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HomeMy WebLinkAbout454095 THE PREMIER COMPANY LLC - PURCHASE ORDER - 9140362 (2)PO PURCHASE ORDER 914036er Page rClty of PURCHASE 9140362 t of z `t Collins Ins This number must appear v ` �7 on all invoices, packing sli s and labels. Date: 1111012014 Vendor: 454095 THE PREMIER COMPANY LLC 113 S COLLEGE AVE FORT COLLINS CO 80524-2808 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Permier/Sterling/Tandem Select Background Checks 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 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 L COMMERCIAL DETAILS. Tax exemptions. By statute tiN City of Fort Collins is exempt form sure and local boxes. Our Exemption Numb,, is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifican of Registry 84�6000587 is registered wins the Collator of FaRure of the Purchase to insist upon surer Performance of the names and conditions hereof, failure or delay as Internal Revenue, Denver, Colorado (Ref. Colorado Revised StaNles FIG, Chapter 39-26, 114 (a). execitt any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acreptance 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 specifications, either when shipped or due to defects of any of the wer anlies or obligmio e, of this proul aie order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hadu for my of its rights or remedies as to any such goals, regardless instructions from the City of Fon Collins. of whim shipped, received or accepted, as to my prim or subsequent default hereunder, nor shall any purported wall modification or rescission of this purchase order by the Purchase operate as a waiver of my of the terms Inspection. GOODS art subject to the City of Fon Collins inspection on small hereof. Final Acceptance. Receipt of the merchmdoo. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of the City of Fall Capons. However, it is m be understood that FINAL Seller and the Purchaser recognize Nat in actual ec is practice, overcharges resulting from antitrust nforr ACCEPTANCE isdependentopen compleion of till applicable required inspection procedures. violations are in fact home by the Producer. Theretofore, good cauu and as consideration for executing this purchase order, the Seller hereby assigns to the Purchase my and all claims it may now, have or hatifter Freight Tens¢. Shipments most be FOR., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the phaicular goods or services otherwise specified oa his Order.Ifpcmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill must screw any invoice. Additional charges for making will rant be arrested. Shipment Distance. %Vhear manufacturers have distributing points in varmas That of the country, shipment is expected ft.. the ..rest distribution in, to destination, and excess freight will be deducted from Imoice when shipments are made from greater distance. Famous. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by ell applicable laws, reguldiana cadmium; and rates of the sure, comicipaliry, tenimry or political subdivision where the work is performed, or required by my other duly mnsrimted public authority havingjurisdiction over the work of vendor. Sella further agrees to hold the City of Fon Collins hur lens from and against all liability and loss incurred by than by reason of m asserted or established violation of any such laws, regulations, Ordinances, roles and requirements Autbommion. All panics to this construct agree that the representatives are, in fact, bona fide and possess full and complete austerity to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act both and any mpplawatury or additional toms and mediums mnexed berets or incorporated herein by reference. Any additional or different roam and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiamly if you carrot make cou pled, shipment to larva on your promised delivery data as noted Time is of the assume. Delivery end perfomance, mast be effected within the titre stared run the purchase omen and the documents attached hereto. No acre of the Purchasers including, without limitation. acceptance of pnial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall bare, in addition to other legal and equitable remedies, the option of placing Nis order elsewhere and holding the Sella liable for damages. However, me Seller shall Out be liable for damages as a real of delays due to causes not rmmnably foreseeable which an, beyond its assumable control and without its fault.17m,ligence, such as of God arts ofcivil or military authorities, govemmenul Families, fires, strikes, flood, epidemics, was or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days m the time when the Seller fiat received knowledge thal In the event of any such delay, the date of delivery shall be extended forme period equal to the time mtually lost by arasm of the delay. 3. WARRANTY. The Seller warrants that all good, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other Ocrandions given, will be fit for the purposes intended, and performed will me hipaut degree of core aM competence w accordance with accepted standad far walk of is Molar nature. The Sella agrees I. Sold Ne purchaser hadmless farm any lass, damage or expense which the Purchase, may suffer car incur an account of rue Sellers breach ofw.nty. The Seller shall replace, repair m make good, without cost to the front any defe= or faults adding within one (1) mar in within such longer pennd of time as may be prescribed by law or by the terms of any applicable womnty provided by the Seller aflat the date of acceptance of the good famished hereunder (acaptmce aor to be unreasonably delayed), resulting from imperfect or defective work dam or materials famished by the Seiler. Acceptance an tau of goods by the Purchaer shall not constimte a waiver of any claim under this wamnty. Except as otherwise provided in this purchase added, the Sellers liability hereunder shall exmnd to all damages proximately award by the br®ch of my of the foregoing warranties or guarantees, but such liability shall in no event include loss afpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tames by w roan change aNrr 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions no or deletions from the quern originally ordered in the specifications or dmwinga, by verbal o wrill- change oNer. If any such change affects the amount due or theme tiof performance hereunder, an reputable Wjmtmmt snail be made. 6. TERMINATIONS. The Purchaser may at nary time by wri.en change order, terminate this agreement as many or all Panama of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials men in progress provided