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HomeMy WebLinkAbout278287 ENCK RESOURCES - PURCHASE ORDER - 9111950City of Fort Collins Date: 04/08/2011 PURCHASE ORDER Vendor: 278287 ENCK RESOURCES 1619 LAKESHORE DR FORT COLLINS Colorado 80525-2420 PO Number Page 9111950 1 of 2 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 Colorado 80524-4 Delivery Date: 04/08/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Presentations for Lead 1.0 Split 3 ways w/PSD and County Two (2) Presentations at $800 per event date. Topics and Dates: "Problem Salving and Decision Making", June 7, 2011 "Generations in the Workplace", March 20, 2012 1 LOT LS PO dollar amount is for City's pro -rated portion of costs for both events Per Agreement signed on March 28, 2011. C3. OYI.:sQ d� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO 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 Total Invoice Address: 534.00 $534.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. 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 terms and conditions hereof. failure or delay to rn Inteal 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 of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and .shall not be deemed a waiver of my right of the damage in transit. may be resumed to you for credit and arc 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 good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder. nor shall any pugorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temu Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Hitwe,eO it is to be understood thnt FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amitnrsi ACCEPTANCE is dependent upon completion ofall 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 In the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wnod St_ Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods 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 most accompany invoice. Additional charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Iflhe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Pumhasscr shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political stbdivision where the work is performed, or required by any other duly constituted 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. ndcs and rcquircmcnts. Aullimitn tine. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions aminsed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opemtc as a waiver of this prevision. 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. Hoswevcr, 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 ofnegligenee. such acts of God, acts fcivil or military anthonlics, governmental priorities, fires, strikes, flood, epidemics wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time 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 reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, 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 standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be Prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the good Famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfecl or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this war linty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warantics or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchascr may make any changes to the muni. other than legal temu, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or .written change order. If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any Or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which am the Sellerx standard stock. No such termination shall relieve the Purchascr m the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is milcred. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishcd 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 he required to effect or evidence compliance. All laws and regulations rcquimd to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchascr as a result of the Scllcrs failure to comply with such lase. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances end claims of others. The Seller shall release the Purchaser and its eontmctors of any tier fmm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the went of fault of negligence of the party released and shall extend in the directors, officers and employees of such pony. The Seller's contractual obligations, including wammty, shall not be deemed to be reduced, in any way. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design. device, material or pracss covered by letter, patent, trademark m copyright, the Scllcr 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 Purchaser for any cost, expense ar damage which it may be obliged to pay by reason nLsuch infringement at any time during the prosecution or utter the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it ore expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with subsmmially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankropt, make an assignment for the bmtefil of creditors, appoint a receiver or trustee for say of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the intetpretntinn of the agreement and the rights of all panics hereunder shall be ennstmed 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 Scllcrs Representativc(s), on the premises ofodwov 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's 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 Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchascr. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees ,u,ployvd 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, comracmal and automobile public liability insurance with bodily injury mud death limits of at (cast S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his centmcmrs, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contactors employees shall do any work upon the premises of Others, the Seller shall furnish the Purchascr with a certificate 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 insurance shall be maintained unlit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury efanv kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers oRtecm, agents and employees From and against any and all claims, losses, damages, charges or expenses, whether direct err indirect, and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect. emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any .suit or other proceedings shall be brought against the Purchaser or its o(fcm.. agents or employees at any time on account or by reason of any act, action. neglect, omission or default of the Seller of any of his contractors or any of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihcreaf and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and Other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other hen be placed upon or obtained against the property of the Purchascr, of said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Sellerand 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 mles and regulations issued pursuant thereto. Revised 03/2010