HomeMy WebLinkAbout462625 PEAK LEADERSHIP CONSULTING LLC - PURCHASE ORDER - 9143550PO
PURCHASE ORDER 914355er Page
City. of43550 tofz
' `F6rt Collins/ his number must packing
` V 1 1 on all invoices, packing
sli s and labels.
Date: 06/24/2014
Vendor: 462625
PEAK LEADERSHIP CONSULTING LLC
4548 SEAWAY CIR
FORT COLLINS CO 80525
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 06/23/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
LEAD 1.0, LEAD 4.0
2014
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
1 LOT LS
35,000.00
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
L COMMERC1ALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure And local taxes. Our Exemption Number is
98-04502. Farrel Excise Tax Exemption Cedificme of Registry 81fi000581 is registered with the Collector of
humnel Revenue, Damon Cut..& (Ref. Col..& Raised Sututes 1973, Chapter 3926. 114 fa).
Goods Reported. GOODS REJECTED due to failms to meet specificaions, either when shipped or duc to defects of
damage In tmnso, may be relumed 10 you for credit and are nod in be replaced except upon receipt of waitcn
instructions from the City of Fort Collins.
Inspe, ion. GOODS ire subject to die, City ofFort Collins inspection on amval.
Final Acceptance. Receipt of the merchandise, services or compound in response to this order can result in
authorized payment on the pan of the City of Fort Collim. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise spaifcd .,his order. Ifpermission ¢given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional chargea for packing will nor be accepted.
Shipment Distance. Where manufacturers have dearibming points in various pans of the romnry, shipment is
expected front the nearest distribution point to destination, and excess bench, will be deducted fr.m Invoice when
shipments are made from gftatar distance.
Pcmfits. Seller shall procure m sellers sole cost all necessary permits, cenifcama and licenses oatmeal by All
Applicable laws, regulations, ordinances and roles of the state, 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. Seller fanner agrees An hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by son of An asserted or established violation of any such laws, regulations, ordiwnms, roles
and iscrummen..
Authorization. All panics to this contract agree Out the represeotives are, in fact, bow fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits azcaptarre or the arms and conditions surd
homer set forth and any supplementary or additional urns and conditions Amused hereto or incorporated herein by
reference. Any Additional or different enns and conditions proposed by seller are ablated to And hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o anise an your
premised delivery doe As noted. Time is of the essence. Delivery and Performance most M effected within the time
sated an the purchase order and the detmmm% anached hereto. No acts of the Purchasers including, without
limitation, acceptance ofp trial late deliveries, shall .,come As A waiver of Nis precision. In the of ofany delay,
the Purchaser shall have, in whirma to other legal and equitable remedies, the option Appian, this order elsewhere
and holding the Sella 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 control and without its fault of negligence,
such acts of God, Acts ofcivil or military authorities, govemmmal priomiea fires, strikes, Bond, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fast received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the periW actual to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that ell goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples an&.r other descriptions given, will he fit for the purposes intended. And
performed with the highest degree of care and competence in accordance with Accepted standards for work of a
miler fort. 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
goad, without cost m the purchaser, any defects or faults arising within one (1) year or within such longs peried of
time As may be prescribed by law or by the terms of Any applicable warranty provided by the Seller after the time of
Acceptance of the goods famished hereunder (accepance not to be unreasonably delayed), resulting from imperfect
or defortive, work done or materials f ished by fie Seller. Acceptance or uu of good by the Pumhaxr shall not
comtimte a waiver of any claim under this wormy. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall axtend on all damages proximately caused by the breach of any of the foregoing..mail.
or gfmamces, but such liability shall in no avant include loss of profits at lass 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 arder.
5. Cl IANGES IN COMMERCIAL TERMS.
The Pachuca may make Any changes As the terms, other than legal terra, including addifiom to or dclrtions from
Nr quantities originally ordered in the specifications or drawings, by vabol or —a- change order. If any such
change aRects the amount due or the time of,arfomuice her ... dev an equitable Adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by woman change order, terminate this agreement . to any or .11 portions of the
good then not shipped, subject to 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 unatmplemJ
portion of the goods and/or work, for incidental or mnsegcenfial damages, and that no 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 ofany of fair obligations As to any good delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the due the change or lemonade. is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all Applicable laws and regulations to which the goals are subject The Seller shall execute and
deliver such dmumenu as may IS, Accrued to ere t or evidence compliance. Ail laws And regulations requital to be
incorporated in agreements of this chourch r Are hereby incorpanted herein by Nis tefamm. The Seller agrees to
indemnify and hold the Purchaser hamtless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, bmafev at convey this Asia, or Any monies due or to became due hereunder without the
prior wand concert of Nc ceder parry.
10. TITLE.
The Sella warranu full, clew and unremined lath, la the Purchaser far all equipment rumerids, and it— famished
in performance of this agreement free and clear of Any and all firm, restrictions, mesersations, security intend
encombmncez and claims af.11bars.
