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HomeMy WebLinkAbout462625 PEAK LEADERSHIP CONSULTING LLC - PURCHASE ORDER - 9114891Fort Collins Date: 05101 /2014 PURCHASE ORDER Vendor: 462625 PEAK LEADERSHIP CONSULTING LLC 4548 SEAWAY CIR FORT COLLINS CO 80525 PO Number Page 9114891 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 08/19/2011 Buyer: DAVID CAREY Note Line Description Quantity UOM Unit Price Ordered Extended Price 4 Addendum to PO# 9114891 1 LOT EA 10,000.00 LEAD 1.0 LeadershipDevelopment for additional Services for 2014. % Authorized per Requisition # 47224. Scope of Services, Terms and Conditions per Professional Services Agreement for City's RFP# 7219 for LEADERSHIP DEVELOPMENT, ASSESSMENT & TRAINING. 5 Addendum to PO# 9114891 1 LOT EA 5,077.32 LEAD 4.0 LeadershipDevelopment / for additional Services for 2014. Authorized per Requisition # 47224. Scope of Services, Terms and Conditions per Professional Services Agreement for City's RFP# 7219 for LEADERSHIP DEVELOPMENT, ASSESSMENT & TRAINING. Total $15,077.32 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 1. COMMERCIN.DETAIIS. Tax exemptions. By statute the Ciry of Fart Collins u exempt fmm scare end Iwal bases. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Carload, of Registry 84 6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a). Goods R jeered. GOODS REJECTED due m fihere to meet specifications, either when shipped or due air defeats of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on animal. Final Acceptance. Receipt of the mnchandise, smias or equipment in msporese m Ws order can mutt in authorized Payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completionofall applicablece romal inspection precedum. Freight Terns. Shipments most be F.O.B.. City of Fan Collins, 'NO Wood Se. Too Collin, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Druturce, Where m ni hams, have distributing points in various pans of the country, shipnant is expected fmm the nearest distribution point to d.rand an, and excess freight will be deducted to.., Invoice when shipments arc made from greater distance. Permits. Seller shall prime at sellers sole cost all caresser, permits, certificates and licenses required by all appliable laws, regulations, r dinar. and rules of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having Jurisdiction over the work of vendor. Sella further agrees W hold the City of Tom Collins hornless fmm and against all liability am loss incurred by than by reason of an asserted or established violation of any such fws, eau i Hors, ordinances, bales and raintemens. Authorization. All parties to this contract agree that the representatives are, In tact, from fide and possess full and rmplao authority a load said manta. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mmts and conditions some] herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions Formed by seller are objected ro and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hat cannot make complete shipment to arrive on your promised delivery daze as noted Time is of the essence. Delivery and performance must be, effected within the time stated on the purchase order end the documents atuched hercm. No acs of the Purchaers including, withom limitation, carp are i f pasial late ddiveria, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delay, due to caress not reasonably fresmvble which are beyond its reasonable control and without its fault of negligence, such acts of God, ecs of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or room mravided that more of the wndoiom causing each delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event ofany such delay, toe dale of delivery shall be extended for the prod equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Wet all good. articles, mactiak and work covered by this order will of. with applicable drawings, specification, samples rename other description given, will be, fit for the purposes intended and performed wild the highest degrte of care and ememeleme in accordance wish accepted standard for work of a similar nature. The Seller agrees to hold the Forebear harnkss from any loss, damage or expense which the Pvribrea may sulfur or incur on account of the Sellers breach ofwwrmnry. The Seller shall replace, reedit or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time us may be prescribed by law o, by the temrs ofany applicable warranty provided by the Seller one, the dam of ccemtance nFlhe .it, fa misbed hereunder (accepance not m be unreawnably delayed), resulting from imperial or directive work done or materials furnished by the Seller. Amepanth, or use of goods by the Pardee cr shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase maker. the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties or guaramas, but such liability shall in no event include loss ofpmfiu or loss of as. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal terms by wrinen change order. 5. CHANGES R4 COMMERCIAL TERMS. The Purcbaser may make any changes to the terms, other than legal terms. including additions to or deletions from the quantities originally indeed in the specification or drawings, by verbal or written change order. It any such cerige effects the amount due or the lime of performance hereunder, an equitable ndjustmcnt shall be mode. 6. TERMINATIONS. The Purchaser may at any time by wainen change order, mornitum this agreement as to any or all radimns of the goods then not shipped, subject to any equitable adjustment between the Wnics as to my work or materials then in progress provided Real the Purchaer shall not be liable for any claims for mticipated profits on the uncompleted portion of the goods moor work, for incideral or consequential damages, zed that no such edjustmrnr Is, made in favor of the Seller with respect many good which art the Sellers standard stock. No such ammunition shall relieve the Pu¢huer or the Sella of any afdoo obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assaned within thirty, (30) days from the dam he 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 attics compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such documents; as may be required to effect or evideatt compliance. All laws and regulation acquired to be inorporared in agaeements of this character are herby incoporated herein by his reference. The Sella agates m indemnify, and hold he Puuhma impunities from all costs and damages suRened by he Purchaser as a result of he Sellers failure to comply aids such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior woven amoral ofhc office pang. