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HomeMy WebLinkAbout495925 HAYS COMPANIES - PURCHASE ORDER - 9150007Fort Collins Date: 0110212015 Vendor: 495925 HAYS COMPANIES 1125 17TH ST, STE #1710 DENVER CO 80202 PURCHASE ORDER PO Number Page 9150007 1of2 This number must appear on all invoices, packing slips and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: WILSON, JILL 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. PER THE TERMS AND CONDITIONS OF CONTRACT 7279- Benefits Consultant. Line Description Quantity UOM Unit Price Extended Ordered Price 1 BENEFIT CONSULTANT SVCS. BLANKET PO FOR 2015 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 70,000.00 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 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 95-0,002. Federal Excise Tax Exemption Certificate of Registry 84-6000551 is registered with the Collector of Failure of the Purchaser to insist upon said performance of the terms and condition hereof, failure rr delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder Or approval oflhe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure a deer specifcatious, either whm shipped or due b defects of any of the warraatics or obligation of Nis purchax order and shall ad be cleaned is waiver of any right of tie damage in transit, may he nodded to you for credit and are not to be replaced except upon receipt of wrinen purchaser to hear upon strict performance Indicator my of iu rights or remedies as to my such goods, regardless inamadon fium the Ciry of r.. Collins. of whin shippnd, received or accepted, ss to my prior or subnemmr default hereunder, err dull my puryaded oral modification of rescission of Nis pmchssc order by the pare aser operate as a waiver of my of The terms Impaction. GOODS are subject to the City of Fort Collins inpatim on arrival, hereoE Final Accepmerce. Rddm of the merchandise, services ar c,d,ormm in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment no the pan of The City of Fort Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in .anal economic practice, overchargo resulting from aOil., ACCEPTANCE is dependent upon completion of all applicable mluired inspection procedures. violations are in fact bone by The Purchaser. Theretofore, for good cause and in consideration for executing This purchase order, the Seller hereby assipps to the Purchaar any and all claims it may now have ar haeafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Woad St., Fart Collins, CO 80522, seam. zequnal under federal or stale antitrust laws for such overchar in relining to The particular goods or services alhawise specified on This Order. If permission is given a prepay freight and'ns" semerged, the original freight pric hauN or acquired by the Pmchsser pursuant to this purchase order. bill must uc... invoice. Additional charges fin mckine will net he 'carried. Shipment Distance. Where mamfetums have distributing points in serious pans of the country, shipment is expected fmm the modest distribution point to destitution, and excess freight will be deducted f Invoice when shipments are made form greater disarm'. Pandits. Sella shall procure at sellers sole all all necessary, pmniu, certificates and hones required by all applicable laws, agulmion, ordinances and rules of The seam, municipality, territory or political subdivision where the work is performed, or required by any other duly contiated public authority having jurisdiction over the work of vendor. Seller further agrees m hold The City of Fan Collin hammlas fmm and against all liability and lass temudnd by Than by sawn of on asserted or established violators of my such Ism, mguladem, .rdiran es, mlcs and melodramas. AuNodianaon. All ponies to This contract agree That The repraccuriva arc, in fact, bona fide and possess full and complete.,badly to bind said panics. LIMITATION OF TERMS. This Purchsse Order expressly limits acceptance to The terns and conditions stated heroin set forth and any supplementary of additioal terms and conditions annexed hereto or incorporated herein by reference. Any additional or diffident toms and condition proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiamly if you cannot make complete shipment a arrive on your promised delivery date in noted. Time To of The eneee. Delivery and perf amence most be effected within the time anted m the purcham and r and The domardes couched hereon. No ens of Ne Purchasers including, wiNour limiumen, acceptance of pvtial late deliveries, shall climate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition a other legal and extendable remedies, the option ofplacing This order elsewhere and holding the Seller liable for damages. However, the 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 of negligence, such eels of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided hurt notice of The condition causing such delay is given be the Purchaser within five (5) days of the time when The Seller frsr received knowledge thereof. In the event of my such delay, the date of delivery shall be exdxa ed for the period equal to The tine actually lost by reason of The delay. 3. WARRANTY. The Seller women that all goods, articles, materials and work covered by this order will ronfom with applicable drawings, specification, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and concurrence in accordance with accepted standards for work of a similar name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair ar make good, without cast to the purchaser, my defects or faults arising within one (I) year or within such longer period of dime To may be prescribed by 1. a by the emu army applicable wamnty provided by the Seller after the done of acceptance of The goods homebred hemuvder (accepance rat to be dimensionality delayed), resulting from imperfect or defective work done or materials famished by the Seller. And recce or use of goods by the peculator shall rat cons[imte a word army claim under this mainly. Except in otherwise provided in this puabase order, the Seller Liability hereunder shall extend to all damages proximately caused by The breach of my of The foregoing warranties or gueranmes, but such liability shall is no event include Ins ofprof x or lass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser Tiny make changes to legal terns by written change Order. 5. CHANGES m COMMERCIAL TERMS, The Pardoner may make any charms to the emu, olber Than legal emu, including additimu an m dele iana fmm the quandifies onigi edly ordered in the specification or drawings, by verWl a wrinen change order. If my such change affects the amount due or The time of performance henmda, an equitable adjustment shall be made. 6. TERNUNATIONS. The Purchaser may at any time by written change order, terminate this agreement as To any or all potions of the gmds then not shipped, subject no any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchased shall not be, liable for my claims for anticipated pmfib on the uncompleted portion of the goods andlor work, for wcidmnl or consequential damages, and that an such shasmmt be made in favor of the Seller with raped m any goods which art the Sellers standard stock. No such tcmdnation shall relieve The purchaser ev the Seller army oftheb obligation in to any goods delivered hereunder. i. