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HomeMy WebLinkAbout339817 CHRISTIE WARD & ASSOCIATES INC - PURCHASE ORDER - 9141387Fort Collins Date: 03106/2014 Vendor: 339817 PURCHASE ORDER CHRISTIE WARD & ASSOCIATES INC DBA THE IMPACT INSTITUTE 958 E 132ND AVE THORNTON CO 80241 PO Number Page 9141387 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: 03/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 EDUCATION & TRAINING 2014 PRESENTATIONS EFFECTIVENE 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.wm 1 LOT LS 15,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ase Order Tennis and CondiliSla Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fan Collins is exempt fmm state and local macs. Our Exemption Number is 98-04502. Fu l Excise Tax Exemption CmiGcate of Registry 84.6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stouttes 1973, Chapter 39-26, 114 (a). Goads ft jested. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of &image in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS we subject to the City of Pan Collim inspection on arrival. Final Acceptance. Receipt of the merchandise, u r equipment in response to this order can result in authorized payment on the pat of the City of Von ices However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of ell applicable required inspection procedures. Freight Tema. Shipments must be FOR., City of Fort Collins, 700 Woad St. Fan Collins, CO 80522, unless otherwise specified on Nis over. If permission is given is prepay freight and charge separately, the original hands bill most accompany invoice. Additional charges for picking will not be accepted. Shipment Distance. Where manufacturers have distributing point, in ammus pans of the country, shipment is expected from the nearest distribution point to dmtinmion, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits, Sells shall procure at sellers sole Cast sell necessary permits, canificim, and licenses required by all ,applicable laws, regulation, ordinances and roles of the state, municipality, terilury or political subdivision where the work is perforated, or required by any other duly constituted public action, having jurisdiction over the work of vendor. Sellef 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 esmblished violation of any such laws, regulations, ordinances, roles and requirements Authorization. All parties to this Contract agree that the representatives are, in fact, bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the in. and condition stated herein set forth Card any snppli mmtCay or additional C. and condition annexed hereto or incorporated herein by reference. Any additional or different ertm and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make opmplem shipmmet to m,C oa you( promised delivery dam as noted. Time is of the essence. Delivery and perfoimnce must be eBicted within the time shoed on the purchase order vnd the downwals attached hereto. No Deis of the Purchasers inebtding, without limitation, acceptance of purial late del cycles, shall elsome as a waiver of this provision. I 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, Ilowever, me Suite, shall vat be liable for damages or a result of delays due to causes not --wAly foreseeable which are beyond its reasonable Conwl and without its fault orm,nigence. such act, of Gad. acts of civil or military authorities, prommenml priorities,( s, strike, flood, epidemics, wars or dots provided that notice of the Conditions caning such &clay is given b Me Purchaser within five (5) days of the time when Me Seller fiat received knowledge therm( In the event of any such delay, the Jane of delivery shall he extended for the period alwl to the time.molly lost by pans. off, delay. 3. WARRANTY. The Seller wamnts that all good, articles, materials and work covered by this order will Common wish applicable drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and conscience in accordance with accepted standards for work of a sim ilar nature. The Seller agrees to hold the producer hairless from any loss, damage or expense which the Purchases may eater h inarc as account of the Sellers breach of within o , I t) Soler shall replan, repair or make goof, without cost c the purchaser, any the m farts arising within one (1) year or within wish longer t penal of time t maybe prescribed by law or by the term of any applicable warranty provided ed the Sella after the date of acceptance ofthe good famished hereunder by Me Sel not to a inconsolablyadelayed), resuming from imperfect or defective work done y lain materials famished by the Salle, Acceptance or Provided goad by the Purchaser shall not ability h rwaiver of any t aim waled this warranty. Except as otherwise provided in this purchase over, Me Seders liability ht., but small extend m all damages proximately caused by the breach of many of the LIEDforegoing warranties O MERCHANTABILITY but such liability shall in no event include lass of SHALL A lass of use. NO IMPLIED WARRANTY OR MERCHANTA0ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes or legal mom by wdnen change over. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m she terms, other than legal reams, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by venial o written change order. If any such Charlie otter,,theamount due or an the time ofperformce hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchase, may at any time by warm change oveq lenninam Nis agree era as m any or all Ionian of the goods then not shipped, subject to any equitable adjustment between the parties ex to any work or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on Me uncompleted portion of the goods anNur work, for traditional Is comrafeco d damages, Lord but rat such adjustment be node th favor of the Seller with respect many good which art Me Sellers standard stock. No such termination shall relieve Me PumluL or the Seller ofwy ofthcir obligations as to any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Tiny (30) days from the dale the change or termination is indicted. 