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HomeMy WebLinkAbout111721 THE PEOPLE BUSINESS INC - PURCHASE ORDER - 9126512Fort Collins Date: 05/01/2014 Vendor: 111721 THE PEOPLE BUSINESS INC 1625 LAKE SHORE DR FORT COLLINS CO 80525-2420 PURCHASE ORDER PO Number Page 9126512 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/21/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Addendum to PO 9126512 Additional Funds -2014 Conduct DiSC Profile. Authorized oer Reauis 47231. 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 EA 10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemption. By statute me City of Fort Collin is exempt from state and local mars. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi0005g2 is registered with the Collector of Itnemnl Revenue, Denver, Colorado (Ref. Colorado Revised Smtute 1973, Chapter 39-26, 114 (a). Goods Related. GOODS REJECTED due to failure to at specificalimb, either when shipped .,due to defects of dnmge In transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City ofFor Collins. ImPastim. GOODS are subject tithe City effort Collins turbine. on arrival. Final Acceptance. Receipt of the memhandlu, smicm or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood mat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Tams. Shipments most be ROT,, City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise specified on thin coder. If permission is given to prepay freight and charge separa¢ly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where oamfinctuman have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments are made fmm greener distance. Permits. Seller shall Fromm at sellers sole vast all nemam, permim, anlfimtes end licenses required by all applir ble laws, m ifibriovs, odina ems and roles ofthe state, me cipilily, mount, or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fact Collins harmless fmm and against all liability and two sused by them by reason of an asserted or established violation of any such laws, regulations. ordinances, roles nit on, iftiona s. Acrimonious All mania to this contract agree that the representatives are, in fuel, bite fide and ponness full and complete authority 1m bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits now ance to the terms and conditions stared herein set forth and any supplementary or additional harms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery dare as noted Time is critic essence. Delivery and performance must be Official within the bate stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Initiation, acceptance ofpmial late deliveries, shall openm as a waiver mines provision. In the event ofany delay, the Purchaser, shall no,, in addition In other legal and equitable remchin. the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall can be liable for damages as a result of delays due to caucus not reasonably foreseeable which are beyond its masomble central and without its fault ofnegligence, such ass of God, can ofeivil or military authorities, govemmmral priorities, fires, strikes, Rook epidemics, wars or dots provided that ratter of the conditions musing such delay 0 given to the Purchaser within five (5) days of ale time when the Seller first received knowledge thereof. In me event of any such delay, the dare of delivery shall be extended for the Paiod equal M the rime acwlly lost by reason office delay. 3. WARRANTY. The Seller wmord, that all goods, articles, maerials and work covered by this order will conform with applicable drawings, specifications, samples amA, other descriptions given, will be fit liar the purposes intended, and performed with the highest degree of care and competence W accordance with accepted standard for work of a similar nature. The Seller agrees to hold the puninser hamless from any loss, damage or expense which the Purchaser may sufferer inert on account ofthe Sellers breach of wmmnly. The Seller shall replace, repair or make gaud, without cost an the pro baser, any defects or fmlia arising within one (1) year or within such longer pedad of time as may Far ptescribtd by law or by the moms of my applicable wamnty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance Out to be unreasonably delayed), resulting but imperfect or def time work dim or mmerials ftumishal by the, Seller. Acceptm<e or use of goods by the Purchaser shall tat conslimte a waiver crony claim under this war ally. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pn unnumly caused by the breach of my of the Lamming war —lies or guarantees, but such liability shall in no event include lass ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI4ANG ES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaserta may make any changes to the me, other than legal trans, including additions te or deletions from the quantities originally ordered in the specification or drewirip, by verWl or whom change order. If any such change affects We amount due or the time of performmce hereunder, an equitable adjust nal shall be made. 6. TERMINATIONS. The Fuchan may at my time by wdnrn change order, terminate this agreement as to my or all potions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchases shall not be liable for any claims for anticipated prefits on the uncompleted portion of the goads anVor work, for incidmml or consequeatial damage, and that no such adjustment be made in favor of the Seller with respect m any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mml be sacred within thirty (30) days from the date the change or term atlon is ordered. S. COMPLIANCE WITH LAW. The Sella warrens that all goods sold hemunda shall have been produced. mid, delivered and domisM1W in strict compliance with all applicable laws and regulmiam to which the good are subject The Seller shall execute and deliver such docummrs as may be acquired to eRed or evidence mmplimre. All laws and regulations required to be iarpomed in agreements of this character are hereby incip Ourd heraia by this refereme. The Seller agree to indemnify and hold the Purchaser hannlma fmm all cons and damage suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall nssign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the Other party. 