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HomeMy WebLinkAbout541166 REVOLUTION ADVISORS - PURCHASE ORDER - 9145563Fort Collins Date: 09/25/2014 PURCHASE ORDER Vendor: 541166 REVOLUTION ADVISORS LLC 10170 CHURCH RANCH WAY SUITE 100 WESTMINSTER CO 80021 Delivery Date: 09/24/2014 PO Number Page 9145563 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 Note: In accordance to bid 7642 analysis, performance, and learning competency assessment Agreement. Line SERVICE AGREEMENT AUGUST 2014 Description 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 UOM Unit Price 1 LOT LS Total WILSON, JILL Extended Price 97,500.00 $97.500.00 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax mompaims. By statute the City of Fon Collin is exempt from state and local taxes. OurExemption Number is 98-04502. Federal Excise Tex Exemption Certificate of Registry 84-6000587 is registered with me Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stomas 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to deft of damage in bmrsi4 may be, returned to you for credit end sore not to be replaced except upon receipt of wrman instructions; from des City ofF.n Collins. Inspection. GOODS art subject to the City of Face Collin inspection on arrived. 11. NONWAIVER. Failure of thn Purchaser to insist upon strict performance of the terms and conditions berief, faiham or delay to exercise my rights or remedies provided header or by law, failure to promptly notify the Seller in Ne event of a breach, the acceptance of or payment for goods hemunder or approval cribs design, shall not release the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any eight of the purchaser to insist upon amet pefnmsmce hereof or my of its rights or remdies n to my such good, regardless of when shipped, examined or accepted, es to my prior or subsequrnt default hertunder, nor shall my purported oral modifrcatime or rescission of this preaches, mrles by fe Furehaser op.te an a waiver of any of the emu hercoC Final Acceptance. Receipt of the merchandise, services or equipment in respect to Nis order ever result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. auNorised payment me the pan of Ne City of Fart Collins. However, it is to be understood Nat FINAL Seller and Nc Purchaser mcognien Nat in actual ceonamic practice, overcharges mulling Tom antitrust ACCEPTANCE is dependent upon completion ofall applicable acquired impaction procedures. violation am in fact home "a Purchaser, Theretofore, for good cause and in considerman for executing this purchase order, Ne Seller hereby assigns Io the Purchaser any end all claims it may now have or hereafter Freight Teems. Shipment most be F.O.B., City of Fart Collins, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the particular gaud or services otherwise specified oa this order. If permission It given to prepay freight and charge se wrxbfl , Ne original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill meat accompany invoice. Additional charges for packing will vat be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where maoufaztums have distributing point in varion part of On Sunny, shipment is Ifthe Purchaser direct the Seller to normal mnennforming or defective goads by a date to be agreed upon by the expected from the m aret distribution point to destination, end excess freight will be deducted faen Invoice when Pumhnte and the Sella, and the Seller thereafter indicates it inability orunwillinguess to comply, the Feembacer shipments are made from getter domer. may most the work to be performed by the most expedition mean available to it, and fee Seller shall pay all cats associated wiN such work. Permit. Seller shall procure at sidles, sole cost all nttasury females, cafficates and licenses required by all applicable laws, regulation, uniform and mtea often state, municipality, territory or political subdivision where The Seller shall relmm the Purchaser and it cantmdors of very tier form all liability end claims ofany nacre die work is performed, or required by any other duly constituted public authority having jurisdiction over the weak resulting form the performance of such work. of vendor. Seller further agrees to hold fee City of Fort Collins harmless feat and againt all liability and loss incurred by them by reason of m nseded or established violation of any such laws, regulation, ordinances, tales This release shall apply even in the event of fault of negligence of the party external and shall extend to the and requirement. dinaram, officers and employees of such party. AuthorireGoa. All parties in this comment ar tt that $e mema native ea, N fact, hour fide and poaaees fill and The Sellers mntrmmal obligation, including warranty, shall not ha domed or be, reduced, Po my way, became complete authority to bind said ponies. such work is performed or exased to be, Performed by fee Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the if. and condition stated herein set forth and any supplementary or additional terms and condition annexed hereto or incorporated heroin by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby r,jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnudintely if you cannot make complete shipment to arrive on your promised delivery data n noted. Time is often an.,. Delivery and performance must be effected within the time stated on else purchase offer and fee documents attached hereto. No act of the Parchasers, including, without limitation, acceptance of pmi.1 late deliveries, shall operate as is waver of this provision. In den event army delay, the Purchaser shall have, in addition to offer legal and equitable cxn Wier, the option orphaning this order elsewhem and holding the Seller liable for damagn. However, the Seller shall not b, liable for damage m a result of ddap due to cones not reasonably forrsceable which arc beyond it reasonable control and without its fault of negligence, such act of God, acts of civil or military authorities, governmental priorities, Gres, strikes, flood epidemics, wars or riots provided that trance of fie conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge fer,of. In the event of my such delay, the data of delivery shall be extended for the period equal to the time actually Int by reason ofthe delay. 3. WARRANTY. The Seller warrant that all good, articles, materials and week covered by this order will conform with applicable drawing, specification, samples and/or other description givem, will be fit for fie pmpnes intended, and perfoemed with fie highest diagram of care and competition in accordance with accepted standard for work of a similar nature. The Seller open to hold the purchaser harmless form any Ion, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall enplane, repair or make good, without cost to the purchaser, my def t or faults arising within one (1) year or within such longer period of time as maybe prescribed bylaw or by the terms of any applicable wmantyprovided by the Seller after the date of acceptance of fee good famished hereunder (acceptance not to be unreasonably delayed), muting item imperfect or defective work dote or materials fiunishad by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, fee Sellers liability heternder shall extend to all damages proximetdy caned by the breach ofany of the foregoing memories or gmmatas, but such liability shall m no event include loss ofprefit or loss ofine. