HomeMy WebLinkAbout495419 INSIGHT EMPLOYEE BENEFITS COMMUNICATIONS - PURCHASE ORDER - 9117069PURCHASE ORDER PO Number Page
City of !of 2
Fort Collins This, umberrmust appear
' Ion invoices, packing
slips and labels.
Date: 11/29/2011
Vendor: 495419 Ship To: POUDRE FIRE AUTHORITY - AD
INSIGHT EMPLOYEE BENEFITS. COMMUNICATIONS 102 REMINGTON
ATTN: RICK RODGERS. FORT COLLINS Colorado 80524
4643S ULSTER ST, STE 800
DENVER Colorado 80237
Delivery Date: 11/29/2011 Buyer: ED BONNETTE
Note: PER CONTRACT AWARD FOR 7286 PENSION ADMINISTRATOR REVIEW AND
BENCHMARKING STUDY.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Pension Plan Review 1 LOT LS _ 17,500.60
per RFP 7286 award
Total $17,500.00
Cam, C3. o✓�2s�
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City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
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
Invoice Address:
.City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Purchasc Ordcr Terns and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By staple the City arrant Collins is exempt from Coots Ind basal taxes. Our Exemininn Number is
IL NONWAIVER.
9e-0g502. Federal Excise Tax Exemption Certificate of Registry 944430581 is relished villa IM1c Cnll,ma, Of
Fvilurc of the Purchaser to insist upon strict perfomance ofthe Icons and coadhions hncoE failure err delay la
Internal Revenue, Denver, Colorado (Ref. Cdlnrade Revised Statutes 1993. Chapter 39 26. 1Iq (.L
rem
exerciseany rights or edies proor herein by law, failure to pmeoptly notify the Seller in the event of a
breacM1 The acceptance of or payment for goods hnmadn on approval of The design, shall notrelease the Seller of
Goods RejectN, GOODS REJECTED due To failure m meet speciGemians, either when shipped or due To dermas of
any Of the worn ies of obligations ofthis Purchase order and shall are be deemed a waiver crony right of the
damage in transit, may be reported to you fro credit and are not to be replaced except upon receipt of wrince
purchaser to insist upon strict performance hereifor any ofits rights or rmmedies as to any such goods, regardless
insouetinn, rom the City arrest Collins.
of when shipped. received or accepted. as to any prior or subsequent default hermuder, nor shall any pnlmnN
amt ni di0mtion or remission of this purchase order by the Purchaser operate as a waiver of any Of the teas
Inspection. GOODS arc object to the City of Fan Collins inspection an arrival,
hereof.
Final Accepmnm. Receipt of he merchandise, services or equipment in rnpoase to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS .
p
ahorized payment on on the pan of the City of Foes How Collins. ever, it is to Is, that FINAL
Seller am the Purchaser Comprise that in actual economic practice, r er<hmgec resulting farm anima
ACCEPTANCE is depended upon completion ofall o,dicabk required inspection procedures.
variations are in fact home by the Purchaser. Thererefomfm prod muse and as consideration fro executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter
Freight Terms. Shipments pun be F.O.B., City of Fan Collins That Wood St. TOO Collins, CO 80522, unless
acquimf under fNeml on Scale antitrust laps for Curb overcharges relating to the formed., goods On services
otM1ernise specified on this order. If permission is given In prepay freight and charge xparatcly, the angitul freight
porch red or acquired by the Purchaser pn'rv.t p this purchase order a
bill must accompany invoice. Addiflerml ensren far ackie, will net be accepted.
'
Shipment Distance. Where manufacturers have distributing Points in various pans of. the eoovry, shipment is
expected from The nearest disiriWroa in, m destination, am caress freight will be deducted from Invoice when
Shipments are made from greater distance.
Pdmoit. Seller snarl propal at semen sole curt an necessary gamuts, eenifieatn and hccrto mccind by an
apldimble laws, regulations, ordinances and rules of the sine, municipality. territory or firdniul Subdivision alone
the work is fierfoupped. Or required by any mho duly constiptcd public mnfrori y havingjunediction menhe mark
of vendor. Seller father .,mes to hold the Cily of Fon Collin hapless from and against all liability am loss
tuned by Iran by reason of an assenN Or established vinlation of any such laws, regulations, auctioneers. mica
and on iremcnn.
Autltonvdon. All Dies to this conma apse that the ¢presenmtives arc In ran, bona fide elm pmstt fun and
complete authom, to him mid wain.
