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HomeMy WebLinkAbout519435 PERSONNEL DECISIONS INTERNATIONAL CORP - PURCHASE ORDER - 9132501 (2)PO PURCHASE ORDER 9132501 Page CC117f of PURCHASE 501 ' of z `t Collins( This number must appear �•I on all invoices, packing �slips and labels. Date: 11/28/2014 Vendor: 519435 PERSONNEL DECISIONS INTERNATIONAL CORP 33 S SIXTH ST SUITE 4900 MINNEAPOLIS MN 55402 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 05/15/2013 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Addendum 2 Additional Funds 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 21,000.00 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 L COMMERCIALDETA1LS. Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6bull is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to =or specifications, either when shipped or due to defecm of damage in mensit, may be retuned m you for credit and are not to be replaced except upon receipt of ..on instructions from the City of Fort Collins. Inspection. GOODS are subject b the City of Fort Collins inspection on action). Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can result in ammmaed payment on the put of the City of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection prwedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this nNer. II'p .,,,,.a is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When. ..at.,. have distributing points in various parts of the country, shipment is expected from the nearest distribution point ro dominance, and excess freight will ho, deducted from Invoice when shipments are made form grata distance. Permits. Sella shall procure a1 sellers to at all mresary parries. cenificares ud licemm required by all applicable laws, regulations, ordinances and toles of the state, municipality, mot nary or political subdivision where the work is perfomred, or required by any offer duly consumed public authority havingjurisdicrion over the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless form and against all liability and loss intoned by When by reason or,,. toscred or established violation of any such laws, cllidedons, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives we, in fact, bona fide and possess PoII and complete authority to bind said parties. LIMITATION OF TERMS. This Franchise Order expassly limits acceptance to the terms and conditions slated herein set forth and any supplementary or Wdivanal terms and conditions annexed harem or incorporated herein by reformer. Any addiuoml we di@rem it. and exuditiom proposed by seller are nbjated to wand hereby jated. 2. DELPVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complere shipment ha move on your promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitmion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony 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, the Seller shall tut be liable for damages to a result of delays due 10 causes not reasonably foreseeable which are beyond is reasonable control red without is fault i f negligmce, such acts of God. on. of civil or military muthonues, xwemmeual priorities, fires, strikes, Hood, epidemics, was or mom provided that notice of the conditions aame, such delay is given to the Purchaser within rive (5) days of the time when the Seller Bm received knowledge florist 1. the avem of any such delay, the data of delivery shall be ex1eW W for the penal tyre) to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, arid., materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in recardmee with accepted standards far work of a imilar nature. The Seller agrees to hold the pamhaur bufmless from any lass, damage or expense which the Pumhsxr may sufferer incur on acwmt ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the purcleamea my defers or finals aching within one (1) year or within such longer permed of lime us may be prescribed by law or by the to. of my applicable wai posided by the Sell. after the date of maptance of the goods famished hart nder (acceptance out m be rably delayed), resulting firm ienperfnd an defective work done or materials furnished by the Sella. Acceptance or sett of goods by the Purchaser shall not continue a waiver afany claim men this womanty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmantem, but such liability shall in no evml include loss of profss or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Pumbec r may make changes in legal toms by women change order 5. CHANGES IN COMMERCIAL TERMS. TM Purchaser may make my changes to me coma, War Nan legal tears, including mdddiom to or dcleuore fore the consumes originally ordered in the spaifocatiou or drawing, by verbal or wrinen change order. If my such change affects the amount due or ate time ofpeeforoanee hereunder, an equitable ndjumrenl shall be made. 6. TERMINATIONS. The Purchaser may at any time by wri"m change order terminate this agreement as to any ar all porlions of the goods then not shipped, subject to any equitable adjustment between the Parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such Wjustmem be made in favor of the Sella with respect o any goods which are the Sellers stamard stark. No such termination shall relieve the Purchaser of the Sella of., of their obligations as m my goods delivered hcreumer. i. CLAIMS FOR ADJUSTMENT. Any claim for adjmunmt most be asserted within thins (30) days even the date the change or termination is ordered. 8. COMPLIANCE WIl'H LAW. The Seller wamnts that all goads sold hereunder shall have been produced, sold, delivered and finished in inner compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to elect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incoryomted herein by this reference. The Sella agrees to indemnify and hold the Purehuer harmless Room all events and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, transfer, or convey this under, or my monies due or to become due hereunder without the Prior wrium common efhe otherpary. 