Loading...
HomeMy WebLinkAbout476648 NOVAK CONSULTING GROUP - PURCHASE ORDER - 9142869Fort Collins Date: 0512112014 Vendor: 476648 NOVAK CONSULTING GROUP 210 GLENMARY AVE CINCINNATTI OH 45220 PO Number I Page PURCHASE ORDER e,A;Qczo 1of2 is number must appear all invoices, packing Ship To: CITY M AGER CITY O FORT COLLINS 300 PORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 05/20/2014 / Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price ELT Retreat Facilitation 1 LOT LS 7,500.00 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes_ Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Setu4s 1973, Chapter )}26, 114 (a). Goods pursued. GOODS REJECTED due to failure 10 mart specifications, either when shipped or due to defects of damage in Ransil, may be returned to you for credit and are not to be replaced except upon receipt of written inactions from the City affect Collins. Inspection. GOODS are subject to the City of Fart Collins inspection on anival. Final Acceptance. Receipt of the merchandise, m equipment e or in response to this offer canresult in authorized payment on the port of the City of Fort Collins, However, it is to be understood thoFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.U.B., City of Fort Collins, 900 Wood Se, Fort Collins, CO 80522, unless otherwise specified On this order. If permission is goon to prepay freight rid charge separately, the original freight bill must accompany involve. Additional charges for packing will not be accepted. Shipment Distance. Where manufamu ors have distributing points in various par, of the country, shipment is expected foam the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all ne awry permits, cenifimres rid licenses required by all applicable laws, regulations, eminences and hires of the state, municipol,,, temltory or par. treat subdivision where the work is performed, or required by any other duly con,titulal public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pod Collins harmless from and against all liability and loss thermord by them by reason of an owned or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization, All parties to this contract agree that the representatives an, in fact, bona fide and possess full and nmplrte ..,be.,, to bind said pasties. LIMITATION OF TERMS. This Purchase Omer mprcssly limits acceptance m the terns and conditions statW herein set forth and any supplementary or additional terms and conditions amexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by ad let are objected to and hereby rejected 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately Ryon cannot make complete shipment to -non on your promised dehhery date as noted. Time is of the ...race. Ddivcryand performance mend be effected within the time stated on the purchase order and the documents attached hereto. NO acts of the Purdmsen including, willow Inhibition, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable commit and without its fault of negligence, such acts of(md, acts offered or military authornies, governmental priorities, fires, strikes, Flood, epidemics, wars or not, provided that notice of the conditions musing 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 dare of delivery shall be extended for the period equal to the time actually lost by reamn of the delay. 3. WARRANTY. The Seller ..his that all goods, articles, materiels and work covered by this order will conform with applicable drawings, specifications, samples and/or other dewnptions 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 computer heatless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty The Seller shall replace, repair or make good, without cost to be purchase, any defects ar faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller emotion dale of acceptance of the Goods famished hereunder (acceptance not to be unreanuably donyed), resulting from imper(wt or de&cove work done or materials burnished by the Seller Acceptance or use of goads by the Purchaser shall not oacifthe a waiver of any claim under this warranty. Except as 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 warranties or summers, ers, but such liability shall in no event include loss affronts or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchases may make changes to legal Isms by written change Coda. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification, or drawings, by verbal or written change order. If any such change arteas the amountdue or the time of performance 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 Orchards of the goods then not shipped, subject In any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompheled portion of the goods and/or work, for incidental or consequential damages and that no such adjustment he made in favor of the Seller wish respect to any goods which are the Sellers standard stock. No such cormorants sM1all reliew the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the &te the change or lamination is ordered. 8. COMPLIANCE WITII LAW, The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished 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 be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatmless fresh all costs and damages suffered by the Purchaser as a court of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrttw consent of the Orbit perry. 10. TITLE. The Seller warrants PoII, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, resMctims, reservations, security interest encumbrances and claims of others, ILNDNWAIVER. Failure Of the Purchaser to acted upon smut performance of the tam¢ and conditions hereof, failure or delay to broaWx any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a ach, the acceptance of or blipayment for goods hereunder or nd shall o t be design, shell wnotaiver rofan the Scharf any of the warranties or obligations of this purchase order and shall not be deemed a waiver of nod right of the of when hensto insist upon mail performance hereof orany of its rights ovemedjese fanysuch goods, wgamarted of when shipped received or accepted, as m any port or subsequent roper hereunder, nor shall any thrported oral modification or rescission Or this purchase offs by the Purchaser operate as a waiver of any of the teats nererr. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o emM1 ges resulting from antiwar violations are in fact borne by the Purchaser. Dram ofre, tforr pod 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 nawfter acquired made, federal or state courmd laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase offer. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser drivers the Seller to correct nonconforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and the Seller Hereafter indicates its inabil try or unwill ingress to comply, the Purchaser may cause the work to be performed by the most expeditious means available 1r it, and the Seller shall pay all casts associoted with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the performance of such work. This relms, short apply even in He event of fault of negligence of the party ref®sad and sM1all extend m the directors, officers and employees of such pony. The Sellers contractual obligations, including womanly, 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 m use any design, device, material or poorest covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the are or such patented design, device, mclamil or process in comoodon with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of ante infir-p rend at any time during the prosecution or after the compraion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infrtngemew and the use of said escarpment or pan 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 .at but hardi fringing equipment, or modify it so it becomes noduldi Bing. IA INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefil of creditors, appoint a receiver or trustee for any 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 interpretation ofthe agreement and the rights of all parties hereunder shall be command under and governed by the laws Orlin Stale OPCOImdq USA_ The following Additional Conditions apply only in where the Seller is to Performwork hereunder, ncludom the services Of Selle s Represanntive(s), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry m said work at Settees own risk until the same is fully completed and accepted, and shall, in c of any accident, destruction or injury to the work ampor materials before Seller's tonal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials add equipment are Untamed by others for installation or erection by The Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though shelf materials and/or equipment come being [omisliar by the Seller under the .,do,, 18. INSURANCE. The Seller shall, 0 his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase offer, harbor to their dependents in accordance with the laws of the slate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imumnce with bodily injury and death limits of at least 5300,000 for any one perm, 5500,1100 fro any evident and Th property damage limit per accident of S400,000. e Sella shall likewise require his ommmors, if any, to provide for such compensation and insurance. Berme any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and iardwar e, have been provided Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the write work is completed rid accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'rho Seller hereby demo es be wore rwpondbilm, and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or re allm, from the execution of the weak provided for in this purchase order or in connection herewith. The Seller will indemnify and bold bordess the Purchaser and sty cr all of the Pmchasas oRcers, agars and employees from and ¢gains[ any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be, put or subject by ream of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In care any suit or other proceedings shall be brought against the Purchase, or its officer, agents or employees to any time an account Or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its Or their officers, agents or employees us aforesaid, the Seller herby agrees to comme the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, mail fees and other expcmca, my 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 lien be placed upon or obtained against the property ofthe Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to IN dissolved and decamped by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 Safetyand Health Act of 1990 and all rules and regulations issued pronunciation. Revised 03/2010