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HomeMy WebLinkAbout320577 INNOVEST PORTFOLIO SOLUTIONS LLC - PURCHASE ORDER - 9143862PO PURCHASE ORDER 914386er Page CI�/ of PURCHASE 97 43882 1 of z ' `t Collins This number must packing ` v 1 1 on all invoices, packing sli s and labels. Date: 07/09/2014 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: 07/09/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Quarterly Fee June -Sept 2014 July 2, 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@fcgov.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 Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By Manor due City of Fort Collins is exempt from sum and local uses. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Gmrficem of Registry 84-6000587 is registrml with the Collator of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised SuNriv 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of damage in uansil may be returned to you for credit and are not to be replaced except upon receipt of writ inswnions from the City of Fon Collins. Inspection. GOODS are subject or the City of Fort Collins inspection oa uni Final Acceptance. Receipt of the merchandise, u or equipment in response to this order car result in su larrimd payment on the pan of the City of Foe Collins. However, it is to h< understood thatFINAL ACCEPTANCE is drpentr upon completion of all applicable aspired inspection pracdm¢ Freight Terns. Shipments must be BAIL, City of Fort Collins, 700 Wood SL, Fon Collins, CO 80522, unless otherwise specified on this Order. Ifpenak,ion is given to prepay freight send charge scparolely, the original freight bill most.aceompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where ..turn. have distributing points in varmus pans of the mun,ry, shipment at expected from the nearest distribution point to destination, and excess bright will be dedumed tram Invoice when shipments are made from greater distance. PemliB. Seller shall procure at sellers sole cast all necessary permits, certificates send licenses required by all applicable laws, regulations, oNiwaes and roles of the some, municipality, temtory or political subdivision when die work is performed, or rtyuiml by very ether duly conducted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all hand iry and loss incurred by them by reason Of an assumed or established violation of any such laws, regulations, ordinances, miss and Trial ramenls. Authorization All patties to His mmmct agree That the repres unitivo are, in fact, Cow fide and possess fall and complee vulhoNy to bind .,it polies. LIMITATION OF TERMS, This Purchuse Order expressly limits acceptance to the terms and conditions stated Racier set forth and any supplementary or additional lemts and conditions annexed hercm or imew,mrned heroin by reference. Any adduripnnl or di@maim terms and con fiviom proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ryon count male complete shiparend to arrive on your promised delivery date as noted. Time is ofthe Corner. Delivery and performance must be effected within Be time ,[muck no the purchase older and ,he documents attached hereto. No ems of He Purchasers including, without limitation, acceptance of partial late deliveries, shall oprmm as a waiver Orion, provision. In the event 01'My delay. the Purchaser shall have, in addition to other legal and equlmble remedies, the option of placing this order elsewhere and holding Be Seller liable for damages. Houaveq the Seller shall not be liable for damages as a result ofdelays due to cases no, reasombly foreseeable which are beyond its reosowble control and without its fault of negligence, such act of Gad, arch, of civil or military authorities, awmarr emad priories, fires, strikes, flood, epidemics, wars or Los provided them notice of the coalition, causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller Jim received lamelcvlR, Hereof. In the event Of any such delay, ,he date of delivery shall be extended for the period equal to He time actuary lost by reason of den delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by His order will confarm with applicable drawings, specifications, samples Labor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a imila, wmm. The Seller erg ees to hold the purchaser harmless from any lass, damage or expemr which the Purchaser may suRer m inert on account spite, Sellm breach ofwarmnry. The Seller shall replace, repair or make good, without cost to the purchaser, eery defects or faults mising within one (I) year or within such longer aerial of time se may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter tfie date of acceptance of the gads furnished hereunder (acceptance not to be meaasmobly delayed), resulting from impeff t or defective work done or noweri ide furnished by the Seller. Acceptance or use of goods by the Purchaser shall not mtstimm a waiver of any claim under this warranty. Except at, otherwise provided in this purchase order, the Seller liability fiertander shall extend ro all damages proxi attely caused by the Parish of any of the foregoing wsrren[iex or gwmntees, but such liability shall in no event include loss ofPsa is err loss of use. NO IMPLIED WARRANTY OR M F,RCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Practical may make ehanges to legal moms by wines change order. - 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make ally changes to the terms, other than legal terms, inchding additions m or deletions from the 9uamities originally ordered in the specifications or dolv inns, by verbal or written change order. If any such change affects the amount due or Be time of performance hereunder, an equitable adjustmm, shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by writ change order, emotions, this agreement as to any or all Panama 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 Purchaser shall not be liable fir any claims for anticipated profits on the uncompleted portion ofthe Sands Labor work, for incidental or comcquermal damages, and Out no such adjustment be made in favor of the Seller with res,ou many goods which are the Sellers standard stork. No such a mlination shall relieve the Purchaser or the Seller army oftair obligations w to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable lawn and regulations 0 which the goads are subject. The Seller shall execute and deliver such recommits as may For squired to sheer or evidence compliance. All laws and regulations required to be ncoryomted or agreements of this clause, are benby incm parded herein by His refereae. The Seller agrees on indemnify hard hold the Purchaser bumless from all rusts and damages suf sed by the Purchaser as a result of the Sell, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, era rfe, or convey this order, or my monies due or to become due hereunder without the prior va n w consent of the mher parry. 