HomeMy WebLinkAbout320577 INNOVEST PORTFOLIO SOLUTIONS LLC - PURCHASE ORDER - 9142215PURCHASE ORDER PO Number Page
City Of/�OI Collins
9142215 1 of z
' `} ( Vns This number must appear
"1 on all invoices, packing
sli s and labels.
Date: 04/21 /2014
Vendor: 320577
INNOVEST PORTFOLIO SOLUTIONS LLC
4643 S ULSTER ST, STE 1040
DENVER CO 80237
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 04/21/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Quarterly Fee 3/31/14- 6/30/14
Statement dated April 1, 2014
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&cgov.com
1 LOT LS
9,875.00
Total
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from time and local loxes. Our Exemption Numb, is
11. NON WAIVER.
98-IW502. Federal Excise Tox Exemption Cenifidme of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to most upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colomdo (Ref. Colorado Revised Mature 1973, Chapter 39-26. 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofine design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet spaci fidnimn, either when shipped or due Ltr defects of
any of the warenries or obligations of this pardase order and shall not be deemed a waiver of any right of the
damage in human, may be mounted to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon shin Performance hereofor any of its rights or randier as to any such goods, regardless
interactions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequrnt defult bereunM, nor shall any puryertd
and modification or rescission of this purchase order by the Pumhasd operate ex a waiver of any of the tame.
Inspection. GOODS are subject to the City of Fort Collin inspection on moral.
hereof.
Final Acceptance. Receipt of the merchandise, services or egdipmm, is angriest to this order can moult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paymrnl oa me part of the City of Fort Collins. However, it is to be undestood that FINAL
Seller and the Purchaser resistance a that in actual economic practice, ovear rchges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable fquin d inspection procedures.
violations are in fan home by the Purchaser. Theretofore, for good onus, 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 Termv. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Too Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relaring to me particular goods or services
ofcossaw member on this order. If permission is given to prepay freight and chmgc scpamrdy, the original Bright
purchased ar acquires by the Purchaser pursumt m flux purchase order.
bill must i ccomumv; invoice. Addiioml Occurs for packing will not be acerntr 1.
Shipment Distance. Where manufacturers have distributing points in varimmi pans of the country, shipment is
expected form the round, distribution point to drstioation, and excess f ight will be deducted from Invoice when
shipments sere made from Bremer do...
Pennies. Seller shall prom, a, callers sole cast all accord, permits, cefficar. and licenes required by all
applicable laws, regulation, ordimnces and rules of the state, municipality, temwry or political subdivision where
fe work is performed, or mquiud by any other duly con,imted public authority havingjurisdic,io , over the work
of vendor Seller further agrees to hold the City of Tom Collin harmless from end again, all liability and loss
incurml by them by pagan of an maned or established violation of any such laws, regulation, ordinances, rules
and "itirmunss.
Authoritarian- All Fames to this contract agree that the Maddriativd um, in fur, bona fide and possess full had
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order ecparaly limits acceptance to Os, terms and corrd uroy, stated
herein set forth and any supplementary or additional temps and condition annexed herein or incorporated herein by
reference. Any a ldnignl in diHermt it. and condition purposes] by seller are objected or and hereby mjeaed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immexlundly ifyoo cannot make complete shipmem m active on your
promised delivery date m natal. lime isof the essence. Delivery and perfomwmc matt be effected within the time
stated on me purchase made, and the diamonds matched herein. No acre of the Footholds including, without
lifignomn azcepti nor of partial late deliveries, shall opere, m a ivaivd of Nis provision, In Ilia evem ofany delay,
fie Purchaser shall have, in addition to order Icgal and equitable remedies, the irdim of placing Nis order eluwhem
and bolding the Seller liable for damages. Ilowever, fie Seller shall not be liable for damages as a result of delays
due to stages not uawaably foreseeable which are beyond its rammmble coulml and withom its fault of orgligmta,
such acts of God, cots ofcivil or military authorities, governmental prionfid, fines, stokes, Rood, epidemics, were or
riots provided that arid, of the conditions coming such delay is given 1g one Puahaum within five (5) days of the
time when the Seller first received knowledge thereof. In fie event of my such delay, life date of delivery shall be
expended for fie period digital m me time actually lost by rtawn of the delay.
3. WARRANTY.
The Seller warrants that all goods, afield, materials and work covered by this order will conform with applicable
drawings, specification, samples andmr other description given, will be fit for me purposes intended, and
performed with the highest degree of care and competence in accordance with accepted smndmda for work of a
similar nature. The Seller agrees to hold the purchaser hornless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwarramy. The Seller shall replace, repair or make
good, without trust to the purchaser, any defects or faults raising within one (1) year or within such longer period of
time as may be prescribed by law or by the donne ofany applicable warranty provided by the Seller after the date of
accepmud of the goads frmishd hereunder (acceptance not be unreasonably delayed), resulting from birdied
or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not
constitute a waiver or any claim under this warranty. Except as otherwise provided in this purchase gold, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any offe foregoing m r➢mies
or guarantees, but such liability shall in no dent include Ins of profits or loss of use NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchmer may make change, to legal it. by written change trader.
