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HomeMy WebLinkAbout462625 PEAK LEADERSHIP CONSULTING LLC - PURCHASE ORDER - 9143550 (2)PO PURCHASE ORDER 914355er Page C117/ of PURCHASE 43550 1012 ' `tCollins( Thisnumbermustappear V ` on all invoices, packing �slips and labels. Date: 11/28/2014 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 3 Addendum to PO 1 LOT EA 21,000.00 Additional Funds City of Fort Collins Director of Purchasing and Risk Management This order is not valid over E5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 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 DE All . Tax co mpfions. By statute the City of Few Collins is exempt downstate add local taxes. Our Exemptim Number is I I. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, random or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39R0, 114 dd) exercise any rights or remedies provided ladmin or by law, failure m promptly nutify the Seller in the wens of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not releaze the Seller of Goods R jaded. GOODS REJECTED due to failure N to specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall act be deemed a waiver or my right of the damage in transit, may he retuned to you far credit and are not to be replaced except upon receipt of written purchaur to insist upon strict performance hermfor my of its rights or whadiesas to my such goads, regardless instructions from the City of Fort Collins. of when shipped, namivad or accepted, as m any prior or subugnow default hereunder, nor shall my purported oral nwdificatian or rescission of Nis purchase oNer by the Purchaser operate as a waiver of may of the terms Inspection. GOODS are subject d the City of`Fwt Collins inspection on artixal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in ¢spore to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoneed payment on the par of the City of For Collins. However, it is to be understood Nat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm summit ACCEPTANCE is dependent upon completion ofall applimblervyvired inspection procedures. violations are in fact home by the promised. Therchoksm,fogood came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments ..at be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under radical or sae antitrust laws for such overcharges relating an the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to Nis purchase ordw bill mast account invoice. Additional charees for omkine, will not be arecomd. Shipment Distance. %Mort manuf.c.m have distributing points in variaas pats of the country, shipment is expected from the nmrest distribution point to destiwrion, and excess freight will be deducted from Invoice when shipments are made farm grave distance. Permits. Seller shall prswvre at sellers sole cost all nec user, perms¢, emificads and licenses required by all applicable laws, regulations, n ducha es and rules ofthe state, municipality, territory or political subdivision where the work is pafrmal, or required by any other duly constituted public authority having jun alichou over the work of vendor. Seller harder agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of an assured or established violation of any such laws, regulations, ordicmncw, rules and r quiremeas. Authoritarian. All parties to this contract agree But the representatives are, In find, New fide and pas. ss NII and mmplide authority m bind mid pansies. LIMITATION OF TERMS. This Purchase Order apresaly limits acceptance m the it. and mnditimis stored herein set forth and any supplementary or additional terms and conditions amazed hereto or incoryocatcd herein by reference. Any additional or different terms and conditions proposed by seller an, objected to and hereby jetted. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date ss noted. Time is of the exaenca. Delivery and performance must be efrectad within the time stated an the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of purist late deliveries, shall operate as a waiver ofthis Pmvixioa In the event army delay, the Purchase shall have, in addition to other legal and equitable remedies, the option ofptad, this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be, liable for damages as a result of delays due to canes not reasonably foresemble which e c beyond its reasonable control and without its fault of negligmee, such acts of God, acts ofcivil or military authorities, commerical pn..hes, Gres, strikes, Bood, epidemics, were or fiats provided that notice of the conditions causing 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 dale of delivery shall be atendal for the period equal to the time actually lost by rmmn ofthe delay. 3. WARRANTY. The Seller warmam that all goods, articles, wwwm4 and work cos'ered by this order will conform with applicable drawings, spdificatitns, samples mdtor other descriptions give, will be fil far the Purposes imeMed, and performed with tad highest degree of are and arrogance in wco me wild accepted standards for work of a similar moue. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or inem on account of the Sellers breach ofavarmV. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults wising within one (I) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the gaols fumished hereunder (mceptmcs not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Sella. Acceptance or we of goads by the Pumhaser shall not owtimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, lde Sellers liability barmaid shall extend to all damages proximately radial by the breach of my of the foregoing wamnties or guarantees, but such liability shall in no new include loss ofpcifiu or loss of we 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 order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hercmder, an equitable adjnumentshall be it,. ti. TERMINATIONS. The Purchaser may at any lime by wnnen change order, terminate this agreement as to any or all partiodi of the goad then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profis con the uncompleted punion of the goods and/or work, for incidental or construction] damages, and that no such adjustment be made in favor of the Seller with respect to any good which art the Sellers standard stock. No such tarn ination shall relieve the Purchased or the Seller of any of their obligations as to any gaud delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast he asserted within thirty (30) days from the dale the change or termiwtion is ordered. E. COMPLIANCE WITH LAW. The Sella warrants that all good sold handmaid shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods the subpar. