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HomeMy WebLinkAbout541166 REVOLUTION ADVISORS LLC - PURCHASE ORDER - 9145563PO PURCHASE ORDER 914556er Page C117f of PURCHASE 45563 + of z ' `t Collins/ hisnumbermustappear V ` �7 on all invoices, packing sli s and labels. Date: 11/26/2014 Vendor: 541166 Ship To: HUMAN RESOURCES REVOLUTION ADVISORS LLC CITY OF FORT COLLINS 10170 CHURCH RANCH WAY SUITE 100 215 N MASON, 2ND FLOOR WESTMINSTER CO 80021 FORT COLLINS CO 80524-4408 Delivery Date: 09/24/2014 Buyer: WILSON, JILL Note: In accordance to bid 7642 analysis, performance, and learning competency assessment Agreement. Line Description Quantity Ordered UOM Unit Price Extended Price 2 Addendum 1 add funds 1 LOT EA 50,000.00 Addl' study and implementation City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m 11=.. �.$.YrxrIrIrxH1] 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 Fors Collins is exempt Imm state end local mxes. Our Exemption Number is 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Cemificare of Registry 84-6000587 is regumo d with the Collector of Failure of the Purchaser to insist upon shirt perfomtantt of the terms and mMitions hereof, failure or delay to Internal Revenue. Deaver, Colorado (Ref Colorado Revised Samees 1903, Chapter 39-26, 114 (a). aercim any rights or remedies provided herein or by law, failure to promptly notify the, Seller in the event of a breach, the acceptance arm payment fro goods herewder or momval ofthe design shall not release the Seller of Goods Rejected. GOODS REJECTED due or failure W .,is specifications, either whin shipped or due W defects of any of the warnmias or obligations of this purchase oaker rod shall rot be dinned is waiver of my right of the damage in prompt. may be moment to you for credit and are not to he replaced except upon receipt of wriaen Purchaser W insist upon strict Furthermore hermfm any of its rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of whin shipped, received or aenriaL as to any prim or subsequent default hereunder, roc shall any purported coal modification in rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection GOODS are subject o the City of Fan Collins inspection on vrixzl. baruf. Final Acceptance. Receipt of the merchandise, services or equipment in respome to this order inn result in 12. ASSIGNIs4ENT OF ANTITRUST CLAIMS. turbanned payment on the pan of the City of Fan Collins. However, it is to be understood Nat FINAL Seller and the Purchaser recognize that in actual economic practice, nvemges harreaching from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact barns, by the Purchmer. Theretofrrefagood cause and as consideamen for exerting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hreafter Freight Terms. Shipments most be F.O.B., City of Fort Cultures, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state wtitmst laws for such overcharges relating W the Ion udar good or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pco mil Ins this purchase order. bill must accotnumry invoice, Additional charees for oackina will not be accented. Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is expected from the nearest distribution point to destairioq and excess freight will be deducted from Invoice when shipments me maJe from greater distance. rumors. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, o din arms and roles of the state, municipalily, human, or political subdivision where the work is perforated, or required by any ocher duly confirmed n public authority having jurisdiction over the work of vendor. Seller fuller agrees W hold the City of From Collins harmless firm and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles that requirements. Authentication. All parties W this contract agree that the representatives are, in fact, data fide and possess full and complae .,booty to bird said parti, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Wiens and cons itimes social herein sct forth and any supplm<ntary or addimand leans and mMi miss annexed hereto or inco l stated hesum by reference. Any nddilio=I at different terms aced rndidans pmposW by seller are objected to and herby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essmce. Delivery and Performance must ha effected within the time stated on the purchase order and the documents married hereto. No acts of the Purchasers including, without limitation, acceptance of pnnial late delivenes, shall operate as a waiver ofthis provision. In the event ofany 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 damages. However, are 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 ofnegligence, such ads ofGoJ, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchmer within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the dam of delivery shall he 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 this order will confoma with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with me highest degree of can and competence in accordance with accepted standard for work of a roil., nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account critic Sellers breach of wamnty. The Sella shall replace, repair or make good, without cast to the purchaser, any defects or Saudis arising within one (1) year or within such longer period of time as may be prtscrilral by law or by the reerns of any applicable womanly provided by the Sella after the date of acceptance, of the good furnished hereunder f scurporre not to be communicably delayed), resulting from impecl t or defective work done or mammals famished by the Seller. Acceptance or rase of good by the Purchaser shall not continue a waiver of my claim underthis warranty. Except as otherwise provided in this purchase ou a. the Sellers liability bereundder shall extend to all damages proximately coned by the beach of my of the foregoing semantics or gu.an., but such liability shall in no event mcluie lass of profits or loss of rue NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by wham change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasran may make y changes to the menu, other than legal items, including additions to tar delelicas fin. the quantities 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 written change oHeg laminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be, liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect to any grad which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as many good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for ndjmtmcnt most b, assumed within thirty (30) days from the dam the change or miniration is oakered. 