10. TITLE. The Seller warrens full, clear and unresocmd 60e to the Purchaser for all equipment, materials, and items f Ished in performance of this agreement, free and clear of any and all liens, restrictions, mammationa, security interest moumbmncm and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance ofthe It. end conditions bsteof, failure or delay m asomisany rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, e the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the waranties or obligations of this Purchase order and shall not be dremed a waiver of my eight of the purchaser to insist upon strict performnce hereof or my of its rights or remedies as to my such goods, regardless of ohm shipped, received or accepted, as as my prior or subaequmt default hereunder, nor shall my pusparted oral modification or rescission of this purchase order by the Perchaee operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puchaser mogniu that in normal economic practice, overchmges resulting from antitrust violations are in fact barer by the Purchaxr. Theretofore, f good cater and as consideration far executing this purchase order, the Sella hereby assign 10 the Purchaser any am all claims it may now have ar her of a acquired under federal or state antitrust laws for such overcharges rel Ling to the particular goods or services purchased or acquired by the Purchaser pursuant to this p rmhau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dines the Seller to caned nonconforming or defective goods by a date an he agreed upon by the Purolator, and the Seller, and the Seller thereafter indicates its inability or unwillingness no comply, elm Purchaser may rouse the work to be pert ed by the most expeditious means available m it, and the Seller shall Pay all costs associated with such were, no Seller shall relcau the Purchases and its contractors of any tier form all liability and claims of any incur resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, effoers and employees of such party. The Stiles comeactud obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed of caused m be perforated by the Purchaer. 14. PATENTS. Wherever the Sella is required to use, any design, device, material or process mveml by loner, Wtem, vademarR or copyright, the Sella shall indemnify and save hmmisss the Purehaur from my and all claims for infringement by reason of ffe use of such pmmted design, device, mammal or process in commotion with the contract, and shall indemnify the Pmchuer far any cost, expense or damage which it may be obliged he pay by mason of such infnngement 91 any time during the prosecution or after the completion of the wo& lu case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the night to continue using said equipment or parts, replace the same with substantially equal but narrational equipment, or mWiry it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become inmohent or bmkom, make an compound for the benefit of creditors, appoint a recreiver or unstee for my of hire Sellers; pagvity or business, this order may foMrviff be canceled by the Purchases nemout liability. 16, GOVERNING LAW. The definitions oftemts used or the emotionalism ofthe agreement and the rights of all panics hereunder shall be consuued under and gavemed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprerentative(s), on the premises ofolbers. Il. SELLERS RESPONSIBILITY. The Sella shall carryon said work at Sellers own risk mast the same 6 fully completed and accephed and shall in cue of any accident, destruction or injury m the work tamper mmma6 before Sellers final completion end to cepance, complete the work in Sellers own expense and 10 the mtisfaclian of the Purchaser. When maerials and equipment aft f (shed by others for installation or enamor by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or rempment were being fumished by the Sella under the order. 18. INSURANCE. The Sella 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 coder, aradmr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited in. contactual and automobile public liability macrame with bodily injury and drath limits of at lest 5300,000 for any one person, $500,000 for any car occident and property, damage limit per accident of "100,0110. The Sella shall likewise require his conlm mue Harry, to provide for such compensation and mommce. Before my of the Sellers or his contromars employees shall do any work upon the promises 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 who such om,awmian sad insurance have been provided. Such conifemen shall specify the date when such compensntio. and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the more responsibility and liability for my and all damage, loss we injury of my kind in velum whosoever as parsons or popery rammed by or resulting fore the execution ifibe work provided for to Nis pur.hau order or in convention herewith. The Seller will imemaify and hold harmless the Purchaser and any r all of do Purchasers oMo., spots and employees from end against my and all claims, lass, damages, charges or expenses, whether direct or initial, and whether to prrsom or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pm of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents Or employee, In mse any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at my time on account or by reamar of any act, action, neglect, omission or default of the Seller of my of his ex ntractoors or my of its or their oMet., agents or employers as aforeaid, the Seller hereby agrees no assume the defense thereof and m defend the same. the Sellers own expense, an pay my and all corm, changes, immirmys fees and nNer expenses, my am all jmgromm that may be incurred by or obsived agaireat the Purchaser or my of its or their officers, agents or employees in such suit or other proceedings, am in ease judgment or other lien be placed upon or obained against the property of the Pandora, or said Tactics in or as a result fsuch smm car other proceedings, des Sella will at once muse Be, more to be dissolved and discharged by giving bond or otherwise. The Sella and his co.i.e. shall take all safety precautions, fiunish and imall all guards naessmy for the provenuen of accident, comply wiff all laws road regulations with regard to mfary including, but wiffout limitation, the thmpational Safety and Health Act of 1970 and all mles and opticians issued pursuant ther.o. Revised 0712014