HomeMy WebLinkAbout549130 AFFION PUBLIC - PURCHASE ORDER - 9147582PO
PURCHASE ORDER 914758er Page
C117/ of PURCHASE
9147582 1 or z
' `t Collins
lins This number must appear
V ` �7 on all invoices, packing
�sllps and labels.
Date: 12/23/2014
Vendor: 549130
AFFION PUBLIC
2120 MARKET ST SUITE 100
CAMP HILL PA 17011
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1 ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 12/23/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 SSA Service Area Director Recr
uitment
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 LS
23,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
er Terms and Conditions Page 2 Of 2
I. COMMERCIALDETAILS.
Tax aemptions. By same the City of Fan Collin is exempt from state and local town. Can Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry W6000587 u registered with the Collator of
Failure ofthe Purchaser to main upon sfct perfomame of flit firms and conditions hereof, failure or delay to
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Samtn 1973, Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the mceplance of., payment for good hereunder, or approval offd design, shall nor release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meets a fica ands. either when shipped or due to defects of
any of the wanaatin or obligations of this purchase order and shall not be loured a waiver of any right of the
damage in transit, may be reamed to ywa far credal and arc not to be replaced except upon receipt of written
Pumhaser to mist upon smct performance hereof or my of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am] modification or rescission of this purchaw mala by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
broad,
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result m
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City Of Fon Collins. Houser, it is Is, be understood that FINAL
Seller and the Purchaser neoprene Out in actual economic practice, moccum,es resulting from antitrust
m ACCEPTANCE isdep identupit mpletionofall applicablerequited inpectumpamahms.
violations ran in fact home by the parcer hos.Theautoforeogood cause and as consideration for executing this
purchase order, the Sella hereby assign a the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most had F.O.D., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquird under fderal or state samurai laws for such overcharge calving to the particular goods in services
otherwise specified an this Order. If peomission is given to prepay (reign and charge separately the onufal freight
purchased or acquired by the Purchaser parsuan, to this purchaw noun.
bill most accompany measure. Additional changes for packing will not be accepted.
13. PURCHASERS PERFORMANCE OFSELLERS OBLIGATIONS.
Distance.Whatmanufacturers have various pars the country,shipment i5
Seller mlerrcetnar<ardicategor defMivegoods byadate to coegrcedupon by the
Purchaser er
tioctiu,ingpointss
de
expected from the nmtnt distribution point to datimtion, and excess bright will be deducted from Invoice when
Purchaser the Seller, indicate its nowary or wwillio anto comply, the Purhaser
end the Seller, and me Sellerthereafterthe
shipment
shipments are made from geamr distance.
may new the work to be performed by the most expeJitiet mean available to it, and the Seller shall pay all
mco mass it,
calls associated with such work.
Permits. Seller shah procure at sellers ands cost all necessary permits, renifimtn and licenses required by ell
applicable laws, angel i ordinances and macs slate, municipality, territory subdivision when
m politicaltione
The Seller shall release the Purchaser and its contractors of any tiff from all liability and claims of any ware
lythe
r re public authority ha th
the work is performed, ass requited by any ether dolt'
it wa sdidion over the work
resulting from the performance of such work.
ce of
Ponsri plea
and
vendor. Seller further agrees to hold the City of Pon Collins harmless from end against all liability and ton
incurred reed than by mason of an nssened or established violation of any such laws, egulatiot, oNhance, rules
in
This shall apply even in the event fault of negligence of the party released and shall extend to the
and requirements.
re
aireaon, otlicers awe employees aranm parry.
ns..1 ry
Anthmiratioa. All parties to this carton, agree that the ra,mustatives are, in fat, bum fide and possess full and
complete authority t, bind said panin.
LIMITATION OF TERMS. This Pushes, Order expressly limits acceptance to the it. end mnditiom sated
herein der forth and my supplemmtary ar additional terms and condmot atmewd hereto or incorporated herein by
reference. Any additional or different terms and conditions proposal by seller ao objected to and hereby jxtd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dote as noted. Time is of the conam. Delivery sad performance ..at be effected within the time
scold on the patches. coder and the documents Winched hereto No acts Of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the ,,at of any delay,
the Purchaser shall have, in militiaman other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damage. However, the Seller shall not ho liable for damages a a result of delays
due to causes nut reasonably foresaable which are beyond its reasonable contol and without its fault ofnegligence,
such oas of God, ace ofcivil or military authodtics, gove .] prionnes, fires, strikes, Hood, epidemics, wars or
Mors provided that notice of the cndiddm causing such delay is given to the Purebner within five (5) days of the
time when the Seller fast caccved ksww ri thereof In the event of my such delay, the date of delivery shall be
extended for are proud equal to the time family lost by traent ofthe delay.
3. WARRANTY.
The Sella warrants that all good, articles, m adiduals and work covertd by this order will mnf urn with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of cart and competence in accordance with accepted standard for work of a
similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach orientation,
arnty. The Seller shall replace, repair or make
good, witbom cost to the purchaser, any dofcts or faults amusing within one (I) year or within such longer period of
time as may be prescribed by law or by the it. of my applicable warmly provided by the Seller her the date Of
acceptance of the good famished hereunder (mceptmce not to be umeammbly delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or sew of good by the Pumhawr shall not
cons,itute is wailer of any claim under this warny. Except as otherwise provided in Nis P.M. order. the Sellers
liability hereunder shall extend to all damage proximately caused by the breach of any of the foregoing warranties
or gtuurcon,, but such Iiabiliry shall in no an include has ofMfia or loss of sew. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Fuchaee may make changes to legal mama by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tears, other than legal terms, including Wditions to or deletions from
the quantities originally ordered in the specification or drawings, by verbal or written change Order. If any such
change affects the amount due or the time ofperformonce hereunder, an equitable adjustment shall be made.