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to SO incorporated in agreenecom of this character are hereby incmpoaed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fraud all costs and damages coffered by the Purchaser as a minor of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pad, shall assign, transfer, or dmv y this order, or my mania due or to become due hereundd without the ,no, written mascot ardor order party. 10. TITLE. The Seller warrants full, clew and uarestnded title to the Purchaser fin all equipment, hate ials, and items burnished in performance of this agreement firm and clam of any and ell liens, resttic teas, reservalions, security interest encumbrances and claims trainers. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to corner muconfmming or defective goods by a date to be agreed upon by the Purchaser and Has, Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may nose the work to be performed by the most expeditious means available to it, and the Seller shall pay ell costs resonated 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 paramount afsuch work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the directors, officers and employees afsuch parry. The Sellers contractual obligations, including waranty, shall and be deemed to b, caused, in my way, because such work is pert ed or caused to ed performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to am any design, device, material or process covered by Inter, patent, trademark or copyright, the Seller seal I indemnify and save harmless the Purchaser from 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 m pay by reason afsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my pent thermf or the intended use of the goods, is in such suit held to constitute impingement and she use of said equipment or part is enjoined, the Seller shall, at its own expense anal at its option, either procure for she Purchaser the right to continue using said equipment or pasts, replace the same wild substantially equal but mninGnging equipment, or modify it so it becomes noninGinging. 15. INSOLVENCY. If the Seller shall become insolvent or boost make an assignment for the benefit 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 ofterms mud or the interpretation ofthe agreamm and tad fights of all panics hereunder shall be coastrved weaker and govcmed by the Uwe of the Smte of Colo.&, USA. The following Additional Conditions apply Only in cases where the Sella is to perform work hwmwJd, including the services of Sellers Re mmnmtive(s), on the premises oforhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, n eau of any accident, destruction or injury to the work enNor materials before Sellers fiml completion and acceptance, complete use work at Sellers own expense and to the satisfaction of the Nodded. When materials and equipment are fumished by others fen installation m erection by the Seller, the Seller shall receive, unlwd, since and hurdle same at the site oral become responsible therefor as dough such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, in 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 order, surfer to their dependents in accordance with the laws ofthe slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability uniumance with bodily injury and death limits of at least 5300,001 for any one person, S5W," for any comaccident and pmpeny damage limit per accident of 5400,000. The Seller shall likewise require his mcrons, if any, to provide for such wmpewation and academic. Ben any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall firmish use Produced with a certificate dun such compensation and imsdmnce have ban provided. Such re Arenas shall specify the date what such compensation and insurance have been provided. Such artifiates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maimaieed aril and the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire msponedift ity and liability fen my and all damage, loss or injury army kind or nature wha delver to dowas or pmpeny caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith no Sella will indemnify and bold harmless the Purchaser and any fir all of the putchasm riirds, agents and employees farm and against my and all claims, losses, damages. charges or expenses, whether direct or indicter, and whether as perms an property, to which the Purchaser may be put a subject by reason of any -1 action, neglat, omission or &feel, on the pm of the Sella, any of his contNetars, or my of the Sellers or contractors officers, agents or employees. In ease my suit or other proceedings shall be bought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, imdar, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the more at the Sellers awn expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judpfincnts that may be incurred by or obtained against the Pmchad or any of its or their officers, agents or employees in such sails or octet proceedings, and is eau judgment or other lien be placed upon or admitted against the property of the Pmebaer, or said parties in or as a result of such suits m other praeedings. the Seller will in one cause the same to h dissolved and dischatged by giving bond or otherwise. The Sella sad his conaa-tors shall take all safety pcteeutions, furnish and issued all guards necessary for fee prnention of accidents, comply wild all laws and regulations wild regard to safety including, but without limitation, the Occupational Safety and Hold Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 070014