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchase, for all equipment, mamials, and items famished in performance of this agreement, free end clear of any and all limns, rtsrridion, reservations, security interest cncumbreares and claims of what. 11. NONWAIVER. Failure of the Purchaser to insist upon stir[ performance of the term and conditions hereof, failure or delay, to 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 paym rt for goads hereunder or approval of the resume 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 the purchaser to insist upon strict perfmmance hereof or any of its rights he remedim n m any such goods, regardless of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser opemk as a waiver of any of the term hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rompum that in actual economic practice, overcharges resulting Epson antitrustviolations, violations are in fact theme by the purchaser. Theretoforefar Nwal cause and as ceniderms. for executing This purchase order, the Seller hereby assigns to the Purcluxer any and all claims it may now have or hereafter acquittal under federal or state to., laws for such overcharges relating to the whicular good or strikes purchased or acquired by the Purchaser pursuant in this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or defective goods by a alum to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all bass associated with such work. The Seller shall ockase the Porchuna end is contractors of any tier firm all liability and claims of any nature resulting from the performance trench work. This release shall apply even in the event of fault of negligence or he pony released and shall extend to the direamrs, officers end mrSti yess ofsuch Party. The Sella, contractual obligations, including warranty, alum not be devoted to be reduced, in any wey, because such work is performed are caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mmenal or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by prawn of the use of such patented design, device, material or process in mrmection with the contract, said shall indemnify the Purehoser for any cost, expose or damage which it may be obliged to pay by reason ofsmh infnngemmt at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or he Inlpnded use of the goods, is In such still held to mntitute Infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at is option, either promre for the Purcbnser the right to continue using said equipment or pars, replace the same with substantially equal but noninfn-eging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a rearover or trustee far any of the Seller property or business, this aide, may farad with be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terns used are the interprtui.. i f We agreement arW the rights cufall panics hereunder shall be construed tinder and governed by the laws order Seem.&Colomda, USA. The following Additional Cma iimms apply only in cases where the Seller is W perform work hnewder, including the services of Sellers RepmsenativKs), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry no said work at Settees own risk until the some is fully completed and accepted, and Joel, in case of any accident, destruction or injury to the work and'or materials before Seller's final completion and acceptance. complete the work at Seller's own expertise and to the satisfaction of the Parchment. When materials and equipment arc famished by others far inaftelion or auction by the Seller, he Seller shall receive, unload, sure and handle same at the site and become responsible therefor as though such mmerials moor equipment were being furnished by she Sella it,, the order. 18, INSURANCE. The Seller shall, at his oxen expense, provide for We payment of workers compenadon, including oceupatioml disease beaefis, m its employees employed oa we in connection with the work reacted by this pardle se order, anaar to their deMndents in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, communal and automobile public liability insurance with bodily injury and death limits of at least $3oo,000 for any one person, 5500,000 for any one accident cad property damage limit per accident of $400,000. The Seller shot] likewise require his contractors, if any, m provide for such compensation and insurance. Before any argue Sellers or his contractors employees shall do any work upon the premises archers. the Seller shall famish the Purchaser with a certificate tact such compasation and insurance have been provided. Such ttnificates shall specify the date when such amp meadion and insurance have been provided. Such comficales shall specify the time when such compenation and insurance expires. The Seller agrees that such compensation and insurance shall be mainainal amid after We entire work is completed and accepted 19. PROTECTION AGAfNS' ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mehousi oliry and liability for any and all damage, loss or injury of my kind r nature whimea ver to person or property caused by or ranking from the execution ofhe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchser and my or all of the Purchasers ollicers, agents and employees ]win and spinal any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purehna may be par o, subject by reason of my act, action, neglect omission or default on the pan of the Seller, any of his ontmchms. or any of the Sellers or contractors officers, agents or employees. In case any suit o other proceedings shall be bmughl against he Purehner, or its officers, agents or employees at my time on account or by reason of tiny act, action, neglext, omission or default of the Seller of any of his contractors or any of is or their oRcers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at he Sellers own exist., to pay any it all costs, Occurs, aromcys fees and other expenses, any and all judgmrns that may be incorrect by or obtained against the Purchaser or my of is are their oDicass agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property offlue Pwchaur, or said parties in or ex a result ofmch suns or other proceedings, the Sella will in once mum the same to M dissolved and discharges! by giving bond or otherwise. The Sella and his contractors shall take all safety precautinm, famish and inall all gosrds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, he Occupational Safety and Neagh Act of 1970 and all rates and regulations issued pursamt thereto. Revised 03/2010