HomeMy WebLinkAbout519435 PERSONNEL DECISIONS INTERNATIONAL CORP - PURCHASE ORDER - 9132501PO
PURCHASE ORDER 9132501 Page
City, of32501 lofz
' `tCollinsr his number must packing
V " 1�7 on all invoices, packing
sli s and labels.
Date: 03/26/2014
Vendor: 519435 Ship To: HUMAN RESOURCES
PERSONNEL DECISIONS INTERNATIONAL CORP CITY OF FORT COLLINS
33 S SIXTH ST SUITE 4900 215 N MASON, 2ND FLOOR
MINNEAPOLIS MN 55402 FORT COLLINS CO 805244408
Delivery Date: 05/15/2013 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Addendum to PO 9132501
Additional Funds
1 LOT EA
for PROFILER Multirater 360 Degree Feedback Instrument for First -Level
per Invoice# 1101411649 dated 02/25/14, plus future
(Oct-2014)Post-360 Degree Assessments.
Additional funds authorized per Requisition# 47034.
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
15,250.00
25 untits @ $270.00 each
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
I. COMMERCIALDETAILS.
Tax exemptions. By mimic rise City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
Failure of the Purchaser m insist upon strict performance of the terms end conditions hereof failure or delay to
Internal Revenue, Denver, Colorado Had, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly nntiy dae Seller in the event of a
breach, the acceptance for pymeal far gaols heremder or approval ifdm it.,,, shall not release the Seller of
Goods Repined. GOODS REJECTED due so failure b men specifications, elther when shipped or due to dr ols of
any of the wasrersties or obligations of this purchase order and shall not be domed a waiver of any right of the
damage in nansit, may bar retuned to you for credit anal are not to be replaced except upon receipt of waive rat
purchaser to insist upon strict performance harmfor any of its rights or remedies as to any such goods, regardless
instructions ftom the City of Fiat Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this pubehose order by the Purchaer operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collims inspgtiorr on arrival.
here.!.
Final Acceptance. Receipt of the merchandise, services ar equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fun Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is depea t,al upon completion of.R applicable romiced inspection procedares.
violations arc in fact babe by the Purchaser. Theremf.re for good cause and as consideration for executing Nis
purchase order, the Seller hereby assigns to the Purehaztt any and all claims it may row have or hereafter
Freight Terms. Shipments must be F.O.H. City of Tom Collins, 700 Woad SL, Fort Collins. CO 80522. unless
acquired under federal or state antitrust laws for such overchvges relating to the particular goods or services
.Nermse, specified on this order. If pmnission is given to prepay freight and charge separately, Ne original freight
purchased or sax, irel by the Purchaser pursuant m Nis 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 varicars pants of the country, shipment is
If me Purchaser direct the Seller to correct nonconforming or defmfiw goods by a data to be agreed upon by the
expected from the nearest combat. to. to &,amsaim, and excess freight will M deducted from Insurer, when
Purchaser and the Sella, and the Seller termfter indicates its an iliy of unwillingness to comply, the purchaser
shipments art made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
ormts.... tuned with such work.
Permits. Seller shall procure at sellers sole cost all nmas., pennies, certificates and licenses required by .II
applicable laws, regulations, ordinances and roles of the sans, municipality, territory or polaroid subdivision where
die work is performed, car required by any other duly mretimted public authority having jurisdiction over the work
of vendor. Seller harbor agrees to hold the City of Tom Collins harmless fmm and against all liability and loss
incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authonestion. All wrim, m this obstruct agree But the representatives are, in for, bona fide and possess full and
complete authority in bind said parries.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the teas and conditions stated
herein set forth and any supplementary or additional terms and conditions aanexed harem or incorporated herein by
reference. Any additional or difttrent terms nail comb me s pmpased by seller are objected to and hereby repeated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date o noted. Time is.f the essence Delivery and performance most be effected within the time
stated on tee purchase order and the documents attached herein. No acts of die Purchasers including, w'iNoat
limitation, accaptmce of partial late deliveries. shall operate as a waiver of this provision. In the evens L., delay,
the Purchaser shall have, in addition to other legal and equitable remWies, the option of placing this order elsewhere
and holding the Seller liable for damages. I however, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its recounted, central and without its fault of negligence,
suchask of God, mts of civil or military aathondes, go.m.]priorities,fires, strikes, flood, epidernes, wars or
riots provided that notice of the renditions causing such delay u given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actual ly lost by croon of the delay.
3. WARRANTY.
The Seller warrants that a goods, articles, b starials and work covered by this oiler will conform with applicable
drawings, sperifications, samples and/or other descriptions given, will be ❑t for the purposes intended, and
perforated with the highest degree of care and competence in accordance with accepted standards for work of a
trod. mture. The Seller agrees m hold the purchaser harmless from any la, damage or experse which The
Purchacer may suffer or incur on mount oldie Sellers branch ofwmrany. The Sella shill place, re tir or make
good, without cost to the purchaser, my defects or faults arising whin one (I) year or within such longer period of
time as may be prescribW by law or by the moms of any applicable warranty provided by the Seller after the &in of
acceptance of the goods marched hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumishad by the Seller. Acceptance or use of good by the Purchaser shall not
consulate a waiver ofmy claim under tis warrant'. Except as otervnse provided in Nis purchase order, the Sellers
liability hereunder shall enmd to all damage proximately caused by the brooch of any of the foregoing wamantin
or guarantees, but such liability shall in no event include loss of profits or loss of vas. 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 wrimen surge oiler
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mink, miner than legal It., including additions to or deletions fmm
the gnamimies originally ordetrd in to sP,riflexiona err drawings, by verbal or wroon change ceder. If any such
change affects the amount due m the time.fperformmce hercander, an equitable adjustment shall be ride.
