HomeMy WebLinkAbout454095 THE PREMIER COMPANY LLC - PURCHASE ORDER - 9150667 (2)PO
PURCHASE ORDER 915066er Page
City of PURCHASE
50667 1.12
Flirt Collins( on all invoices,
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Date: 01/29/2015
Vendor: 454095
THE PREMIER COMPANY LLC
113 S COLLEGE AVE
FORT COLLINS CO 80524-2808
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/29/2015 Buyer: PAUL, GERRY
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.
Line Description Quantity UOM Unit Price - Extended
rlydcrcd DA'.
I Background Checks
Background check
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
20,000.00
$20
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Exe9c Tax Exemption Certificate of Registry 84-6tpp587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the perms and conditions hereof, failure or delay m
Internet Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or rernedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptaxe ofor payment far goods hereunder w approval of the design, shall not release the Seller of
Good Rejected. GOODS REJECTED due m failure m men misifiwtions, either when shipped or due to defects of
any of be wamntin or obligations of did, porcbase order and shall ant be d«reed a waiver of any right of the
damage in transit, may be mmmd to you for credit and aft not to be replaced except upon receipt of omen
purchaser to means upon strict performance harmi'm any of its rights or remedies as m any such goods, regardless
instmcfons from the City effort Collins,
of when shipped, received or awapted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or remission of this purchase and, by the Purchaser opmte as a waiver of any of the terms
Inspection. GOODS me subject to the Co, of Fon Collins inspection an morel,
hereof.
Final Acceptance. Receipt of the merchandise, services w equlporens in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of FOR Collins. However, it is to be understood Out FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust
ACCEPTANCE is dependent upon completion ofall applicable acquired inspection procedures,
violatis ar one in fact home by the Purchaser. Theretofore, for good cause aW az consideration for executing this
purchase order, the Seller hereby assigat to the Parchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522. unless
acquired under federal or state optical laws for such overcharges relating to the particular goods or smicas
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase, order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dlstuloth,Wine, to variom puns Of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective gwd by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
Pwchmtt and the Seller, bad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments art made from pro ater dicta .
may cause the work to he performed by the most expeditious mean .,table to it, and the Seller shall pay all
ors¢ ssssaimed with such work.
Permits. Seller shall mocure at sellers sole cast all necessary permits, certifcam and licenses requited by all
applicable laws, regulations, oMiruners and roles of the state, municipality, territory or political subdivision where
The Seller shall release the Purchase end its contractors of any tier form all liability and claims of my nntm
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting from the performance of inch work.
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
erred by them by reason of of an asserted or established violation of any such laws, reguor lations, dinances, roles
incurred
This release shall apply even in the event of fault of negligence of the party releasd and shall extend to the
requirements.
directors, anicm and employees afwoh parry.
Authorization. All parries to this warmer agree that the representatives are, in but" bona fit, and passeas full and
The Sellars contextual obligations, including warranty, shall not he dared 10 be reduced, in any way, because
complete authority to bind said panics.
such work is per tenoned or caused to he perfmmd by the Purchaser.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the ragas and conditions actual
herein set forth and any supplementary or additional starts and conditions annexed hereto or incoaporated herein by
reference. Any additional or different terms and condition, proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedia4ly if you cannot make complete shipment to amve on your
promised delivery diem noted. Time is of Ore essence. Delivery and performance mast he effected within the time
still on the purchase oMer and the documenss attached hereto. No xis of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver aides provision. In the event of any delay,
the Purchaser shall have, in addition mother legal and ttlmarble remedies, the option militating this Order elsewhere
and holding the Seller liable far damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyard its reasonable control and without its fault of negligence,
such acts of God, ants of civil or military authorities, govemmenul priorities, fires, strikes, flood, epidemics, wars or
..is provided that notice of the mWrite s causing such delay is given to the Purchaser within file (5) days of the
time when the Seller for reversed knowledge thereof In the event Of any such delay, the lac of ddivcry shall be
extended for the period equal to the time actually lost by reason ofOe delay.
