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HomeMy WebLinkAbout320557 INNOVEST PORTFOLIO SOLUTIONS LLC - PURCHASE ORDER - 9145843Fort Collins Date: 10/09/2014 PURCHASE ORDER Vendor: 320577 INNOVEST PORTFOLIO SOLUTIONS LLC 4643 S ULSTER ST, STE 1040 DENVER CO 80237 PO Number Page 9145843 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 10/09/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 4th Qtr - Portfolio consulting bill dated October 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.wrn 1 LOT LS 9,875.00 Total 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 I. COMMERCIALDETAIIS. Tax exemptions. By statute th, City of Fort Collim it exempt from state and local main. Can Exemption Number is 11. NONWAIVER. 98-04503. Finest Excise Tax Exemption Conificau of Registry 84-6000587 is registered with tM Collector of Failure of the Purchaser I. insist upon strict performance of the is= am conditions horror, failure or delay to Internal Revenuq Denver, Colorado (Ref. Colombo Revised Surmas 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller m the event of a breach, the acceptance afor payment for good hereunder or approval of the design, shall nor release the Seller of Goods ft je cal. GOODS REJECTED due w failure m meet specifications. either when shipped or due to di feb of any of the warmnlies of obligations of This purchase order and shall not be clamed a waiver ofany right of foe damage in transit, may he retuned to you for credit and arc nor m be replaced except upon rtcart of simmer Purchaser m insist upon strict performance hereofor any of its rights or jemmies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of ran Collins Inspection on arrival, hereof. final Acceptance. Receipt of the merchandise, services or equipment in cosparse to this under car exult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart Collins. However, it N to No understood thatr FINAL Seller and the Purchaser rorognizc that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependentupon completion oral] applicable required inspection procedures. violators are in fact home by the Purchaser. Theretoforeforgoldcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and up claims it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of pan Collim, 200 Wood St, Fon Collins, CO 80522, ..It. acquired under federal or auto antitrust laws for such overchamga relating to the p nicular goods or services otherwise specifm on this order. Ifpnmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser puram nrto this purchase order. bill most accompany invoice. Additional charges for yoking will not be accepted. 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. Shipment pissace. WMre rmnufaaumcm have distributing points in variants pans of the country, shipment is If the Purchsa directs the Seller as cmren nonconforming or detective good by a dam to be agreed upon by the exported from the nearest distribution Point to desiccation, and excess fieigfn will be labeled firm Invoice when Purchaser aced the Seller, and the Seller thereafter indicates its w iliry a unwillingness to compty. the Purchaser shipments are aide from gromer distance may came the work to be performed by the moss expeditious means available to it, and the Seller shall pay all costs associated with such work. piano. Seller shall procure at sellers sole cost all necessary permits, cenificata and he.. required by all applicable laws, regulation, ordioonces and roles of the care, municipality, mmmry or Political subdivision where the work is performed, or required by any other duly constituted Public authority having jurisdiction over the work of vcnda. Seller further sprees to hold the City of Fort Collins harmless form and against all liability and lass incurred by them reamer of reaof an.awned err uubliestal violation of any such laws, regulation,, ondno inem, rules ,a retpdremeats. Amhu odion. All panics to this common agree that the representatives are, in fact, bona 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 sited herein sex fond and any supplementary or additional mats and condition annexed hereto or incorporated herein by reference. Any additional or different terra and condition porposm by seller are objected to rad hereby rejortm. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nave an your premised delivery date as noted. Time is of the essence. Delivery rob porrormance most be effc red within the time sorted on the Purchase order and the documents attached hereto. No no of the Purchasers including, without limitation, acceptance offered late deliveries, shall operate w a waiver of Nis Provision. In the event army delay, the Purchaser shall have, in addition toother legal and equitable remedies, the option o laboing this order howhcre and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, amb was of God, acts of civil or military sufferitin, govertmenml priontia, fires, stokes, Raced, epidraiw, wars or nor, provided That notice i foe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by Ms order will conform with applicable drawings, specifications, samples anNor other dawriplima given, will nd fit for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards fro work of a mils noun. The Seller agrees m hold Re pu been, hamrless from any lass, damage or expense which the Purchaser may suf or or incur on account offal Sellers breach ofwamavry. The Seller shall replaze. repair or make good, without cast to the purchaser, any defects or faults arising within one (1) your or within such longer prim of time in may be prescribed by law or by the terms of coy applicable wer vary Included by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to the uncommonly delays), resulting farm imperfect or defective work done or trableals fumishs by the Sella. Acceptance or use of good by the Purchaser shall not