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HomeMy WebLinkAbout451305 RB SLADE & ASSOCIATES - PURCHASE ORDER - 9145380Fort Collins Date: 09/17/2014 Vendor: 451305 RB SLADE & ASSOCIATES LLC 2013 LINDEN LAKE RD FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145380 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: 09/17/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price I RADICAL COLLABORATION TRAINING Invoice 551 dated 8/8/14 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 Total Pay terms net 30 days 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 Fan Collins is exempt from sure and local taxes. Our Exemption Number is 11. NON WAI V ER. 98-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regiueted with the Collector of Failure of the Pmebaser to unist upon strict parformanceI of the trans and conaitimrs hnmL failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 1 W (a). exercise any rights or mnin provided but by law, failure to promptly notify the Seller in me event of a breach, he acceptance of or paymeno for leads hereunder ar.Plarmi of oo design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of any of the ceramics or obligations of this produce, order amJ shall not he deemed a waiver of any right of the damage in trait, may be aerumnd to you for cut and are not an be replaced except upon reeeipr of written Purchaser to insist upon strict perfomamrce hereof., any of its rights or anomalies .,a any such goods, regardless imtructions fmm the city .f Fon Collins. of when shipped, received or accrytnd, ss to any prior or subsequent default hertuMer. nor shall any puape rhd oral mndifcation or rescission of this purchase order by the Purchase, operate as a waiver of any oath, tertm Inspection. GOODS arc subject to the City effect Collins inspection canonical. hereof. Fiat Acceptance. Receipt of the merthandfea, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. announced Payment on the pan of the City of Fan Collins. However, it is to be, understood dint FINAL Seller and die Purchaser recuperate unit in actual economic practice, overcharges resulting f antitrust ACCEPTANCE is diTeedcnt upon completim of all applicable raquirnd inspection procedures. violations are in fact home by the Purchaser. Tommanre, for good came and as consideration for executing this purchase order, the Seller nearby acsime, In sere Purchaser any and all claims i, may now have m hereafter Freight Terms. Shipments must be F.011, City of Fon Collins, 90o Wood St, Fort Collins, CO 80522, unless acquired under federal or state minister laws for such overcharges negating to the particular goods or services otherwise specified on this aide,. Upermission is given to prepay freight and charge separately, the origiwl freight purchased or acquired by Ne Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where munuf corers have distributing points in various pans of the 'Lem", shipment is expected fro in tba nearest distribution point to destination, and excess freight will bra deducted from Invoice when shipments arc made ,rum groner distance. Permits. Sella shall procure at sellers sole cost all necessary permits, cenifiwm and licenses acquired by .11 applicable laws, regulations, ordinances and roles of the store, municipality, territory or political subdivision where the work is performed, et required by any other duly mentioned public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fan Collins hatmless fee. and against all liability and lass endincurred d by them by mean of an asserted or established violation of any such laws, regulations, ordinances, rules requiremen6. Authorization. All panics to this contract agree unit are represenutives we, in fact, bona fide and pose ss full and omplae.,hour, to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated herein act forth and any supplementary or additional team and conditions annexed hereto or incorporated herein by reference. A, calghtioal we differenuerms and roMo. proposed by seller are objected to amg nearby ¢jetted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately trying carman make complete shipment to arrive on your promised delivery date as noted. Time is of the essat Delivery and pert ance mast be effected within the time sound on the purchase order and the documener macbM hereto. No acts of the Purchasers including. without limitation, acceptance of Partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, one Purchaser shall have, in addition to other legal and equitable,,media, the option of placing this order elsewl¢m and holding die Seller liable for damages. Howevea the Seller shall no, be liable for damages ss . resuh of delays due to onuses not reasonably fonesecable which are beyond its reasonable central and without its fault of negligence, such.cts ofGW, ads of civil or miliwy authorities, govananeoml pnoahies, fires, mikes. Rood, epidemics, wars or dons provided that notice of die conditions causing such delay is to die Purchaser within five (5) days of the time when the Seller ❑na received knowledge thereof. In die event of my such delay, the date of delivery shall be extended for the period egml to the time admelly lost by reason of nh, delay. 3. WARRANTY. The Seller warrants that all goods, miclea, materials and work covered by this order will conform with applicable drawings, speclianims, samples and/or other descriptions, given, will be ❑t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted surnsf rds for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, 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 good, without cast to the purchawq any defects or faults arising within one (1) year or within such longer penal of time as may be prescribed by Law or by the terms of any applicable warranty provided by the Seller an,, the it,,, of ecepu are of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumlshnd by the Seller. Accentuate or use of gods by the Purchaser shall not onstitule a waiver of any claim under this wrieng 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 wzmanries of guarantees, but such liability shall in an avnr include loss of prefix or loss of toe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purthver may make changes to legal terns by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may take any changes ro die toms. Daher than legal It., including additions