10. TITLE. The SeIler warrant full, clear and unrestricted tide to the Purchaser for all esuipmmL ram mals, and ilaw famished in performance of this agreement, free and clear of any and all liens, restrictions, reservmians, security interest encumbrances and claims afothers. II. NONWAIVER. Failure of the Purchaser to insist upon strict perfomoame of the mom and madden— hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance star 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 O11he purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of eran shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purponcd cold modification or rescission of this purchase order by the Purchaser operate as a waiver of eery of the mom hereof. 12. ASSIGNMENT OF ANTIT RUST CLAIMS. Seller and the Purchaser recognize that in acme$ is, c practice, overcharges resulting from antitrust vita shiew are in fact homeFloriculture, by,be purchaser. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purehaer any and all claims it may raw have or breafer acquired under federal or state antitrust laws for such overcharges renting to the particular goods or services purchased or acquired by the Purdraser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct TmnconfotmwR or defective goads by a daze to Per agreed upon by Be Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness to comply, the Purchaser may muse the work to be perfmoed by the nmst expeditious means available to it, and the Seller shall pay all costs msseaded with such work. The Seller shall release the purchamr and its contmavas of any her from all liability and claims of any nuns csphing from the performance of such walk. This eleas shall apply even in the event of foul, Of negliaencc of the party released and shall extend m the directors, oRcm and employees of such pony. The Sellers conmactual obligations, including wananry, shall not be deemed to be reduced, in any way, because such work is performed or caused,a M performed by the Purchaser. 14. PATENTS. Whenever the Seller is required la use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmers the Purchaser from any and all claims for infringement by reason of Be use of such parented design, device, material or process in connection with the copmect, and shall indemnify den Purchaser for any cost, expense or damage which it may be obliged an pay by rectum Of such inGmngement at any time during the preemution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the good, is in such suit held 0 constitute Infringermmelrt and the use of said equ waver, or an is enjeined, the Selur shall, al its own expense send at its option, either procure for the Purchaser the right to contain, using said equipment or pans, replacr the same with substamialy yual bur nonlnGnging equipment, or modify it or it becomes nwMfiringing. 15. INSOLVENCY. If the Seller shall become imoh'en, or bmnkmpL make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser eviduad liability. 16. GOVERNING LAW. The definitions ofmrms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be rerwours ender and governedby the laws ofthe Store ofColorado,USA. The following Additional Conditions apply only in eass when He Seller is to perform weak hereundeq including He senices of Sellers Repreunotive(s), on des premises ofidems. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own disk all the same is fully completed end accepted, and shall, in e of any wriden4 destruction or injury to the work and/or materials before Seller's final completion and occurrence, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and spei, men, are finished by others for iastllmion err erection by the Seller, the Seller shall receive, unload. store and handle rune or the site and became responsible therefor as though such mamdpk wall., equipmen, were being famished by the Seller under the order. 18. INSURANCE. The Seller shad). at his own expense, provide for the payment of workers sman,whation, including humpatiowl disease benefit, to its employees employed on or in connection wide the work covered by this purchase made, am9or to their dependeno in weardance with the laws of the sore in which dre work is to b, done The Seller shall also tarty comprehensive general liability including, but no, limited to, comolema had automobile Public liability insurance with bodily injury and death limits of m Iruu $300,000 for any one person, $500,000 for any one accident and prapeny damage limit per accident of S4W,000. The Seller shall likewise require his recurs, if any, to provide for such compensation and insurance. Before eery of the Sellers or his contractors employees shall do any wink upon the premises of orders, the Seller shall Commit the Puactial with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation had insurance expires. The Seller ogees that such compensation and insurance shall be maintained until after the entire walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby notes 'be entire responsibility and liability for any and all damage loss or injury of very kind or nature wlmooever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. Thar Seller will indemnify had hold harml-, the Purchaser and very or all of the Purchasers officers , agents and employers from had against any had all claims, lasses, damages, changes or exproxi whether direct or hadmi and whether m persons or Property to which the Purchaser may be put or subject by reason of my xS action, neglect, omission or default on the pan of the Seller, any of has communist of any of He Sellers or mntmaors oRcers, agents or employees. In case hay suit or other proceedings shall be brasgh, aplim, Be Purchase, or its offers, agents or employees at any lime on account or by reason of any mi. action, Largest, omission or default of the Seller of my of his convertors or my of its or their afiicen, agents or employees as afresaid, the Seller hereby agrees on assume the defense thereof and m defend the same at the Sellers own experue, to pay any and all costs, charges, a tomeys fees anal other rxpeases, any and all judgments that may be incurred by or obtained against the Purchaser or hay of its or their oRcm, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property o1'the Purchaser, or said parties in or as a result crash suits or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Like all safety poscautiom, furnish and imtall all guard naessary for the prevention of accidents, comply with all laws cud regulations with rtgmd to safety including, but without further, the Occupational Safety and Hearth Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03I2010