onstitum a waiver ofany claim under this warranty. Except m 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 vearanfnes or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes as the tones, other tb n legal terms, including additions to or deletion, from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If very such change aff b the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may EI any time by wait. change order, mrmhmm this agreement as to any or all potions of the good then not shipped, subject to any equitable adjustment betwan the Caries as to any work or naturals then in pragreas provided that the Purchaser shall not be liable for any drims for anticipated profits on the uncompleted Portion of the good amfor work, for incidental at consequential damages and Out no fen adjustment M made in favor of the Seller with respect o any goods which art the Sellers mndard stock. No such lamination shall above the Purchaser or the Seller of any of their obligations in to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fiom the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and famished in stria compliance with all applicable laws and regulation to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character an hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless f all rests end damages suffered by the Focbser as a molt of the Sellers failure to comply wind such law. 9. ASSIGNMEW. Neither party shall assign, member, or convey this order, or any monies due or to become due hereunder without the prior written cement ofthe other Party. 10. TITLE. The Seller warrants full, clear and orientation title to the Purchaser for all equipment, materials, and items fumishs in performance of this agreement, free and clear of any and all fens, restrictions, reservations, security interest evemnbranas and claims of other. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance afsuch work. This release shall apply even in the event of fault of negligence of the party mleused and shall extend to the directors, offices and employees of such party. The Sellers contractual obligations, including warranty, shall not be famed to be reduced, in any way, because such work is performed ar caused Iq No performed by the Purchaser. 14. PATENTS. Whenever the Seiler is confirm to ma any design, device, arateral or process covered by later, patent, tmdemak or copyright, the Sella shall indemnify and save harmless the Puchma from any and all claims for infringement by reason of the use of such patmtm design, device, material or process in connection with the contract, and shall indemnify the Purchases for coy cost, expense or damage which it may be obliged to Pay by reaxon of such infringement at any time during the prosecution or after the completion of the work. In name said equipment, or any pan thereof or the intended use of the good, is in such suit held to comtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its ova expense and at its option, either precum for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninrringing. 15. INSOLVENCY. If the Seller 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, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnums ofterrm wood or the interpretation ofthe agreement and to rights troll parties hereunder shall be camtmm under and governed by the lass af,h, Spite afCalmdo, USA. The following Additional Conditions apply only in cases when the Sella is b perform work loommudcn including the smica of Sellers Rcpmentaivc(s), on the premise ofodwa. 12. SELLERS RESPONSIBILITY, The Seller shall may, on said work al Stiles own risk .,it the same u 1011y completed and acceptor, and sbar, in se of any accident, destruction or injury to the work anNor materials before ScRe's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Puurchaer. When materials and equipment are famished by others for installation or ereaion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such material, and/or equipment were being famished by the Seller under the 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 purchase order, and/or in 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, commaccal and automobile public liability insurance with bodily injury and death limits arm lest $300,00o for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise nyum, his contractors, if any, to provide for such campawlion and insurance. Before any of the Sellers or his conbacto6 employees shall do any work upon the premises i fathers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such at ifiwta shall specify the dote what such compensation and insurance have been provided. Such cemficates shall specify the due when such comp awation and insurance expires. The Seller agna for such compression and ..a shall he mainm red until after the entire work is completed and accreted. 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 whatsoever to Persons or property caused by or resulting (tam the execution ofthe 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 oficers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be at or subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any of his contractors, or any of the Sellers or contractors nRcars, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by rrason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or them officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therar and to defend the same at the Sellers nun expense, to coy any and all rests, charges, mumb ys fees and other expenses, any and all judgments that may be incurred by car obtained agairast the Purchaser or any of its err theh radicals, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result afsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and irsmll all goad necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant thereto. Revised 072014