LIMITATION OF TERMS. This Purchase Order eapmidy limits acceptance in the tears arm conditions stated
herein set fart am any supplementary as additional 1. am c re iliom arm<ud hereto or immar pled herein by
rc( ce. Any additional or different lepers and Conditions prepmcd by adlerare objected to and hereby rcjented.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imrtediately if you cannot make complete shipment I. urive on your
Promised delivery dam as need. Time is of the essence. Delivm and performance most be flinsta within the time
sated oa the purchase oMe, and the dmuments anached become. No acts of The Purchasers including. without
limitation, accepance of Partial late dcliv tin. shall oMmtc as a waive orthls provision. to the event of any delay.
the Purchaser shall have, in addition to other legal am equitable remedies. the option afPkCOg this order clacwncn
end holding the Seller liable fro damages. However, the Seller shall not M liable Ira damages as . mmI, of delays
due to muses not reasonably fonxeable which arc beyond its reasonable control and withwl its fault afnegligeoce,
Such acts of Gal acts ofeivil or military autherics. governmental priorities. Arms, strikes, Rood. epidemics, wars or
riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
Time when the Seller Best received knowledge theorof. In the event of any such delay, the date of delivery shall be
extended for the pried equal To the time actually Imt by rcmon of the delay.
3. WARRANTY.
The Seller wemnts that all gads. ankles, materials and work covered by this time, will confirm with applicable
drawings, specifications, Complex amdlm other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with' accepted shndads fro work of a
similar nature The Seller spores to hold the purchaser hapless from any lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace. repair or make
good, without oust to the purchaser, any defects an faults arising within one (1) your or within such longer pnbd of
lime as may be presented by law or by the terms of any applicable wamnry provided by the Seller n@r the date Of
acceptance ofthe goods banished hounder fina,mnee not to be ummawnably delayed), resulting from itnynfect
or defective work done or materials fumished by the Seller. Acceptance an use of goods by the Purchaser shall nor
construe a waiver ofany claim under this warranty. Exccpt as mhetwiw pmvidcd in this purchase order, the Sellers
liability hereunder shall extend to at dinmg<s pmximatcly caused by the breach of any of the foregoing worsmies
or guarantees, but such liability shall in no event include loss of parfls ar toss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI FALL APPLY.
C. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions In on ddnions form
,be quantities nsapiently «dared in he speeifcalions or drawings, by verbal or wtitten change order. If any such
Change affects the amount due or the lime of performance hereunder, an cqu amble adiunmem ShSll be mode.
fi. TERMINATIONS.
The Purchaser may at any time by written change order, lapinme this apecment as to any or all portions of the
gads then not shipped, subject o any equitable adjustment between the ponies as to any walk or materiels her in
Magness provided that the Purchaser shall tool be liable for any claims for anticipated profits on the uncompleted
,onion of the goods and/or work, for incidental or emsequcntial damages, and that ern such adjustment be made in
favor of the Seller with tm,ecl In any goods whicb arc the Sellers standard stock. NO such prminnlian shall relieve
the Purchaser .,,he Sdkr ofany of inch abligmians as to any goods ddivered herstmdn.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment pun be assured within thirty (30) days from the date the change or lemtination is
omered.
e. COMPLIANCE WITH LAW.
The Seller wommts that all goods sold hereunder shall bare been pmdnccd sold, delivered and fumishcd in strict
ompliance with all applicable laws and regulations to which the gads arc subject. The Seller shall exeeum end
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.grecs to
indemnify am hold the Purchaser bamlem force .11 coax ad damages saf i lid by the Purchaser as . remll of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, mnsfn, or convey this order, or any mania due or to bnomc due hereunder without the
prior women consent oflM1e other parry.
10. TITLE.
The Seller warrants full, clear and umeotected title to the Purchaser for all equipment, materials, and items fumishcd
in pmfumvta of this agreement, free and clear of any and all liens. restrictions, reservations, secudry interest
mcumbtancm am claims ofmlrers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the
Purchaser am the Seller, am IM1e Seller thereafter indicate, its inability' or orminiaUtem Ira comply. the Fairhaven
may muse the work to be, penfmmed by the most expeditious mmm available to it. arm the Senn shall pay all
cools a6Mined wire such wink.
The Senn shall release the Purchaser end it, ropmdors of any tier from all liability arm claims of any nature
resulting from the permuc an<e afaneb work.
This release shall apply exact in the event of fault of negligence of the Pam rdeared arrd shall extend to the
directors. officers am employees i feuch party.
The Sellers cmtracoul obligations, including warrants. shall net be deemed to be reduced, in any way, because
Such wank is psurrorued or camed to be perrmmoi by the Purchaser.
