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HomeMy WebLinkAbout549130 AFFION PUBLIC - PURCHASE ORDER - 9151698City of art Collins Date: 03/23/2015 Vendor: 549130 AFFION PUBLIC 2120 MARKET ST SUITE 100 CAMP HILL PA 17011 PURCHASE ORDER PO Number Page 9151698 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/20/2015 Buyer: PAUL, GERRY Note: This purchase order is subject to the terms and conditions of the agreement between the parties established for recruiting services for the L&P Operations Manager. Line Description Quantity UOM Unit Price Extended Ordered Price 1 RECRUITING SERVICE EXECUTIVE RECRUITER AGRMNT L&P 1 LOT LS Total 21,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terns and Conditions Page 2 of 2 I. 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 Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tames and conditions hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref Colorado Revised Stams 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, f tihne to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to nowt specifications, either when shipped or due to defect of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, ray be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on amval, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipment most be F.O.B., City of Fort Collins, 70O Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services 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 womaronv invoice. Additional charges for racking will not be wecoted. Shipment Distance. Where manufacturers have distributing point in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permit. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly comatimted 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 reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and wnditions annexed hereto or incorporated herein by reference. Any additional or different tame: and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents touched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any 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 art be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond it reasonable control and without it fault of negligence, such act of God, act of civil or military authonties, governmental prionnes, fires, strikes, food, epidemics, wan or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the nine when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mast of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, 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 accordance with accepted students for work of a similar nature. 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 Seller shall replace, repair or make good, without cost to the purchaser, any defect or faults arising within one (I) year or within such longer period of time m may be prescribed by law or by the terms of any applicable wanranty, provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this womanly. Except w otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at l damages proximately caused by the breach of any of the foregoing warranties or gnorantees, but such liability shall in no event include loth of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal icons, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change afl ect the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfim on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such document as may be required to effect or evidence compliance. All laws cud regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless tram all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, member, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe otha party. 10. TITLE. The Sellerwarrant full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest encumbrances and claims archers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming r defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or =willingness to comply, the Purchaser may now the work to be performed by the most expeditious means available to it, and the Seller shall pay all cost associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off cers and employees of such party. The Sellers command obligations, 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 required to use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Planner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to wnstimte 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 parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver m trustee for arty of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of laws used or the interpretation of the agreement and the right of all parties hereunder shall be construed under and governed by the laws of the 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 Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation r election by the Seiler, the Seller shall receive, =load, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, 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 state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deeds limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. 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 plains of otters, the Seller shall famish the Purchaser with a minficau that such compensation and insurance have been provided. Such certificates shall 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 announce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r nature whosoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agent or employees at any time an warrant or by lesson of any cut, action, neglect, omission or default of the Seller of any of his contactors or any of it or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses, any and all judgment that may he incurred by or churned against the Purchaser or any of its or their officers, agent or employces in such suit or other proceedings, and in case judgment a other lien be placed up= or obtained against the property of the Purchases, or said parties in or as a result of such suits or other proceedings, the Sella will a once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010