m or deletions from me quantities originally occurred in the specifications or deawires, by strong or written change under. If any such change affects die ...out due or he time of orafommare hereunder, an equitable mljwdwgm shall be made. 6. TERMINATIONS. The Petitioner may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment berwcom the panics ss to any work or materials then in progms provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anchor work, for incidental or consequenrial 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 temnination shill relieve the Purchaser or the Seller army 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 be date the change or temtinnrim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold delivered and famished in said compliance with all applimble 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 ncm smanal in agreements of this character are hereby incorporated herein by this reference. The Seller agate go indemnify and hold the Purchaser homeless fmm all cost and damages srffaed by the Purchaser as a mull of the Sellers failure to comply with 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 written toward ofabe other party. 10, TITLE. The Seller warrants full, clear and umestdded fide to the Purchases for all aquipmmt, materials, and items furnished in pert race of this agreement, f and clear of any and all liens, restrictions, resmativa, instantly interest encumbrenca and claims of odours. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs are Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter induams its inability m unwillingness 1. comply, the Purchaser cony cause the word to be performed by the moss expeditious means available m it, and the Seller shall pay all costs rasrcimed with such work The Seller shall raguirse the Purchaser and its contractors of any tier from all liability and claims of any more resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's communist obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by rue Puchaer. 14. PATENTS. Whenever the Seller is rryuirN to use any design, device, material o, process covered by lever, parent, trademad r copyright, the Seller shall indemnify and save hamrl. the Purcti¢er from any mad all claims for infringemem by ag aeon of the use of such patented design, device, mmenal or poreass in connection with are samurai, and shall indemnify the Purchaser mar any cast expense or damage which a may be obliged to Pay by ream. fsuch infringement at any time during the prosecution or offer the completion of the work. In case said equipment, or any pan thereof or the invaded use of the goodl is in such suit held to constitute infringement and the use of said tyuipmenr or pan is enjoined the Seller shall, at its own expense and at its option, Indian procure for the purchaser the right to samwur using said equipmnt in Pans, replace the same with substantially ,gal but naninfringing equipment, or modify it so it becomes mninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a acocior or tmsme for any of die Sellers progeny 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 nglns of all patties hereunder shall be oamaed under and governed by the laws of the State of(Calomdo, USA. The following Additional Conditions apply only in where the Seller is Inpedman work hereunder. including the services of Sellers Represenutive(s), as the premises ofothera. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work .1 Sellers own risk can the some is fully completnd and aseepted, sad shall, in se of any accident, destruction or injury to the work stupor materials before Seller's final completion and acceptance, complete the work at Sellers own expense had to the suisfactlon of the Furcbasa. When materials and aluipment are famished by others for installation or erection by the Seller, the Seller shall receive, uNmd, store and handle same at the site and become responsible therefor as though such makdaks first/or equipment were being furvishnd by the Seller under die order. 18. INSURANCE. The Seller shall, at his a— expanse, provide for the paymmo of makes compensation, including occupational do. benefs, an its employees employed on or in connection with the work covered by this purchase order. andror an their dependener In accordant, with the laws of the state In which sere work is to be dare. The Sella shall also may comprehensive general liability including, but not limited to, conamcaml and auromobile public liability wsurance with bodily injury and death limits of at least 5300.000 for any one person. S50g000 for any one accident and property, damage limit per accident of Sg00,000. The Seller shall likewise range his contractors, if any, to provide fur such compaection and insurance. Before any of the Sellers or his connectors employees shall do any work upon the premises of orders, the Scller shall famish the Purchaser wish a cerofcate that such com wermaim and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compeaadm and insurance expires. The Sella agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far say and .11 damage, loss or injury of any kind or stare whatsoever to persons or property caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Puch ram, officers agents and employees from and against any and all claims, losses, damage, 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 contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on cannot or by reason of any act, action, neglect, omission or default of die Seller of any of his customers or my of in or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense uaefin f and to defend me same at the Sellers awn silence, to pay any and all costs, charges, attorneys fees and other expense, any and all judgments that may he incurred by or obtained against die Purchaser or any of its or then officers, earner or employees in such suits or other pmccndings, and in case judgment or other lim be, placed upon or obtained against as, property of the Purchssn, un said panics in or as a result of inch suits or other proceedings, the Seller will at once vase the same to ho dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guarts necessary for the psmi ntion of aacidever, comply with all law, and rcgulatiom with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all ales and rtgugatlom issued stro m, therm. Revised lfln( i