14. PATENTS.
NTeacver the Sella is required to use any design, device, material or process covered by Icon. patent trademark
or copyright, the Seller shall indemnify am save hapless the Purchase from any and all claims fro infringement
by mason of the use of such repented deign, device, material orprocess in conmction with the contnes, and
shall indemnify IM1e Pumbaser for any.1. expend or damage whim it may be obliged to pay by reason of such
infdngmment at any time during the pmseeard. or after the completion of the work. in ease said equipment. or
any pan thereof at the intended use of the goods, is in such suit held to constitute infringement and the sex of
said equipment in Pan is enjoined, the Seller shall, at its awn extreme and at its option, cubes praure fro the
Purrhaser the right to continue using said equipment or pans, replace The Came with subsumially equal but
apninfrie,ing equipment, or modify it m it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall bummer insolvent or benkrupL make an arru,normal far the bmeGl of creditors, a,arm a
receiver or trmtcc for any of the Sellers property or business, this order may forthwith be canceled by the
Purclumn without liability.
16. GOVERNING LAW.
The definitions of taps used or the idmpmtation writhe agreement am the rights ofall panics bummo der shall be
maxonaed under and gevemcd by The laws ofthe State of Colomda, USA.
The following Additional Conditions apply only in where the Seller is m perform un work hereder,
including the Services of Selkrs Representative(,), ern the premium trotters.
IT. SELLERS RESPONSIBILITY.
The SuRsa shall miry ran said week at Selkrs awn risk until the same i, Polly completed and acme, ed, and shall,
in case of any accident, dmnuction or injury to the work and/or tmterals before Scllcen final completion and
acceptance. complete the work at Sellers own expense and to the ,aisfanion of the Purchaser. %i n materials
am equipment arc fumisfud by olmex fro installation or erection by the Seller, the Seller shall receive, unload,
Score and handle same at the site and become responsible Therefor as though such materials and/or equipment
were being famished by the Sc11cr under the Omer.
IS. MSURANCE.
The Sdkr shall. at his own expense. provide for the payment of markers compensation, including occupational
dismse benefits, to its employees employed on or in connection with the work covered by this purchase mder.
andlm To Ihcir dependents in accmmmen, with the laws of IM1e nap in which the work is To be done. The Seller
Shall elan may comprehensive general liability including, bur ram limited m, comeanoal end imomabile public
liability insurance with badily injury and death limits of at last 5300.000 for any one person, S500.000 for any
one ecident Ind pm,, damage limit per accident of $400,000. The Sdkr shall likewise require his
contractors, if ery, to provide for such cormpmentlon and insurance. Before any of the Sellers or his contractors
employee, Shan do lay work .,a TM1e premise, of.hurs, the Seller Shall Popish the Porcine... with a cer ifimtc
that Such compensation and insurance have been provided. Such certificates ,hall specify the date when melt
compensation and insurance have ban pmvidcd. Such scnificates shall specify IM1c dam when such conmensation
and insurance expires, The Seller ogees that Such mmpenaation and insurance shall be maintained until ado he
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES,
TM1e Seller hereby assumes the enure responsibility end liability for any and all damage, Ina, or injury of any kind
or nature whatsrever to ersaws, or ma,m,r eased by or salting from the execmicn oflM1e work pmvidcd for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any
or all of IM1e Purchasers oMe—, at ..it employees from and Serums any end all chins, losses, damages.
charges or expenses, whether direct or indirect. and whether to persons or pp mr,, in which the Purchaser may
be put or samorl by reason of any act, action, neglect, amissim or default on the NO mf the Salley any of his
emmaelars. Or any of the Sollars on wntmgors officers, agents m employees. Inca any .I, on other
proceedings shall be bra dal epairs, he Pumbacer, or its Officers, agents or employees at any time on account or
by r<mon of any ap, action, ne,lcel, emission at default of the Seller of any of his contractors or any of it or
their oRrcm. agents or employees as afmcaaid, the Serer bunchy agrees Ira assume the deans thereof and to
defend the Same at the Shcm, own expense, to pay any and all COSTS, charger, anomeyx fen and other expemes,
any and all judgments IM1e may be Ineoeaed by or obtained against the Pumhaem or any of it or their officers,
agents or employees in arch Suits or other pracedinp. and in case judgmed or other lien be placed upon or
obtained againt the property of the Purchasr, or said parries in or as a remit ofmch Suits or other proceedings.
the Seller will at pre most the same to be dissolved am discharged by giving bond or otherwise. The Seller and
his componers shall take all saf3N Omani famish am install all guards necessary fro the invention of
accidents, comply with all laws am regulations with regard to safcry herlie nE, but without Iimiution, the
Croupational Safe, and Health An Of 1970 ®m III elm and rcgulsti.x issued pursvvn Thermo.
Revised 03,7010