that the Parcbase shall not be liable for any claims for anticipated profits on the uncompleted ,onion of the goods anchor work, for incidental or consequential damages, and that no such adjustment b , made in favor of the Sella with respect to any goods which art me Sellers standard stack. No such termination shall rdiea me Purchases or the Seller of any crown obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must ho asserted within thirty (30) days from the date the change or irradiation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations t. which the goods are subject. The Seller shall execute and deliver such documents res may be rquired to effect or evidence compliance. All laws and regulations ""tired to M ncorynrated in agreements of this tharmter are hereby incorporated herein by this refer.ce. The Seller agrees to indemnify and Said the Purchaser harmless from all vests and damages suRered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cou,n,..far, or convey this Order, or any monies due or to become due herewden without the prior woman meteor of the other pray. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, fare and clear of my and all liens, resmdions, reservations, security interest mMdm ma will claimsof.mars. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe prounflost dircets Ne Sella m coral rrorrconforming in defective good by a date to be agreed upon by rise Purchase and the Seller, and the Seller ther.0er indicates its inability or unwillinymr ss to comply, the Purchaser, may cause the work to be performed by the most expeditious means available to it, and the Sella, shall pay all costs associated with such work. The Seller shall release the Purchaser end its emtramors of my tier Born all liability and clairds of my nature resuhmg f the performance of such work. This release shall apply even in the carat of fault of negligence of the party released and shall extend to the directors, olticas and employees ofsuch parry. The Sellers com acmal obligations, i seluding.1, shall not be deemed to be reduced, 1n.1 will because such wark is peRormad or wand to be Pefomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchase Gam my and all claims for infringement by reason of the tau of such patented design, desire, material or process in connection with the contract, and shall material the Purchaser for any cost, expense or damage which it may be obliged to Pay by reason of such inGngement at any time during the prosaation or after the completion Of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constimte inGnganent and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the Purchaser the right to continue using said equipment or parts, replace me same with substantially arm] but rani fioging equipmem, or modify it so it becomes mninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp. 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftertns used or the interpretation ofine agreement and the rights of all parries hereunder shall be construed under and governed by the laws of the State ofColamdo, USA. glre following AWitimnal Conditions apply only in rout where me Seller is to perform work hereunder, Including me services of Sellers Represrntative(s), m me pramius orations. 17. SELLERS RESPONSIBILITY. The Seller shall any On said work at Seller's own risk until the same a filly completed and rarefied, and shall, in case of my accident, desertion or injury to the walk ankor materials before Sellers fin completion and mceprmre, complete the work at Sellers own axpense and to me sadsfacrion of the Purchase. When materials and quipment are fumshed by others for instillation or erection by me, Seller, the Seller shall receive, make , no, and handle same a the sire and become responsible therefor as enough such materiels mdla equipment were being famished by the Seller under the order. I S. INSURANCE The Sella shall, at his own expense, provide far the payment of workers romperwtioq including amupatiaml dam se benefits, to its employees employed on or in concoction with the weak covered by this purchase order, raker to their dependents in accordance with the laws of the sure in which the work a to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmcmal and automobile public liability insurance with bodily injury and death limits arm least s300,000 for any one person, $500,000 for any conaccident and proerty pdamage limit par statistical of S400,000. The Seller shall likewise normal his tactors. if any. to provide for such comprnsatim and insurance. Before my of me Sellers of his contractors employees shall do any walk upon me premises i fiftlet the Seller shall furnish Ne Purchaser with a mtificale that such mmpensatiou and insurance have been provided. Such anificares shall specify, the date when such compensation and insurance have been provided. Such cenificates shall specify the dare when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained omit after the more .,it 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 of any kind or namre whatsoever to persons m properly caused by or resulting from the execution ofthe work provided for in this purchase order or N comation herewith. The Seller will indemnify and hold hamlets the Purchaser and my or dl of the Franchisees ci ies, agents and employees from and against any and all claims, losses, damages, charges a expenses, whether direct or indiraL and whether to persons or patiently m which the purchaser may be put or subject by reason of any act, action, region, omission or default on the Pan of me Seller, my of his conamcmrs, or any of the Sellers or estimation officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees at any time on account or by reason of any act, ardon, region, omission in default of the Sella of any of his contractors or my of its or their offcars, signals or employees res Shot the Seller hereby agrees m assume me defense metal and to defend the snare at me Sellers own expense, to pay any mud all costs, changes, atmmcys fiat and Omer expenses, my and all jWg mu that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or Other proceedings, and in case judgment or other lien be placed upon Or obtained against the property of the Purchaser, Or said parties in or as a soh of such suits or other proceedings, the Seller will at once.use the same to be dissolved sad discharged by giving bad or commerce. The Seller and his contractors shall boke all safety precautions, famish and install all guards rrecesary for the privation of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Computational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07R014