6. TERMINATIONS.
The Purchaser may at any time by wrinm change We, Remains. dais agreement as to any or all portions of the
goods then non shipped, subject to my equitable edjustmml between Ne pdies as to tiny work at materials then in
progress provided that the Purchaser shall not be, liable for any claims far anticipated pmfk an the unrempined
portion of the goods and/or work, for incidental or consquianal damages, and Nat no such adjustment be made in
favor elfin Seller with respect to ony goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofmy offleir obligations as to any goad delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most 4 asserted within tatty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shill have been produced sold, delivered and famishW in s rict
compliance wif all applicable laws and angulations to which the good are subject. The Seller shall execute and
deliver such documents as nay be required to effect or evidence compliance. All laws and translations required to be
incorporated in agreements of this clu m or are hereby incorporated herein by Ws reference. The Seller agrees to
indemnify and hold Ne ptuchaser harmless form all costs aed damages suffered by the Purchaser o a result of the
Sellers failure as comply wit such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey Nis order, or any marries due or in became due herein kc without the
prior wrinm consent of the other party.
10. TITLE.
The Seller warrants had, clear and unmentioned title to to Purchaser for all equipment, materials, and items famished
in performance of this agreement, free aM clear of my aed all liens. rntrictions, reservations, accuracy interest
encumbrances vd claims of mlars.
The Seller shall release the Purchaser and its re morale rs of any tier from .11 liability ad claims of any moue,
resulting man, den performance of such work.
This release shall apply even in the event of fault of negligence of the party relearned and shall extend m the
directors, officers, and employees ofsuch parry.
The sellers revtrmnual obligations, including warranty, shall not be deemed to be, reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wherever the Seller is required to use my design, device, material or process covered by lever, patrnt, raderstuk
or copyright. rate Seller and indemnify and save harms.. the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection wiN to mntmn, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the compleion of dae work. In case said equipments or
any part themf or the amended use of the goads, is in such suit held to comtimm infringement am the use of
said equipment or pan is announced, the Seller shall, at its own capons, and at ins option, either promre for the
Pureh. the right to continue in, said cq.i,. or pans, replay the same with substantially equal but
noninfringing equipment, or modify it so it becomes nonnGnging.
15. INSOLVENCY.
If the Scller shall become insolvent or bankrupt, make an assigmneon for the benefit of cmdours, epprior e
receiver .r mkme for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofit. used or tee interpretation of tee agreement and the rights of.[[ parties hemtnder shill be
command under and governed by the laws ofthe Suite of Colomdo, USA.
The following Additionad Conditions apply only in cases where the Sella is to perform work harmader.
including the services of Sellers Repowertative(s), on elm premises canters.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said w'ork.1 Seller's awn risk wIt[ the same is fully completed and accepted, and shall,
in oar of any accident. destruction or injury to the work call materials before Stiles final completion and
acceptance, complete the work at Sellers awn a.,. and t. tee satisfaction of to Purchaser. When andeausid,
and equipment aft punished! by others for installation or erection by tee Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as tough such materials and/m equipmen[
were being furbished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wmkvs compensation, including occuptional
disease benefits, to its employees employed on or m camnecrion with the work covered by this purchase oiler,
andlor to their dependents in acrenL nce with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited W. mnrmmxl and automobile public
liability insurance with bodily injury and death limits of m ]cast S300.0o0 for any one pain, 5500,000 for my
.no accident and property damage limit per accident of S400,", The Seller shall likewise require his
co muclars, if my, to provide for such compensation and insurance. Before any of the Sellers or his om acmrs
employces shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cenlf can
daar such compensation and insurance have been provided. Such cedficmas shall specify the date when such
compensation Ural insurance have been provided. Such cenificatcs shall specify the date when such compensation
and insurance expires. The Seller agrees fiat such compensation and insvmnce shall he maintained until a0er to
more work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the notice rnporrobiliy and liability for any and all damage, loss or injury ofmy kind
or nature whakoever no perom or property roused by or resulting fmm the execution of the work provided for in
tis purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any
r all of The Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expense, whether direct or indirect, and whether m persons an propmy, to which tee Purchaser may
be pat or subject by reason of my m, suctions, millers, omission in default on the pan of d o Seller, any affect
amradors, or my of the Sellers or contractors officars, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employces at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
then officers, agents or employees as aforesaid the Seller hereby agrees to assume to cinkoe thereof and to
defend the same at tee Sellers own expense, to Pay any and all soak• charge, inu mess fees and orhn expenses,
any and old judgments that bay be incurred by or obtained against to Purchaser or my of its or their affront,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the propeny efte Purchaser, or said parties in or as a result of such suits or odaer proceedings,
to Seller will an ooe cause d o same to he dissblvcd and discharged by giving bond or odtetwise. The Seller and
his contractors shall take all safety pnxamioo, famish and instill all guard necessary for the pmemion of
accidents, comply with it 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 Footman thereto.
Revise] 032010