3. WARRANTY.
The Seller woman,, that all goods, articles, materials and work covered by this oMer will confarm 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 accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless form any lass, damage or experue which the
Purchases may suffer in incur on wareat ofthe Sellers breach of w W. The Sella at replace, repair in make
goad, without cost to the purchaser, any defeers or faults arising within one (1) year or within such longer period of
time as my be prescribed by law or by the term of my applicable warranty Provided by the Seller after the date of
ccel ravce of the good famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
Or dePodive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except ns otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach Of any Of the foregoing wamamies
or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal It. by woman change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal le es, including udditinna to or deletions from
the quantities originally ordered in the specifications or drawings, by rceral or written change order If any such
change affects the amount due or the time ofperfomance hereunder. an equitable adjustment shall be, made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goad then not shipped, subject to any equitable adjustment between the Ponies as to any work or materials then in
progress provided that tlm Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect o any good which we the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any good delivered Mrtander.
T. CLAMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days from the date the change m termination is
Ordered.
9. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Famished in strict
compliance wit all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be requiued m effect or evidence compliance. All laws and regulations required m he
incorporated in agreements of this chmxter are hereby incorporated herein by this reference. The Seller agrees so
iodersmify and bold the Purchaser brimless f all mass and damages suffered by the Paramount as a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, bansfea or convey this order, or any marries due or to become due hereunder without the
prior written consent ofthe other party.
10, TITLE.
The Seller warrants full, clear end comericted title to the Purchase for aft aiuq umnl, materials, and item Banished
in performance of this agreement f and clear of any and all liens, reastrictionic ¢nervations, security interest
encumbrances and claims of others.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process converted by letter, patent, trademark
copyright, are Seller shall indemnify mad save harmless, the Purchaser form any and all claims For infringement
by reason of the tau of such patented design, device, material or pmass in connection with the contract, and
shall indemnify the Purchase, far any cost, expense or damaga which it may Ise obliged to pay by reason of such
infringemem at may time during the pros«anon art a0cr the completion of the work. In mse said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to mmtitule infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes mainfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of crtdows, appoint a
weewer or
a sitee for any of the Sellers property ew business, this order may foMwith he ameled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terror used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the Stem of Colorado, USA.
The following Additional Conditions apply only in acts where the Sella is to perform work hereunder,
including the sevlces of Sellers Rapresenativa{s), on the premise ofolhrn.
19. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers awn risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work anchor materials before Sellers final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purebaser. When materials
and equipment see furnished by others for installation or erection by the Seller, the Seller shall receive, mnlood,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense. preside for the payment of workers compcassetion, including occupational
disease benefits, 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 sate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but no, OmitM lo, continental end automobile pubac
liability insurance with bodily injury and death limits of at leap S300,00) for any one Amon, S500,000 for any
accident and temporary damage limit per accident of S1 (TOOKI The Seller shall likewise require his
contrxman, ifaay, to provide for such compensation and insurance. Before any of the Sellers or his examen mm
employees shall do any work upon the premises of others, the Sella shall Brutish the Purchaser with a eenifate
but such compensation and insurance have ban provided. Such cemfiCa es shall specify the date when such
compensation and insurance have been provide. Such casifcates shall specify the doe when such commemoration
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 Seller hereby assurms the entbe moussibiliry and liability for any and all damage, lass m injury of any kind
r wrure whatsoever to persons or property at M by of resulting form the execution ofthe work Provided for in
this purchase order or in concoction herewith. The Seller will indemnify and hold harmless she Purcham and any
r all of the Purchasers officers, agents and employees from and againn any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reosan of any out, action, neglect, omission m default on the pan of the Seller, any of his
contractor, or any of the Sellers or cammuchrom offices, agents or employees. In crisis any suit or other
proceedings shall he brought against the Purshoser, or its otfcers, agents or employees at any time on account or
by sawn of any act action, cogittt omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid be Seller hereby agrtas to assume the defame thcrmf and to
defend the more in the Sellers own expense, to pay any and all rasa, charge, attomeys fees and other expenses,
any and all judgment that may be incurred by or obtained against the Purchnser or any of its or their officer,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said parties in or u a result attach suits or other proceedings,
the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and
by contractors shall take all safety precautions, f ish and install all guards necessary for the prevention of
accidents, comply wish all laws and regulatom with regard m safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant themo.
Revised 02R014