, or my monies due or to become due hereunder without the prior writers consent office other pray. 10. TITLE. The Seller warrants full, clear and ummMeted title to the Purchaser for all equipment, mmenals, and items famished in performance of this agreement, free and clear of any and all Item, react ions, awamions, security moment encumbrances and claims ofmhers. 14. PATENTS. Whatever she Seller is inspired as me any design, device, amend or excess covered by learn, patter, mdemark or copyright are Seller shall indemnify and save harmless the Purebmer from my and all claims for infringement by reason of the me of such premed design, device, normal or promss in connection with the contact 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 goods, is in such stir held m constitute infringement and the use of said equipment or part is enjoined, the Seller shall, al its own expense and err its option, either procure for the Purchaser the eight to continue using said equipment or Nas, replace the same with substantially equal but noninfrinoing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become moolvent or w akmpt make an assigame d for the benefit of creditors, appoint a receiver or mane for my of the property Sellers or business, this order may fonwitr hbe canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be amend under and gaccond by the laws of the State of C.Imad., USA. The following Additonal Conditions apply may in cases where the Seller is to perform work hereunder, including the saxwes ofSelieas Rryreaenutive(s), on the paemism f.oars. I). SELLERS RESPONSIBILITY. The Seller shall airy on said work in Sellds own risk unfit the same is fully completed and accepted, and shall, in ase of any accident distinction or injury to am work mWor numerals before Sellers final completion and acceptance, complete are work at Sellds own expense and to the satisfaction of ere Purchaser, When mareris6 and equipment are f¢hed by others for installation or action by ere Seller, the Sella shall receive, unload, store and handle some at the site and become responsible therefor as though such materials vinegar equipment were being furnished by ere Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide fen the payment ofwarkcrs compensation, including ocapatioml disease bacfts, to its employees employed on or in connection with ere work covered by this purchase order, mark., to their dependents in xwrdance with am laws of am more in which the work is to be done. The Seller stall also carry, comprehensive general liability including, but nos limited to, commercial and automobile Public liability insurance with bodily injury and dace limits of Sr least S30g000 for my one person, 5500,000 for my one incident and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his c.nemcaan employees shall do any work upon the premises of afters, the Seller shall famish are Purchaser with a cenificare that such compensation and insurance have been provided. Such ceni scam, 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 maintained until after the maim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the alien but,wilohly and liability for my and all damage, los or injury ofany kind or wave, whatsoever to persons or property caused by or resulting from the cxemtion oftbe work provided for m *is purchase order or as c watim berewith. The Seller will indemnify and hold hamalec, the Purchaser and any r all of the Purchasers officers, agents cord employ-, from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property m which the Purchaser may be put or subject by ratan of any act, action, neglect omission or default oa the pm of are Seller, any of his ontrwai or any of the Sellers or contractors officers, agents or employees. In came my suit or other proceedings shall te brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any rat, actions, neglect omission car default of are Seller of any of his contractors or my of its or their officers, agents or employees is aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the some m the Sellers own expense, to pay any and all casts, changes, nn.xeys fees and other cxpemes, my and all judgmmts that may be, incurred by or obtained against the Purchaser or any of its or their officers, Some, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, m said pmies in a as a.11 of such suits or other proceeding, ere Sella will ad are muse the same to be dissolved and discharged by giving bond or othewise. The Seller and his contractors shall take all safety precautions, f rmish and immll all guards namsary for the prevention of accidence, comply with all laws and agulatiom with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1900 and all mles and regulations issued pursuant herto. Revised 07=4