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pu¢hascr may coke changes Io legal teems by wdnen change .,it,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other It.. legal temr, including additions to or deletion Tom the quantities originally ordered in the specification or drawings, by verbal or woman change order. If any such change affects to amount due or the time ofperformrnce he reunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriven change aide, terminate this agreement in to my or dl portion of the goods ten not shipped, subject m my equitable adjustment betmoen to parties in to any work or materials then in propose provided that dre Purchaser shell not be liable foe any claims for anticipated profit on the unci mpined portion of the good and/or work, for incidental or consequential damages, and that era such adjustment be made in favor of the Seller with impact to any goad which are the Sellers standard stock. No such Lamination shall relieve the Purchaser or the Seller ofany oftheir obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjostmem mast be armed within thirty (30) dap from Ne dam the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrant that all god sold hereunder shall have been produced, sold, delivered and fmished in strict compliance widi all applicable laws and regulations to which else goods arc subject. The Seller shall execute and deliver such documents in 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 Seller agrees to indemnity and hold the Purchaser homeless room all cast and damages suffered by the Purchaser as a result of Ne Sell. fail. to comply with inch law. 9. ASSIGNMENT. Neither party shall assign, confer, or convey this order, or my modes due or to became due hcreun der wifmt the prior woman formed of the other parry. 10. TIME. The Seller warrants full, clear and unrestricted title to me Purchner for all equipment, materials, and items famished in performance of this agreements pace and clear of my and all lions, estimations, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify end save harmless the Purchaser Gam any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify alte Purchaser for any cost, expense or damage which it may be obliged to pay by reason e f mch infringement at any time during fie persecution or tiler the completion of the work. In case mid equipment. or my part Hereof or the intended me of the good, is in such suit held to consulates infringement and the ere of said squattest or part is enjoined, the Seller shall, at it own expense and at it option, either prorue for the Purchaser Ore right to continue ping said equipment or pan, replace Ne same wide substantially equal but mninGnging equipment, or modify it so it becomes noninfrivging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a .r ustean tre for y of the Sellers property ar business, this order may forthwcanceled forthwith be by the Purchaserwithout liability. 16. GOVERNING LAW. The definition of temr used or the interpretation affix agreement and the right are]] parties hereunder shall be mntmedmder end governed by fee laws Often State of Colored., USA. The fallowing Additional Condition apply only in cased whore to Seller is to perform work herttmder, iadudim the services of Sellers Reprma ntative(s), an the .is. of.d ers. IT. SELLERS RESPONSIBILITY. The Seller shall eery oa said week at Sellers own risk until fie same is Polly completed and accepted, and shall, in rase of my accident, destmction or injury to the week ..&or materials before Souses foal completion and acceptance. template fie work at Sell&. own exoman, and to %e mtisfectime of Ne Purchner. When maeral, and equipment can Pomubed by orders for intollation or erection by flee Seller, fc Seller shall receive, udnd, stare sod handle same at the site and become responsible therefor in though such materials and/or equipment ware being fiunuhed by fie Seller miter me Order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pureham order, and/or to their dependent in accordance wide the laws of fie state in which the work is to be done. The Seller shall also may comprehensive general liability including, but eat limited on. arromm i and automobile public liability insurance wide bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per aceideut of 5400,000. The Shcer dull likewise require his co mucmrs, if any, to provide for web compensation and insurance, Before my of the Sellers or his contractors employees shall do any, work upon the premises fothers, the Sellershal furnish the Purchaer with is cardficum that such comparation and insurance have been provided. Such certificates shall specify the date whin such compensation and bra mace have been provided. Such adificates shall specify the rite when such compensation and insurance expires. The Seller agree that such compereaatmet and inmrme. shall be maintained mail or, fc entire work is completed and newed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire mponibility and liability for any red all damage, loss or injury, ofany kind or more whatsoever to persons or property, caused by or resulting form the execution ofthe work provided for in this purchase offer or in connection hcmwif. The Seller will indemnify and hold hmmlen Ne Purchaser and any r all of the Purchasers affrcers, agents end employees farm and agame my and all cla'vna, lase , damage, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchner may ha put or subject by reason of my act, action, nigher, omission or default an the part of the Seller, my of has comeactan, or any of the Seller or contractors offices, agents or employees. In rase my suit or other proceedings shall be brought against the Purchase, or its afters, agent or employees at my name on account or by reason of my act, action, neglect, omission or default of fie Seller of any of his contractors or any of its or their officers, agent or employees in aforenid, the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers awn expenx, to pay any and all cost, charges, attorneys fees and other expenses, my and all judgment fat may be inured by or obtained againt me Purchaser or any of it or their alfem, agents of amplayees in such suit .r other pmcedinp, and in ace judgment or other lice be placed rpm or oberwM against the property of the purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at ova cause fie same to Is, dissolve and discharged by giving bond or otherwise. The Seller and his contactors shell take all safety peecaunon, furnish and inmll all guards nannry far %e prevention of accident, comply wide all laws and regulation wit regard to solely including, but without limitation, fc Occupational Safety and Health Act of 1970 sed all sales end agulmon issued pursuant thereat. Revised 07=4