11. NONWAPVER.
Failure of the Purchaser to Asia upon social performance of the terms and conditions hermf, failure or delay to
exacrise
any rights or continues prevded herein or by law, failure to promptly rectify the Seller in the event of A
breach, fire acceptance ofor payment for goads hereunder or approval of the design shall not release the Seller of
any of the wartanfes or obligatons of flux purchase order and shall rot be deemed A waiver of any Aught of the
purchaser to insist upon strict permancince hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hemander, nor stuff any prepared
AM] modification or rescission of this purchase order by the Purchaser operate As a waiver of my of the tams
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and The Purchaser recognize that in acted economic practice, overcharges rmuIf., Tom antitrust
violations are in fact home by the Purchaser. "creation, for good cause and as comidernion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Acquired under federal or state antitmst laws for such overcharges relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser three%the Sellerto correct nonconforming or deform, goo6 by. date a be agreed upon by the
Purchaser and fe Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by tlm most expeditious main .,.liable to ir, and the Seller shall pay all
cos%ussociated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
exulting from the pMmarancc of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees of such party.
The Settees ornamental obligations, including warranty, shall not be dremed to be reduced, in Any way, bomme
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever fe Seller n required to use Any design, deice, material in Process covered by later, patent, uadcmark
copyright, fe Seller shall indemnify and save harmless the Purchaser from any and all claims for wGingement
by reason of the use of such patented design, Mice, material or process in connection with the conduct, and
shall indemnify the Purchmer for Any cast, expense or damage which fr may be.1d,rd m pay by memv of.cb
infringement at any dime during the prosecution or after the completion of the work. In case said equipment or
any pan thereof or the intended use of the gurd, is in such suit held to conclude infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense And at its option, either mature for the
Purchaser the right to continue using said cgoipmenr or pans, replace the same with substantially actual but
noninlnnging equipment, or modify it so it becomes noninfringing,
IS. INSOLVENCY.
If the Seller shall became insolvent or badrmpl, make an resignation for the benefit of creditors, appoint a
receiver or balance for Any of the Sellers property or business, this order may forthwith be canceled by he
Purchaser without liability.
16, GOVERNING LAW.
The definitions of tams used or the munpeution oftheagree ant and the rights of All ponies hereunder shall be
construed under and governed by the laws of the Sate of Colorado. USA,
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repre romidive(Of on the premises afmhers.
Il. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Sellals own risk until the same is fully completed and accepted, and shall,
in case of Any azindoor , d. ficamn or injury An the work and/or malaiaB before Seller',, foul ..plan.. and
Accept., complete fe work at Sellefs own expense And to the sa6faerbn of the Purchaser. When maeriak
And equipment me famished by others for installation or reaction by the Seller, fe Seller shall receive udoad,
store And handle same at the sire and become responsible therefor as though such materials simper equipment
were being thrashed by the Seller order the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for fire payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the wok covered by this purchase order,
and/or of than depevdrnts in amrdance with the awn of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, commensal and automobile public
liabiliry imumnce wid, bodily injury and drain limits of at least SJnn,nnn for any are person, S5W,0.V ter Any
one accident and property damage limit per Accident of S400A00. The Seller shall likewise ralune his
and -tor, , if any, to provide for such coun,crouni on and ins e. Before any of the Sellers or his
employees shall do Any work upon the premises of others, the Seller still famish the Parch. with a cartifimte
coal such compemmlon and Insurance have been provided Such certifcmes shall specify no date when such
compensation and insurance have been provided. Such aftifimas shall specify the date when such compemabou
and insurance expires. The Seller agrees that such compensation And insurance shall M maintained until after the
entire work is completed and Aceepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire responsibilily and Wind fly for any and ell damage, loss or injury of any kind
or wore wholsoever Ao persons or property caused by or resulting firm the execulim 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 frem 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 pan of the Seller any of his
marnams, or any of the Sellers or contrnam, ufficers, agents in employees. In an. any suit or order
proceedings shall Ix, brought against the Purchaser, or its officers, agrnu or employees at any time on Account or
by reason of my act, action, neglect, omission or default of the Seller of Any of his contmcars or Any of is or
their offcers, agents or employees As aforesaid, the Seller hereby agrees to assume the defcars, thereof and in
defend the same at the Sellers own exprme, to Pay any and all msts, tinges, atomeys f and other expenses,
any And all jfdgmenu that may be hrcurred by or obtained against the Purchaser or any of its or their officers.
agents or employees m such suits or offer proceedings. AN in case judgment or other lien be placed upon or
obained Agaimf fe progeny oflhe Purchases, ar said pant. in or As A result ofA.ch suits or offer proceedings.
the Seller will at once cause the same w be dissolved end discharged by giving bond or otherwise. The Sella And
his consortium shall take all safety precautions, famish and insull all guards cancer, for the prevention of
Accidents, comply with all laws and regulations with regard to safety recording, but without limiation, no
Orm,ratiorel Safety And Hands An of 1970 And All roles and regulations issued pursuant thereat.
Revised 032010