8. COMPLIANCE WITH LAW. The Seller warrants that sll good sold hereunder shall have been produced, sold, delivered and famished in ,Her compliance with all applicable laws and regulations to which the good are subject. The Seller shell execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulators required to be incorporated in agneemems of this character are hereby sumptuous] herein by this reference. The Seller agrees to indemnify aM hold the Purchaser harmless from all mans aM damages suffcted by the Purchaser as a result ofthe Sellers failure m Comply wits such law. 9. ASSIGNMENT. Neither parry shall assign pr nsfa, or convey this aril., or any martins due or to become due hedeutnder winners rite pear written Comen, of the of er pony. 10. TITLE. The Seller scandal full, clear and summoned title to the Purchact for all equipment, materials, and items furniid ed in performance of Nis agreement, Gee and clear of my and all lien, restrictions, mservatiom, security interest encumbrances and claims ofofers. ILNONWAIVER. Failure of the Purchaser to insist upon stria Wmanance of the It. and rondo. hereof, failure or delay m exercise any rights or m nu ies provided herein or by law, failure m promptly notify the Seller in Me event of a breach, Me acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of Late purchaser to insist upon strict performance her mfm any of its rights or remedies m to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall pay purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm window violations art in fact borne by the Purchase, Theretofore fee good muse and as consideratiion for executing this purchase over, the Sellef hereby assigns to the Pumhastt any and all claims it may row M1ave or broader acquired under federal or store antitrust laws fro such overcharges relazing in the particular grads or service; Purchased or acquired by me Purchaser pursuant to this purchase aver. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pardoner dimcts the Seller to correct nonconforming or defective good by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser may ,,sett the work to be performed by the moss expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, aDicers end employees afflicts party. The Sellers comradual obligators, including warranty, shall not be de.ned a W reduced, in any wmy, because such work u performed or cat d as be perfomd by the Purchaser. 14. PATENTS. Whenever the Seller is rryulred m use any design, device, material or process covered by lever, proem, trademark in wpyrif the Seller stall indemnify and save harmless the purchaser f 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 or damage which it may be obliged no 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 goads, is in such suit held to constitute infringement Ind the use of said equipment or pan is enjoined, the Seller shall, at its own experrse and a1 its option, either procure for the Purchaser the right m continue using said equipment or pans, replace Me same with substantially equal but noninfringingequipment, or modify it so it becomes reaiaf offing. 15. INSOLVENCY. If the Seller shall become insolvent or makrupt, make an assignment for the benefit of creditors, appoint a receiver of trustee for any of the Sellers pmpeny or business, this aver may bandwith be canceled by Me Parchmef without liability. 16. GOVERNING LAW. The deftnitian of motors red or the interpretation ofthe agreement and the rights ofall parties hereunder shall W warmed under and governed by Ne laws ofthe State ofColumdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreumative(s), on the premises oF.0 m, It. SELLERS RESPONSIBILITY. The Seller shall cars, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury to the work worker matela6 before Seller's fall completion and acceptance, complete the work at Sellers own expense and to get satisfaction of the Purchaser. Wren materials and equipment are famished by others for installation or erection by the Seller, Me Seller shall receive, unload, store and handle same .the sore Card become respamible therefor as though such mmcridx and/or equipment were being fumishN by the Seller maker the order. I S. INSURANCE The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection will Me walk coveted by this purchase order, and/or to their dependents in inconsiderate 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, mntmctual and automobile public liability min are with shortly injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Sell,, shall likewise obtain, his contractors, Fury. to provide for such compensation and in e. Before any of the semen or his contractors employees shall do any work upon the premises of others, the Sellef sham bullish the Purchaser with a certificate that such Compensation and insurance have been provided, such certificates shall specify the dam when such Compensation and insurance have been provided. Such certificates shall specify the date when such compensation red announce cxpirtx. The Sell. agrees then such compemomet and insurance shall be maintained sent,[ it,, fe came work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wssume5 the emim LaNima ibiloy Laid liability for any and all damage, loss or injury ofwy kind or wire whatsoever to persons or property caused by or resulting from Me execution ofthe work provided fro in this punhase order or in connection herewith. The Seller will indemnify and hold hmmlass the Purchaser and any r all of the Purchasers officers, agents and employees from and against my 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 reason of any act, action, neglect, emission or default on the pan of the Seller, any M his antractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be hroiM against the Purchaser, or its officers, agents or employees at any time on account or by reason of any an, action, neglect, omission or default of the Seller of any of h6 contractors or any of its or their officers, agents or employees as aforesaid, she Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to Pay any and all cents, charges, anameys fees and other expemes, any Lord all judgments that may be incurred by or obtained against the PumM1aser or any of its or their officers, agents or employees in such was or other proceedings, and in cam judgment or other lien he placed upon or obtained against she property of the Purchaser, or said parties in or as a If of such suits or order proceedings, Me Seller will at once arum the same to be dissolved will discharged by giving bond or otherwise. The Seller and his contractors shall take all safety, precaution, Babbitt said install all guards necessary for the prevented of accidents, comply with all laws Load regulations with regard by safety including, but widlom limitmice, the Occupational Safety and Health An of 1970 and all Its and regulation issued pursuant them. Revised 03/2010