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HomeMy WebLinkAbout474315 REVENUE RECOVERY GROUP INC - PURCHASE ORDER - 9130035PO PURCHASE ORDER 913003er Page City of PURCHASE 9130035 1012 ' `t Collins lins This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 04/04/2014 Vendor: 474315 REVENUE RECOVERY GROUP INC 11924 COURSEY BLVD, STE C PO BOX 77738 BATON ROUGE LA 70879 Ship To: SALES TAX CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80521 Delivery Date: 01/02/2013 Buver: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Adjust PO 1 LOT EA Hi John, Would you please reduce PO 9130035 by $30,000 so the total open is $15,000? 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:purchasingQfcgov.mm -30,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCDM.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Crrtificate of Registry 84�6000587 is registered with the Collector, of Failure of the Purchaser to insist upon strict performance of the terns aad conditions hereof, failure or delay to Into=[ Revenue, Denver, Colorado (Ref. Cofrdo Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided brain or by law, failure m promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or arpmval ofhe design, dull not release the Seller of Goods Rejected. GOODS REIECTED due to failure m meet specifications, either when shipped pr due ro defects of any of the mannamirs or obligatiom of this purchase order and shall not he domed a waiver of any right of the damage in transit, may be removed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless occurrence, from the City upped Collins. of when shipped, received or acrepard, as to any pd., pr subsequent default hereurader, nor shall any purposed oral modification or mcission of this purchase order by the Purchaser operate as a waiver of any of the terms hatuderim. GOODS aid sobject In the City of Fon Collins inspection on arrival hereof. Final Acceptance. Receipt of to merchandise, merica or equipment in response to this order can crack in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of To" Collins. However, it is to be understood that FINAL Seller and the Purchaser taogniu that in actual anroe practice, o acharges resulting from aatitrust ACCEPTANCE is dependent upon completion ofall applicable required impection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing Ws purchase order, the Sena hereby assigns to the Franchiser any and all claims it may now have or hereafter Freight Tetras. Shipments mat be F.O.B., City of ran Collins, 700 Wood Sr, Fort Collins, CO 80522. unless acquired under formal or sate moment laws for such overchages relating to the panicular goods or services otheradse sparred on this order. If Permission is given to money freight and charge separately, the original freight purchased or acquired by the Trachea a pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will Mi Ise accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. More manufacturer have distributing points in variom parts of the country, shipment is Ifthe Purchaser directs the Sella to correct nonconforming or defective good by a date to be agreed upon by the expected from the neara distribution point to destitution, and excess freight will be deducted from Thorne when Purchaser ad the Selleq and the Sella there der indicates its mobility a unwillingness to comply, the Pumhma shipments are made Pram greater distance. may came the work on be Performed by the taro estaffers means available m it, and the Sella shall Pay all cats associated with such work. Permits. Seller shall procme at sellers sole cost all necessary petmis, cmificates and licereses requiM by all applicable laws, regulations, ordwnces and rules of the state, municipality, territory or political subdivision whom the weak is performed, or required by any order duly constituted public authority, havingymindimion over the work of combat. Sella fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an rejected or established violation of any such laws, regulations, oNiwnces, rules all requirements. Autherimlim. All Tarries to this Cpmmcl ague flat the represenutiva are, in fact, haw fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sal fords and any supplementary or additional arms end conditions annemd! hidden, or incorporated herein by reference. Any additmal or diR nuerms and conditions proposed by seller her objected to and hro,"pcted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery, date is noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and hie documents attached home. No acts of the Purchasers including, without limitation, severance of partial late deliveries, shall operate as a waiver of this prevision In the cant army delay, the Franchiser shall have, in addition aother legal and equitable remedies, the option rplaring this orderdsewhere and holding hie Sella liable for damages. Howevea the Sella shall not be liable for damages ex a result of delays due to causes rim rmmmbly fam cable which ate beyond its masoreble control and wiflo d its fault of negligence, such acts ofGad, acts ofavil or military authomim, govermnenal priorities, figs, strikes, rood, epidemics, wars or noes provided that notice of the conditions causing such delay is given ro the Purchmer itin five (5) days of the time ohm the Sella first received knowledge do mE In the event of my such delay, the date of delivery shall be andided for the period eq.I to the time madly last by ra cur of the delay. 3. WARRANTY. The Seller wistaria than all good, articles, materials and work covered by this order will conform wit applicable drawings, specifications, samples maser other descriptions given, will k fit for the purposes intended, and pert ed wit the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur. account of the Sellers breach of wermnty. The Sella stall replace, repair or make good, without cost to the Purchaxt any defects or faults arising within one (1) year or within such longer Mded of time. may be pmcnbed by law or by the terms ofnny applicable warranty provided by the Seller over the date of cceptance of the goods famished hereunder (acceptance not I. be unreemr obly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Adcoq ance or we of good by the Purchaser shall not constitute a waiver of my claim under this warranty. 