10. TITLE. The Sella warrants full, clear and unrestricted lido to the purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of my and all lien, redrictions, reanwhose, incur tf interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms sal broditions hereof, failure or delay to ammiu any rights or remalie provided herein or by law, failure he promptly aatify the Seller in the men, of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies an to any such goods, regardless of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mamas hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser reconirc that in actual economic practice, mxsharges resulting from commust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any add all claims it may now have or hereafter acquired a der federal or state antitrust lass for such overcharges relating W the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase modern 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or dabstive goods by a date to be appeal upon by the Pnrchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Purchaser may cause the work to be perforated by the mast eapedhious means .-,table to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser end its onormors of any its from all liability and claims of any vam. insulting fmm the performance of such work. This releam shall apply even in the event of fault of aegligmce mf the pray released end shall extend to the directors, officers and employees ofmch party. The Sellers camrutual obligmions, including warranty, shall not be dremrd to be num er, in any way, because such work is performed or mused to be performed by the Pnrchaser. 14. PATENTS. Whenever, the Seller is noriand a um any design, device, material Or mace. covered by Imes, paint, medenad or copyright, the Seller shall indemnify and save harmless the PumAmser firm any and all claims for infringement by mumn of the use of such painted design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any coal, expen.se or damage which it may be obliged to pay by naso. unison infringement m any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the gods, is in such suit held to constitute infringement and the use of said equipment or pan s mjmined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right as continue using mid equipment or parts, replace the same with substantially equal but noninlHnging equipment, or modify it as it becomes n rninfiinging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, Nis order may forthwith te canceled by the Puchma without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the fights of all parties hereunder shall be consumed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers ReprescnutivHs), an the premises brothers. IT SELLERS RESPONSIBILITY. The Sella shall carry oa mid work at Sellers own risk unfit the same is fully completed and accepted, and shall, in ease of my accident, destruction or injury to the work mNor materials before Sellers f I completion and emeplmce, complete We work m Sellers we atlanticand to the sateither. of the Purchase. When maedas oil equipment are f cambal by others far imrallarion an erection by the Sella, the Sella shall reverse, unload. more ..it handle same at the sire and become responsible therefor an Waugh such maenads .Nor equipment war being fumishal by the Seller coda the Order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, to its employees employed on or in connection with the work covered by this purchase order, mdtor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also terry comprehensive 6amal liability including, bur not limited to, comtmtual and aummobile public liability itrsurance with bodily injury and death limits of at least 5300,0x5(s) for any me pnaon, S500,000 for any one accident and property damage limit per accident of S400,00ft The Seller shall likewise require his contractors, if any, to provide for such comperadion road insurance. Before my of no Sellers or his contractors employees shall do my work upon the premises of others, the Sella shall famish the Purchaser with a wifificaur Wet such ecomedeaiov and insurmce have been provided. Such ccnlfrmcs shall specify the date when such compensation and itsttrarae have been provided. Such certificates shall specify the date when such compensation aM maturance expires. The Seiler Was that such compensation and insurance shall be, maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury ofany kind or nature whosoever 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 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 expenses, whether direct or indinal, and whether to persons or property to which the Fort may be put or subject by w awn of any act, action, neglect, omission or default on the pan of the Sella, my of his comma ens. or any of the Sellers or contmdors officers, ,an or employees. In case my .it or older ,managed, shall be bought against the Purchaser, or is aRiwo. agents or employers at any time on account or by reason of my an, action, neglect, omission or default of the Sella of any of his contactors or my of is or Weir officers, agents or employees as afortssid, the Seller hereby agrees to assume ale defense thereof and to defend the mine a We Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenes, my and all judgments that may be incurred by or obained against the Purchaser or any of its or their othcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or ebminal against the property of the Purchase, or said panics in or as a resu, of such suits or other proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guard Owes., for the newinion of accidents, comply with all laws and regulations with regard to safety including, but without limitaiou, the Occupational SaRry and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 0312010