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants tbar all goads sold hereunda shall have been produced, sold, delivered and Industrial is strict compliance with all applicable laws and regulation to which the goods are mbjan. The Seller shall execute and deliver such democrats in may be required to effect or evidemx compliance. All lam and regulations mpo that to be incorporated in agreement of this chaaner am hereby imempoated herein by this refire The Sella -green a indemnify and hold Om porch-scr bamlesn finite an tests and damages suffered by The Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, rrarsfer, a cone, this order, or my monies due or to become doe hereunder without the prior wrinen consent of the office My. 10, TITLE. The Seller wea dia full, clear and anrestined title to the purchaser for all car opment, rmmumn, and items famished in pert of this agremmnt, Gee and clear of nay and all liens, restrictions, mservaThma, security imaat cncumbranco and claims ofmhcrs, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs The Sella to conrtd nonconforming of defensive goods by a date to be speed upon by the Pumhawr and The Seller, and The Seller Thereafter indicates its inability a unwillingness in comply, the Purchaser may cause the work to be performed by the most expedition means available to it, and the Seller shall pay all costs associated wan such work. The Seller shall release me Purchaser and its contractors of any tier from all liability and claims of my moue resulting from The performance of such work. This relent shall apply exec in the event of fault of negligence of the Party released and shall aided To the directors, oMeers and employees of such party. The Sellers contractual obligatom, including wmranty, shall Out be deemed to be reduced, in any way, because such work is paf car ed or caused to be performed by the Purchaser. 14. PATENTS. '- Whenever the Seller is cardinal to use any design, device, material or process covered by letter, patent, Trademark r copyright, the Seller shall indemnify and save harmless The Purchaser From any tad all claims for infringement by reason of the me of such patented design, device, material or process in connections with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged b pay by mason of such inGngement at my time during the prosammm or after the completion of The work. In cage said equipment, or any pan thereof or the intended use of the good. is in such suit held to coestiN4 infingement and don use of said Normal or pm To joined, the Sella shall, car its own aponse end at its option, eiher pmcum far the Purchaser The right to continue using said equipmant or erns, replace the same with substantially octal but n ninfringing equipmem, or modify it so it becomes noninfringing. IS INSOLVENCY. If The Sella shall become insolvent or haddept, make an assignment for The benefit of creditors, appoint a receiver or trustee LOTmy of The Sellers properly Or business, This order may f rthwiN be canceled by The purchaser wiNom liability. I& GOVERNING LAW. The definitions of corms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be conned under and governed by The lawn of The State ofC loado, USA. The following Additional Conditions apply only in cases whore the Sella is to perform work hereunder, including the services of Sellers Repamem ivHs), on The Premises Ofimen, IT. SELLERS RESPONSIBILITY. The Seller shall on, on said work in Sellers awn nick mtil the same u fully completed and smarrrd, and shall, To case of my accident, dotrucm. or injury en the weak and/or materials before Sellers fail omplaim and acceptance, complete the work at Seller's own expense and b the satisfaction of the Pmchaner. Whrn maedials and rydipmem tar fumixhnd by others for inuhation or crectiaa by the Seller, The Seller shall radve, unload, store and handle derm at the site and became responsible Therefor ss though such materials mNof exploited were being famished by the Seller under the order. I S. 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 connecfion with the work covered by this purchase order, andtOr to their dependents in accordance with the laws of the sum in which the work is to be done. The Sella shall alw cent' comprehend, geoeal liability ideading but Out limited To. connactml and nutorrwbile public liability insurance with bodily injury and death limits of at least S300,000 on, any me prawn, 55W,0oo fin any exaaccident and property damage limit Lice accident of S40opo0. The Seller shall likewise reclaim his mactms, if my, t0 provide for such compensation and insurance. Before any of The Sellers or his mndactom employees shall do any wort: upon The premixes of others, The Seller shall fumbh The Perchance with a certificate that such compensation and issuance have been provided. Such cenifcato shall specify Lou date when such compensation and insurance have been provided. Such cenificates shall specify The dale when such compensation and insurance expires. The Sella agrees That such compeawtion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes The otire msponibiliry and liability for any ead all damage, loss a injury of my kith onmart whatwever to person or property, caused by or resulting fmm The execution ofthe work provided fd in this purchase order or in connection herewith. The Seller will indemnify and hold harmless The Purchaser and my r all of The Purchasers officers, agents end employees from and against any and all claims, lasso, damages, charges or expenses, whether direct or indirect, and whether To person or property m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pot of the Seller, any Of his co admom, or any of the Sellers or contactors officers, agents or employees. In cane my suit or other proceedings shall be brought against the Purchaser, or its officers, agees or employees at my time on murder or by team. of any rat, radon, neglect, omission or defade of The Seller of my of his contractors or my of its or Theh officers, agents or employees as aforesaid, the Sella hereby agrees to aaaurne don defense thereof snd m defead the same at the Sellers nun expeac, m Pay any and all crab, charge., moor aeys fees aM ndmr expenses, my and all judgments That may bar incarmd by m slummed against elm Purchaser or my of its or their officers, agents or employer in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property ofthe Purchaser, or said parties in or To a result of such suits or other proceedings, the Seller will to once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, f rmish and imall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Harriman, the Occupational Safety sort Health Act of 1970 end all roles and regulation issued punuant Thereto. Revised WaOL4