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HomeMy WebLinkAbout331705 SLAVIN MANAGEMENT CONSULTANTS - PURCHASE ORDER - 9146836PO PURCHASE ORDER 914683er Page C117/ of PURCHASE 46836 t of 2 ' `tCollins/ This number must appear ` V " on all invoices, packing sli s and labels. Date: 11/21/2014 Vendor: 331705 SLAVIN MANAGEMENT CONSTULTANTS 3040 HOLCOMB BRIDGE RD SUITE Al NORCROSS GA 30071-1357 Ship To: CITY ATTORNEY CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/21/2014 Buyer: PAUL, GERRY Note: Line Description Quantity Extended p ,,.,,,,.,,,, UOM Unit Price i CA recruitment CA recruitment - Fixed fee 2 CA recruitment CA recruitment - NTE Exp 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.mm 1 LOT LS 16,110.00 1 LOT LS 8,860.50 Total $24,970.50 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 exemptions. By statute the City of Fort Collins is exempt from state and local main. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of I I. NON WAIVER. Failure of the Purchaser M insist upon spiel performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumatra 1973, Chapter 39-26, 114 (a). exercise any rights or remedies Provided herein fir by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not elease the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver crony right of the damage in transit, may he returned to you for credit and arc not to be replaced except upon receipt of written Wrthaxr to insist upon strict performance hereofm any of its rights or remedies as to any such goods, regardless irewetions from the City of Fort Collins. of when shipped, received in accepted, as as any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the temss Inspection. GOODS arc subject to the City of Fon Collins inspection era araival. hai Final Aaepance. Receipt of the merchandise, ser'icas or equipment in popular to this order rat result in )2. ASSIGNMENTOFANTITRUSTCLAIMS. authorized payment on the part of the City of Fan Collins. However, it is to he understand that FINAL Seller and the Fuchaser recognize that in actual economic practice, overtM1arga resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser, Theretofore, for good taro and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of ran Collins, 700 Wood Sr. Port Collins, CO 80522, unless acquired under federal or state antilmst laws for such overcharges relating to the particular goods or services otherwise specified era [his order. If pennissiom is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase ord, bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. ens Distance. Where manufacturers have distributing Points in sarions pans of the country,voceshipment is me def five goods by a date to co agreed upon by site If the Purchaser directs the Seller to eateneunder forming expac poim to datiwion, and excess freight will be deducted from Invoice when expected from the moms the Sella, and the Sella thermflert a in irabiliry or as M tamely, the Puchaser n io greater shipments are more (tam grasser distance. distn may ou semis available it, may Huss she work to be pert red by she most expeditions means mailable to is, and the Seller shall pay all exile costs associated with such work. Permits. sellers role cost all noesary permiali cet i and licenses required ell shall plmov, rmary w laws, regulations, ordinances and talcs political subdivision whom applicableSellalaws rd municipality, feamary The Seller shall release the Purchaser and its cantmdars of any tin from all liability and claims of any nature ,he wrki duty aunt it over the work she work is performed, by any aloe had gainst marking from the performance ofsuch work, of Fail Calloed n coon ha from , agree, i the City fort Collins harmless from and against all liability and loss hour, hold aid.,. Seller funkier agrees to hold the City oared by them by ream of an asserted or established violation of any mcM1 lows, regulations, ordinances, roles in urr li This apply even in she event of fault of negligence of the parry released and shall extend to the and requirements. tom.releaseof icers directors officers and employees of such party. Authorization. All parries to this contract agree Out the squesentalives arc, in fact, bow fide and possess full and The Seller's command obligations, including warranty, shall not be domed to be reduced, in any way, because complete authority so bind said panim. such work is performed m caused 10 be performed by the Purchaser. LIMITATION OF TERMS. nix Purchase Order expressly limits accrptaarsce M the lemu and conditions sasrd herein set fired and any supplementary or additional to. and conditions annexed hrmo or irs oryomted herein by reference. Any a khman l or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date in noted. Toren of the essence. Daway and Dufrmance must be around within the time stated on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the mint fany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable For damage However, the Sella shall not be liable for damages m a mutt of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault ofoegligmee, such an, of God, acts ofcivil or military authorities, governmental prior ics, fires, strlka, flood, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Purchaser within See (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants Out all goods, article materials and work covered by this order will conform with applicable drawings, specifcatiom, samples mNor other descriptions given, will be fit for the purposes intended, end performed with the highest degree of ate and competence in accordance with someptad staMnt& for work of a similar wtue. The Seller again, to hold the purchaser harmless from any loss, damage or expense which fe, Purcbmer may suffer or incur on account ofNe Sellers bunch of waravry. The Seller shall replace, repair or make good, without cost to the purchamq any defers or faults rasing within one (1) year or within such longer period or time as may he prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or defective work done or materials punished by the Seller. Accepotwe or use of goods by the Purchaser shall not anstimle a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ache foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss cruse, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehasa may make changes to legal term, by writen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to do, terms, other than legal terms, including additions to or deletions form the quantams originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change nMeq termiate Nis agrerrom as to any or all portions of the goods then not shipped, subject M any equitable adjustment Mween the parties m to any work or materials then in progress provided Oat the Purchaser shml nor be liable for any claims for anticipated profits on the uncompleted panien of the goods anNor work, for incidea ml m consequential dvna5er, and that an such aspentienr he made in favor of the Seller with taped to any goods which are the Sellers social stock. No such termination shall relieve the Purchaser or the Seller crony ofaEeir obligatimrs as to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat he maned within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller waning; that all goods said himandar shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations M which the goo& are subject. The Seller am[] execute and deliver such documents in nay he required M etlect incredentt ..pit.. All laws and regulations required in be incorporated in agreements of this character are hereby incotpers ed brown by this rcfcmam, The Sella agrees to indemnify and hold the Purchaser hamnless from all costs and damage, sulRred by the Purchaser as a result of the Sellers failure to comply wild such law. 9. ASSIGNMENT. Neither parry, shall cosign, transfer, or convey this order, or any monies due or to become due hercwdon without the prior written consent of the *met pang. 10. TITLE. The Seller waarmm had. Of. and unrestricted fide 1a due Purchaser for all equip—, mafmals, and items finial ad in perfirs— of this agreement. fox and clear of any and all liens, resrriamen, tamatuar s, security infest encumbrances aM claims o f others. 14. PATENTS. Whenever the Seller is required tp use any design, device, material or process cravereal by later, pa rink trademark r copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the one of such peened design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of well infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended sea of the goads, is in such suit held to comenote infringement and the ur of said equipment or pan is enjoined, the Seller shall, at its own expanse and at its option, either procure for she Purchaser the right to continue using said equipment or parts, replace the wane with •uknotio ally equal but rmninfnging equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall Income insolvent or bankrupt, make an assignment for the bereft of cradi on, appoint a receiver or tnstee for any of the Sellers property or business, this order may forthwith be canceled by the purchaser without liability. 16, GOVERNING LAW. The definitions ofterms and or the incorporation ofthe agreement and the rights of all panic hereunder shall be onsuued under and governed by the laws ofthe Same ofColoado, USA. The following Additional Conditions apply only in camc where the Seller is to perform work hereunder, including the service ofSali. Representative(,), era rho Premises ofothors. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully complaed and accepted, and shall, in case of any accident, detonation or injury to the work sn Vor materials before Sellers final completion and acceptance, complete the work of Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment me (umnshed by others for installation or erection by the Seller, the Seller shall receive, unload, state and handle same at the situ aad become responsible therefor as though such materials mi equipment were being furnished by the Seller under the order. 18. INSURANCE. no Seller shall, at his own expense, Provide for the payment of workers compere tsar, including compre aided dioase benefits, M is employers employed on or in comeaima with the work coverall by this purchase order. and/or to their dependents in accordance with the laws of the suite in which the work is M he done. The Sella shell also arty comprehensive general liability including, but not limited M, conlrxYual and aummerbile public liability insurance with bodily injury and death limits of at least $30 .Ip0 for any one person, $500,000 for any one trident and property damage limit per accident of $400,000. The Sella shall likewise require his ummdars, irony, to provide for such compensation and insurance. Before any arms Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fattish the Purchaser with a certificate that such compensation and imurrsom have been provided. Such anificata shall specify the &te when such mmpen,ation and insurance have bon provided. Such cenifcates shml sperify the date when such compensation mM insurance expion. The Seller agrees that such compesumion and imurmce shall be maintained writ after the entire work is campleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury, crony kind or nature whadmi to Persons or property aused by or insulting from the exception of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any r all of the Purchasers officers, ages¢ and employees from and against any and all claims, fusses, damages, charges or expenses, whether direct or indirect, and wheher to persons or property to which the Purchaser may he put or subject by renson of any are, wit=, neglect, omission or default on the pan of the Seller, any of his contaclors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bmught against the Punctuation, or its officers, agents or employees at any time an mauat or by reason of any tact, anion, negkcl, omission in default of the Seller of my of his complains or any of its or their oficcrs, agents in employers as abnormal, the Sella hereby agree to assume the defense lhermf and to defend the same at the Sellers own expouni to pay any and all costs, changes, worms, foes and other expenses, any and all judgments that may be incurred by or obtained against the Pumhoder many of its or their officers, agents or employees in such suits or other proceedings, and in case judgment m other lien be placed upon or obtained against the properly of the Pachuca, or said parties in or as a result of w'h swim or other proceedings, the Seller will at on« cause the same to be dissolved and discharged by giving bond ar otherwise. The Seller and his contractors shall take all safety precautions, furnish and unroll all guards noaary for the prevention of accidents, comply with all laws and regulations with legend to safety including, but without limitation, the Occupational Safety and Health An of 1970 aM all rules and regulations issued personal theater. Roma d 07n014