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 warranties or guaamea, but such liability shall in no occur include loss of profits or fuss of nse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns. other than legal amass, including additions to or deletion from the quirtaies originally ordered in the sped fications or drawings, by verbal ar written charge order. If may such change affects the amount due or the time ofperfomanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wool. change under, terminate this ageement m m any or all porters of der goods then not shipped, subject to any equitable adjmrment between the parries as to any work or astra ads then in progress provided that the Purchaser shall nor be liable fir any claims for tioncineted profit, on the cut ohnpleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such lem,iwlton shall relieve the Purchaser or the Seller of my oftheir obligations as to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mud be assened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Finished in strict compliance with all applicable laws and regulations to which the goers art subject The Seller stall execute and deliver such documents m 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 Sella ages to indemnify and hold the Pei chmer harmless from all costs am damages impact by the Purchaser as a result of to Sellers failure an comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tarufeq or conicity this order, or my monies due or to become this, hereunder without the prior wnum as. ofhe under party. I(h TITLE. The Seller waeams fall, clear and unicameral doe to the Purchaser fen all equipment, materials, all items famished in perfirs ce of this agreement fire ad clear of my anal all liens, trsuie ions, reservations, security interest encumbrances and claims of ours. The Sella shall release the Purchaser mW its connectors of my tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in fie event of fault of negligence of Ile, pony released and shall extend to the directors, officers all employees of such perry. The Settees announced obligations, including wamaty, shall not h deemed to be reduced, in any way, became such work is Performed or caused no be Performed by the Purchaser. 14. PATENTS. Whenever the Sella is required a use any design, device, material or process covered by letter, patmL trademark or copyright, dre Sella shall indemnify oral save harmleu the Purcbuer firm any all all claims for infringement by reason of the use of such poemed design, device, material at process N .meat. with the comma, ad shill indemnify to Purchaser for any cost, expense or damage which it may be, obliged in pay by reason of such infringement many time during the prosecution or other the completion of she work. In case said equipment, or any your Hereof or the intended nse of the good , is in such suit held m .... infringemmt and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and ed its option, either procure for the Purchaser the right m continue ruing said equipment or pans, replace the same with substantially y.I but noninfnnging equipment, or modify it so it becomes mrtinGnging. 15. INSOLVENCY. If the Seller shall become most or ban4 pt, make m assignow. far the benefit of eredimrs, appoint a receiver or trustee for any of the Sellers progeny err Flushness, Its order may foMwith be canceled by the Purchma without liability. 16. GOVERNING LAW. The definitions armors racd or rise interpretation of the agreement and the fights oral[ parties heremder shall be comhucd under all governed by the laws ofthe Share of Colomdo, USA. The following Additional Conditions apply only in cases where the Sella us in perform work heewda, including the services of Sellers Represenarive(s), on the premises of others. 19. SELLERS RESPONSIBILITY, The Seller shall cony on said work at Seller's own risk .,it the same is fully.mpleted and accepted, and shall, in u of any accident, destruction or injury to the work anNor materials before Sellers f 1 completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase. When materials and equipment we burnished by others for imallation or erection by the Seller, to Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials =Nor equipment were being fumished 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 benefits, to its employees employed on or in connection with to work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liabil try insurance with Mdily injury and dent limits of at least S300JL0 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his conaraciou. if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificate ntast such cumpensmion and insurance have been provided. Such centtiriles shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained 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 property caused by or resulting from the execution of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and my r all of the Purchssers officers, agents and employees from all against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which to Purchaser may be put or subject by remain of any act, action, neglect, omission or default on to pan of the Sella, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the poorest or its of icem, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense terror and to defend the mine at the Sellers own expense, to pay any oral all costs, charges, attorneys fees and other expenses, my and all judgments tat may be, incumd by or obtained against the Purchaser or any of its or their officers, agents c r employees in such xuirs or tabor proceedings, all in case judgment or other lim be placed upon or obaine i against the property, of the Purchaser, or said parties in a as a .all ofsuch suds ear other proceedings, the Sella will at pare wage to tame to be dissolved aid diuharged by giving bond or otherwise. The Sella and his contractprs shall alto all safety precaatiom, famish and imall all guard n.essary for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 all all tales and regdations issued purstaat torero. Revised 0L2010