5. CHANGES IN COMMERCIAL TERMS.
The Pmebuve may make any changes to the tame, ocher that, legal temm, indudia, additions m or deletions from
the quantities originally ordered in the specification or drawings, by vefal or wrinen change .,tier. If any such
change affects the amount due or the time of,dfiranance hereunde, oa equitable adjmlmenI shrill be mode.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all grunions al the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that fie Purchmer shall not be hurt, for any claims 10, anticipated profits on the uncompleted
portion of the goods andror work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller arm respect to any goods which on the Sellers standard smock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be warned within thirty (30) days from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and furnished in stood
compliance with all applicable laws and regulation to which fe good are subject. The Seller shall execute and
deliver such documents as may be requires to effect Or evidence compliant. All laws and regulation required to be
umorpor m l in agreements of this character are hereby incorpommd herein by this reference. The Seller agrees to
indemnify and hold the Pwchder harmless from all costs and damages wrapped by the Purchaser m a result of the
Sellers failure to comply worn such law.
9. ASSIGNMENT.
Neither party shall cosign, manger, or convey this gold, or any monies due or to become due hereunder without me
prior rannm grand,, offfe other party.
10. TITLE.
The Seller co mama full, clam and misguided title to the Purhasd for all d3vipment materials, and item famished
m perfommmce or mix agreemen. free and cleat of any and all lieu, nstodion, rd arsedims. uatimer interest
encumbrances and claims of ohers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser diretta me Seller to coned nonconforming or defective goods by a date to be agreed upon by the
Pumhas, and doe Sella, and fe Seller thereafter indicates its inability or unwillingness to comply, me Prodarmr
may cause the work ro be performed by toe most expeditions mean available to q and the Seller shall Pay all
costs assocu,ed with such work.
The Sell, shall release use Purchase, and its contrmct ns of any tier from all liability and claims of any rature
resulting from the performance ofsucb work.
This or. shall apply e'en in toe door of fault of negligence of me parry, relesscd and shall extend to the
diuctim, ofred and employees ofsucb parry.
The Sellers contmnual obligations, .]ad., wammW, shall not W deemed a b, rducd, in any way. bxauu
such work is performed or caused fo b, remained by fie purchaser.
14. PATENTS.
Whenever me Seller is required to use any design. device, matrnal or process covered by letter, perch, nademmk
or copyright, lie Seller shall indemnify and save harmless the Purchaser Gam any and all claims for infringement
by peawn of the me of such p tdted design, device, material or process in connection with the comrac, and
shall indemnify the Purchaser for any cos, expense or damage which it may her obliged to pay by reason ofs arch
infringement at any time during me prosecution car other the ..plot. offe work_ In case said equipmen, or
any pan thereof or Ne intended use of me goods, is in such sun, held an contimt, infiingerneot and the use of
said equipment or pan is djoind. me Seller shall, at its awn expense and at its opfion, either porm re for Ne
Purchaser me right to continue ruing said drumming or parts, replace the same with substantially optical but
rmninGnging equipment, or modify it so it becomes naninGnging.
15. INSOLVENCY.
If Ore Seller shall become insolvent or bankrupt make our assignment for the h Befit of dcdimrs, appoint a
receiver or wsme for any of me Sellers property or besiness, Ores order may forthwith be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definition oftertrs red or the interpretation offe agreement add me rights of all parties hereunder shall od
composed under and govemed by fe laws of me State ofColoot USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including fie services of Sellers Rep rsonfi live(s), on fie ream. ofofers.
17. SELLERS RESPONSIBILITY.
The Seller shall dory on said work a1 Se11eA own ask .,it fe sume is fully completed and acceptd, and shall,
in u of my accident, destruction or injury to the work andlor matanak before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the sm5frman of fie Purchaser. What materials
and equipment are famished by others for intallmion or erection by the Seller, she Seller shall receive, rumored,
store and handle same at the site and become rsponible do refor as dough such materials mNor equipment
were being fmishd by fie Seller under the order.
18. INSURANCE.
The Sells, shall, at his awn expense, provide for me payment of workers compensation, including occupational
disease bmefts, lm its employees employed on or to comedian with the work covcrd by this purchase code,
ani to their dependents in accordance is ma the Lows of the state in which Or, work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with huddy injury and death limits of at least 5300,000 for any one person, $500,gro for any
cooccident and property damage limit per accident of 5400,000. The Seller shall likewise require his
ntractors, if any, to provide for such compemmion and hormone. mone. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided Such di ificates shall specify the date when such
ompenmtion and insurance have been provided. Sigh certificates shall specify fie date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed ad incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby trounces the entire responibility and liability for any and all damage, two or injury ofany kind
or nature whatsoever to persons or property caused by or resulting Item fie execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless fie Purchmer and any
or all of the purchasers officers, agents and employees from and against any and all claims, losses, domagd,
charges or expanses, whether direct or indirect, and whether to person or property to which the Purchaser may
be put or subject by reason of any ar, atim, neglect, omission or default on fie part of me Seller, any of his
contractors, or any of the Sellers or cmmmonors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Powhasd, or its officers, agents or employees at any fine on account or
by reason of any act action, neglect, omission or default or me Seiler of my of his contractors or my of its or
ureic offices, agents ar employees as aforesaid, the Seiler hereby agrees to asstme me defense thereof and to
defend the same at the Sellers awn expersu, to Pay any and all costs, charges, enamels fees and other dri ages.
any and all judgments that may be incurred by or obtained against fie Purchmer or any of its or men officers,
agents or employees in such suits or other proceedings, and in case judgment or other lid, IN placed upon or
obtained against the property, of the Purchaser, or said parries in or as a much of such suits or other proceedings,
fc Seller will at are cause the same to M dissolved and diuhatgd by giving hand or omerwise. The Seller and
his concordant; shall take all safely pri anion, famish and inmll all gumds necessary f the prevention of
accidents, comply wim all laws and regulation with regard to safety including, but without liudmdon, me
Occupatio aid Safety and Health Ad of 1970 and all mlm and regulation issud pnrswmt fca m.
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