HomeMy WebLinkAbout320577 INNOVEST PORTFOLIO SOLUTIONS LLC - PURCHASE ORDER - 9150267PO
PURCHASE ORDER 915026er Page
City of PURCHASE
9150267 t of z
Flirt Collins
lints This number must appear
!\,/`I ` V ` 1 1 on all invoices, packing
�slips and labels.
Date: 01/13/2015
Vendor: 320577
INNOVEST PORTFOLIO SOLUTIONS LLC
4643 S ULSTER ST, STE 1040
DENVER CO 80237
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 01/13/2015 Buyer: WILSON, JILL
Note: PO is subject to the terms and conditions of contract 7401 - PFA Pension Consultant & Co -Fiduciary.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1st Qtr Billing Consulting Fee 1 LOT LS 9,875.00
Dated January 2, 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
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 Fort Collins is exempt from state and local taxes. Our Exemption Number is
98 01502. Federal Elsa. Tax Exemption Clothing, of Registry 84-60W567 is registered with the C.R.I., of
Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REIECfEDdue to headman meet specifications.either what shipped .,due to def kof
damage in mail, may b, resumed m you for credit and are anal to be replaaJ except upon receipt of women
instructions from the City of Fan Collins.
Inpetion. GOODS ate subject to the City of Fort Collin irspecton on arrival.
Final Acceptance. Receipt of the merchandise, seoicee or equipment in losportu to this order can mull in
authorized payment on the ,an of the City of Fort Collins. However, it is to be, understood shot FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tens. Shipments must be F.O.U., City of Fort Collins, 90) Wood St., Few Collins, CO 8D522, unless
otherwise sped fed on this order. If permission is given m prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for poking will not be accepted.
Shipment Dismme. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
11. NON WAIVER.
Failure of the to insi pare sser insist mend ermmas n sage, pfoa ce of the teand condition hereof, failure or delay to
any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of.
breach, the acceptance ofor payment fro gook hereunder or approval of the design, sloe not release the Seller of
any of the wamnties or obligations of this ptuchxu oMe, rod shall not be domed a waiver of any right of the
pmelsona b insist upon widel performance hemafor any of its rights or remedies as m any such goods, regardless
of what shipped, receked or occupied, as many prim or subsequent default hereunder, nor shall any pmponed
oral modification or rescission of this pmrchase oNer by the Practical operate as a waiver of any of the terms
lancer.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in actual a omie practice, overcharges resulting fmm antitmst
re violations ain fact home by few Paschal Theretofore.for good cause and as consideration for executing this
purchase Orden be Seller hereby assigns to the Purchaser any and all claims n may now have or hereafter
acquired under federal or state antitma lawn for such overcharges relating to the paniculm goods or services
purchased or acquired by the Purchaser pursuanr to this purchase order.
13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS.
If the Purchaser door¢ the Seller to arren nonwnfarm., car defective goods by a dale to be metal upon by the
Purchases and the Seller, and the Seller threaher indicates its Inability or unwil lingness to comply, the Purchaser
tnny come the work to be performed by the must apsublow, means u,.liable to it, and the Seller shall pay all
casts associated with such work.
Permits. Seller shall prows al sellers sole cast all no rawly permits, carefiaates and license required by all
applicable laws, regulations, columnist and roles of the state, municipality, territory or polilical subdivision where
the work is performed, or required by any Oder duly contimred public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by risen of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authorization. All panics to this contract agree that the represmtativa ale, in fact, bona fide and possess full and
nmplau.,badly m bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptane to the terms and conditions staled
herein set forth and any implication, or additional terms and conditions wend hereto or incorporated herein by
reference. Any additional or different terms real conditions proposed by seller am objected to aM hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery dale as noted. Time is of the essence. Delivery and performance must be effected within be time
statW an the purchase order and the documents attached harem. No acts of the Purchasers including, without
limitation, acceptance of partial [me deliveries, shall operate as a waiver of this prevision. In be event of any delay,
the Purchases- shall have, in addition to other legal and equiable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not mmnably foreseeable which am beyond its reasonable control and without its fault of negligence,
such acts of God, re¢ of civil or military authoehies, govemmenml priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the
lime when the Seller Rod received knowledge thereof. In the event of any such delay, the date of delivery shall to
extended for the period regard to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confon with applicable
drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless boom any loss, damage or expenm which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising wagon one (1) year or within such longer period of
time as may be preacdlxd by law or by the terms of any applicable warranty provided by the Seller after the data of
acceptance of the good famished hereunder (acceptance nor to be umeambably delayed), resulting from imperial
or defective work done or materials famished by the Seller. Acceptance or use of goods by the P achuer shall not
constitute a waiver of any claim under this wxdwwdy. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing wamm.e,
or guarantees, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The PoreM1aser may make change to legal mans by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purehasa may make any changes to the terms, other than legal terms, including additions to or datelines firma
the quantities originally ordered in me speculators or showings. by vehnl or women change oNv. If any such
change affects the mount due or the time ofperformanceh and , as equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wi men change arda, terminate this agreement as to any or all poriom of the
goods then not shipped, subject many equitable adjustment between fie parties as to any work or mammals fen in
progress provided that the Purcbnur shall not be, liable for any claims for anticipated profits on the uncompleted
portion of the goods andor work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller web respect to :my good which are the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller crony of their obligations as to any goads delivered hereunder.