8. COMPLIANCE WITH LAW. The Seller warrants mal all good sold hereunder shall have been produced, sold, delivered and nourished in strict compliance with all applicable laws all regulation to which the goods see subject. The Seller shall execum and delivar such dOvvrcnls as may be required to effect or evidence compliance. All fans and regulations inquired to ha incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees W indemnify and hold the Purchaser harmless from all rots and damages suffered by me Purchaser as a result of me Sellers failure W comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the timer parry. 10. TITLE. The Seller wrommes full, clear and unrestricted tide to the Iswel sser for all equipment, mammals, and items furbished in performance of this agroemenq fix and clear of any and all liens, restrictions, reservations, security interest ancumMances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Sella to co mast nomearfuni ing or defective goods by a date Ih be agreed uWn by the Purchaser and the SCIICr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most Expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall rele ve the Purchaser and its contractors of any tier Imm all liability and claims of my =lure resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party relensed all shall extend W the directors, M. and employees of such Patty. The Sellers contractual obligations, including acrimony, shall not be deemed to be reduced, in any way, because such work is performed ar caused to be, performed by the purchaser. 14. PATENTS. Whenever the Seller n required to use any design, device, material or process covered by letter, patent, trademark or copyright, rise Seller shall indemnify and save Insurers the Purchaser from 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 the Purchaser for any cast, expcnu or damage which it may Ise obliged W pay by reason of such infringement at any time during the provocation or after the completion of the we&. In case said Equipment, or any pan thereof to the intended use of the goods, is in such suit held to constitute infHngement and the use of said equipment or pan is rnpired, the Seller shall, At its own expense and at its option, either museum for the Purchaser rise fight to continue using said equipment or part, replace the same with substantially equal but nonlnGr-raging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a or caste. for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions hfit. rued or the interpretation ofthe egreemer and the rights ofall parties hereunder shall be combined tinder all governed by the laws ofmc Some ofCol.d., USA. The following Additional Candidate; apply only in cases where me Seller is W pert work hereunder, including theservicesof Sellm Representative(s), onthe premises o cola.. 17. SELLERS RESPONSIBILITY. The Seller shall carry ou said work at Sellers own risk ..it the sane is fully completed and accapted anal shall, in ass, of any accident, destruction or injury to the work andor materials before Sellers li=I completion and acceptance complete the work at Selles awn expense and W the surisfaction of the Ptuchaur. When materials and equipment are fiunuhed by others far installation or erection by dre Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andor equipment were being fitmished "a Seller under the maker. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational disease benefice, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the some in which the work is W be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hastily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage Fact Per accident of $400,0001 The Seller shall likewise require his c contractors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser 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 die when such ampensatian and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the ere work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby com men the entire responsibility and liability for my and all damage, loss or injury ofany kind or =cure whatsoever to persons or property caused by or resulting tram the exertion of the work provided for in this purchase order or in commit. herewith. The Seller will iMemrufy and hold armless the Purchaser and any cr all of the Purchasers officers. agents and employees bearand against any and all claims, Imve, dmages. harges or expenses, whethor direct or indirect, and whether W persons as property W which the Purchaser may be pm or subject by raven of my act, smash. rather, omission m default can the part of the Seller, very of his rontrators, or any of me Sellers or contractors officers, agents or employees. In ass, any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees al any time on account or by rasm of my set anon neglect, omission or default of the Seller of my of his mntredors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defame thaxf and W defend the same at me Sellers own expense, to pay any and all cons, charges, attorneys fees and o%er expenses, any and all judgments that may be incurred by or obtained against the Purchaser many 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 fe property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oherar se. The Seller and his conmctom shall take all safety precautions, famish and install all guard nocessary for the prevention of accidents, comply with all laws and regulators with regard to safety including, but wihout limitation, the Occupational Safety and Health Act of 1990 and all rules and regulations issued pursuant thereto. Revised 07/2014