6.TERMINATIONS.
The Fortuna may at any time by written change aide', terminate this agreement as to any or all pvrtint of the
good then not shipped, subject to any equitable adjntment benvem me parties as to any work or materials then in
progscss pmvided that the Purchaser shall not the liable for any claims for anticipated profits on the uncompleted
portion of the gcands and/or work, for incidaal or cormalmmfl damage, and that no such djuammt I<mnde in
favor of the Seller with respect to my good which art the Sellers sondaN stock. No such termination shall relieve
the Purchase or the Seller afany often obligations as many good delivered Immunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim far adjntmen, mat be acsened within thirty (30) days from the dam the change or termination is
ordered.
S COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f mished in strict
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 effect or evidence compliance. All Taus and regulations required to be
incorporated in agreements of this character we hereby incorporated herein by this referene. The Seller agrees to
indemnify and hold the purchaser harmless from all cows and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assigq ratter, or matey this order, in my monies due or to Income due hereunder without der
prior wrine. maser of the other 'fir,
10. TITLE.
The Seller warants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clmr of any and ell lief, restrie iot, redrvatlot, se 1 command
encumbrances and claims ofofers.
The Sellers mmnctual obligation, including wananry, shall trot be deemed to be reduced, in any way, because
such work is performd or found to be performed byline Purchaser.
Ins. PATENTS.
Whenever the Sella is required muse any design, device, material or process croard by lens, patent, todematk
r copyright, the Seller shall indemnify and save M1mmless the purchaser from my and all claims for inGngement
by ran n of the rase of such patented design, device, material or process in connection with the contract, and
shall indemnify the Parchaser for my cost, expense or damage which it may be obliged to pay by reason of such
infnagernal at any time during the prosecution or alter the completion of the work. In caw said equipment, or
any pan thereof or the intended use of the geed, is in such suit held 1. constitute Infica,a ant and the an of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Pumhaser the right to continue using said equipment or pars, replace the same with substantially equal but
wainfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an assigvmcnt far the bend of credibn, appoint a
receive( or ,rate, far any of the Sellers property m baiass, this what tray forthwith be carratal by the
Purchaser without liability.
16. GOVERNING LAW.
The definiriot of terns used in the inerptclation ofthe agreement and the rights ofall panic hereunder shah be
construed under and governed by the laws ofthe Sam of Colorado, USA.
The following Additional Conditions apply only in cans where the Seller is to perform work hereunder,
including the services of Sellers Repre ommanD), on the pmmisn of others
It. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers awn risk until the same is illy completed and incepted, and shall,
n can of my accident, destruction in injury to the work and/or materials Est Sellers final completion and
accepmme, complete the weak at Sellers own expene ma m the sarisfintion of the Permhzser. When mdwm2IS
and eliminated art fmished by others for installation or erection by the Sella, the Sella shall receive, umoad,
more wed handle same at the site and became responsible fttefn as though such materials acWon equipment
were being fumishal by the Seller coder the oNer.
18. INSURANCE
The Sella shall, of his own expense, provide for the payment of workers compensation, including Occupational
Jfead benefis, to its employees employed an or in connection with the work covered by this purchase order,
gri to their dependents in mearkso a with the laws of the sure in which the work is to be done. The Seller
shall also entry comprehentive general liability including. but not limited to, contractual and automobile Public
liability insurance with bodily injury and deaf limits of a least $300,000 for any one person, S500,000 far any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for 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 Finish the Purchaser with a certificate
that such compensation and assurance have been provided. Such ca ficate shall specify the due when such
compensation and insurance have ban provided. Such emlficams mall specfy the date when such compensation
and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after the
entire wash is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire re5poedibiliy aria Nobility far any and all damage, loss or injury of any kind
or reture whaaoever to person or property Hood by or resulting fmm the execution offy, work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hasonless the Purchaser ad my
r all of the Purchasers officers, agents and employees from ad against any and all claims, losses, damages,
charges or expenses, whether direr or indirect and whether to persons or property to which the Purchaser may
be put or subjet by reason of any act, action, neglect, omission or default on the pat of the Seller, my of his
contractors, or any of the Sellers or commaturs Nfiars, agents o employees. In case any it or after
proceedings shall be brought againt the Purchaser, or its officers, agents or employees at any time oa account or
by reason of any act, action, neglat, omission Or default of the Sella of my of his contactors or any of its or
their officers, agmb or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all tau, charges, attorneys fees and other expends,
any and all judgments fat may be incurred by or obtained again, the Purchaser or any of its or their miters,
agents or employees in such suits or other pmceedings, ma in case judgment or other Into be placed upon or
abained againt the propmy, Off, Prominent, or said parties m a, of a result of such suds or other proceedings,
fin Seller will at once caul the ono in be dissolved and discharged by giving hand or otherwise. The Seller fad
his contractors shall ate all safety prtcaudot, famish said hull all guard necessary for the foundation of
accidents, comply with all laws and regulations with regard to safety mclnding, but without limitauoa the
Ore rpatiooul Safety and Health Act of 1970 and all ale and regulations issued parsumt therein.
Revised 07,7014