). CLAIMS FOR ADIUSTMEN'I.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or mnninmion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and fumkhed 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 b, required to effector evidence compliance. All laws and regulations required m be
mempomred in agrecmenm of this chowder are hereby incorporated bend. by this ref ounce. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by be Purchaser n a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, uanfer, one convey this order, or any mania due m to become due hereunder without the
prior wrinev consort ofrbe other Party.
10. TITLE.
The Sella womnts full, clear and plummeted title 0 be Purchaser for all equipment, materials, era items fumkhed
in performance, of this agreement, free and clear of any and all lien, restrictions, reservations, saunty interest
rncumb.m abd claims refers.
The Seller shall release the Purchaser and its comments of any tier from all liability and claims of any nature
resulting fmm the performance of such work.
This release shall apply even in the went of fault of negligence of the p try released and shall extend to the
directors, oftgcas and employees ofiech pray.
The Sellers comrutual obligation, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14, PATENTS.
Whenever the Seller is rammed to use any design. device, mammal or process coveted by law, pr.t, trademark
or copyright, the Seller shall indemnify and save harmless the purchaser frown any and all claims for infringement
by rmson of the use of such Potential design. devica, normal or process in ...action with the commd, and
shall indemnify the Purchaser (m any crst, expense or damage which it may be obliged b pay by reason of such
infringement at any time dumvg the pmsa awn or a0er the completion of the work. In case said equipmmt or
any new Ihamf or the divided use of be goads, k in such suit held to consulate taftim emem and the use of
said aquipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right b .nrinue coxing said yuipmrnt or pans, replace be same with s boduce silty equal bur
noninfringing aluipmatt, or modify it. it bccomas noninfringing.
15. INSOLVENCY.
If the Seller shall baonte insolvent or baNmpL make an assignment for the benefit of creditors, madam a
receiver or trustee for any of the Sellers property or business, this coder may forthwith be canceled by the
Purchaser evithom liability.
16, GOVERNING LAW.
The definitions ofit., used or the Inmrmloatian afthe agreement and the rights of all parties hereunder shall be
consimed ander and govemed by the laws ortha State of Colorado, USA.
The following Additional Conditions apply only in taus where the Seller is to perform work hereunder,
including be urrices of Sallms Represenmtive(s), an the premises wfothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the come is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work candor materials before Sellers finl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purcb user. When mataiak
and a ttopmem are finebtal by others for installation or creation by the Seller, the Seller shall receive, unload,
knew and handle same at the site and become responsible therefor a though such materials andor equipment
were being fiuvished by he Seller order the order.
IS. INSURANCE
The Salley shall at his own expefae. Provide for fie payment of workers compensation, including namensio al
disease benefits, to its employees employed on or in connection with the wok covered by this purchase whet,
ana t to their dependmrs an accordance with the laws of the sate in which the work is m be done. The Seller
shall also catty comprehensive gmeml liability including but not limited to, contractual and automobile public
liability insurance with bodily injury and dam limits of at least Sion." for any onerspov, 5500,000 for any
one aside. and porimnmlimit y daage per accident of S400,000. The Sellashall likewise ratuire his
if any, to provide for such compensation and insurance. Wfom any of the Sellers or his canmcmrs
employes shall do any work upon the premises of wlhcrs, be Seller shall famish the Purchaser with a cenifrcam
that such compasauon and insurance have been provided. Such renircates shag specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and inurance shall be maintained until aRa be
entire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Me Seller hereby assumes the entire responsibil lty and liability for any and all damage, loss or injury army kind
or name whatsoever to person or property caned by or resulting from the execution of the work provided far in
this purchase order or in connection herewith The Seller will indemnify and hold harmless the Porlower and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may
be an or subject by reason of any -1. action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contracors officers, agents or employes. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by rmson of any at ..lion, neglect, omission or default of the Seller of any of his connections or any of its or
their otica s, agents or employes as aforesaid, be Seller hereby egrca in assume the define thereof aM ro
defend the now at the Sellers awn expense, to pay any and all casts, charges, rommays fees and other expenses,
any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their officers,
agents or employes in such suits or other proceedings, and in case judgment or ofor lim be placed upon or
obtained against the property of the Purehaer, or said ponies in or as a result of such suits or other proceedings,
fie Seller will at once cause be come to he disuhed and discharged by giving bond an ofetwim. The Seller and
his coatm ors, shall rake all safety plaaution, famish and inall all gureda neakary for the prevention of
accidmts, comply with all Izxs and regulations with regard to safe, including but witham timlmnon, the,
Occupational Stray mall Health Act of 1970 and all rules and regulation issued pursuant farce.
Revised 07n014