HomeMy WebLinkAbout425847 EXECUTIVE FORUM - PURCHASE ORDER - 9147078PO
PURCHASE ORDER 914707er Page
City. of PURCHASE
47078 1 of z
' `tCollins( This number must appear
` V on all invoices, packing'
sli s and labels.
Date: 12/02/2014
Vendor: 425847
EXECUTIVE FORUM
4600 S ULSTER ST, STE 525
DENVER CO 80237-2848
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/02/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i crucial conversation training
Inv. #8802 dated 11/25/14
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:
12
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 Fart Collins is exempt from scam 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 Statutes 1973, Chapter 39-26, 114 (a).
Goads Rejmtcd. GOODS REJECTED due to failure to or specifications, either when shipped or due IS defects of
damage in wnsil may be returned m you for credit ad are riot to be replaced except. upon receipt of "ten
instructions from the City of To" Collirss.
Inspection GOODS an subject o the City of Fort Collins initiation on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
ammnzed aryorm, on the part of the City Of Fon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures.
Freight Terms. Shipments must be F DID, City of Fort Collins, YW Wood St., Fort Collins, CO 80522, unless
otherwise specified an this order. If permission is given or prepay freight and charge separamly, the origined freight
bill must accompany invoice. Additional charges for pocking will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is
expected from the nearest distribution prim to demon ion, end excess freight will be deductd from Invoice when
shipments are made from greater distance.
Permits. Sell" shall procure at sellers sole cost all necessary pennies, certificates and licenses required by all
applicable laws, regulations, ordinances and mla of the state, municipality, territory or political subdivision where
the work is pedorned, or required by any other duly constituted public authority having junsdiceion over the work
of vendor. Seller further agrees 10 hold the City of Nor Collins harmless from arm agads, all liability aed loss
mounted by them by ream. of an asserted or esublished violation of my such laws, combatants, Sah., rules
and requiranenTs.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete malur ry 1. bind said pennes.
LIMITATION OF TERMS. This Purchme Order expressly limits acceptance to the tenses and conditions soured
herein see forth and any supplementary a additional moms and conditions annexed hereto or incorpamed herein by
rommuce. Any additional or different tents and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immedintely if you cannot make complete shipment to arrive on your
Promised delivery date ns nomd. Time is of the essence. Delivery and performance musT be effected within the time
stated on the purchase order and The documents attached hereto. No acts of the purchasers including, without
limitation, acceptance of partial late deliveries, hot[ .,cram as a waiver of this provision. In the event ofany delay,
The P... base, shall have, in addition to Other legal and equitable remedies, the option of placing this color elsewhere
and holding the Sella liable Car damages. Briscoe, the Seller shall art be liable far damages as a result of delays
due to causes not accountably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcied or military snfl orhies, promotional Routines, fires, snakes, Rood, epidemics, wars or
note provided [bat notice of the conditions causing such delay a given to the Purchaser within five (5) days of the
time when the Sella fiat received knowledge Nerst In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andNor other descriptions given, will be Et for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees Sr hold the purehascr harmless from any loss, damage or expense which the
Pu.chasa may seder or incur on account of the Sellers breach ofwarramy. no Seller shall replace, mpoir or make
good, without cost to the purchasers any defects or faults arising within tare (1) year or within such long" Rend of
time as may be prescribed by law or by the terror of my applicable warranty Provided by the Sella alter the dam of
acceptance of the good furnished hereenda (.Me. ant to be imax lily delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Accppance or eav of good by the Purchaser shall not
nstitute a waiver of any claim under this worrany. Except as otherwise provided in this parchow order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss 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 firms by Minor change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes 10 the I.. other than legal tams, including additions Ta or de[aiom form
the quantities originally ordered in the specifications or drawings, by radial or wrioen change order. If any such
change affects the amcum due or the time ofperhar ance hereunder, an equitable m1purment shall be male.
6. TERMINATIONS.
The Purchase, may at any Time by written change We, mmeidam this agreement as to any a all portions of due
good then not shipped, subject to any equitable adjustment forward the panics To to any weak or materials then in
progress Presided That the Purchaser shall not be liable for any claims for anticipated pmfim on the uncompleted
portion of the goods and/or work, for iucidenml or mnsaq romis) damages, and thin ten such djlrdment be made io
from of the Sella with r,,,ar many good which art the Sellers standard stock. No such mammalian shall relieve
the purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thiry, (30) days from the date the change or termination is
Ordered.
I. COMPLIANCE WITH LAW.
The Sella wmmnls that all good Sold hereunder shell have been produced, sold, delivered and fumished in train
compliance with all applicable laws ard regulations to which the goad rem subject- The Sella shall execute and
deliver such documents as nay be required to effect or evidence compliance. All laws add regulations required to be
incorporated in agreements of this character art hereby incorpommd herein by this reference. no Sella agrees to
indemnify and hold The Porch er homeless from all at, and damages suffered by the Purchaser as a result of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or compy this order, or any monies due or to become due hereuder without the
,nor wrduen mrsent fthe Saber Party,
10. TITLE.
The Sella warrants full, clear and unredricted tide To the Purchaser for all equipment, matedds, and I,,. firmishd
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay no
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Of a
breach the acceptance .for payment for goods herewda or approval ofthe design, shall not release the Seller of
My of the warranties or obligations of this purchase order and shall riot be, deemed a waiver of any right of the
pucherser to iruist upon strict performance hereufor 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 hrreuMon, rar shall any purported
oral modification or rescission of this purchase order by the Purchaser opaam as a waiver or MY of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitmst
tio violans arc in fact bome by the Purchaser. Thembom eI., good cause and ns consideration for esarmag this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaftn
acquired undo federal ar to antitrust laws for such ovenhargea relating to the particular good or lerviws
purchased or acquired by The Purtbssar pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming err defective goods by Is date in be agreed upan by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness m comply, the Pumbma
may to. the work to be pert rued by the most expeditious means mailable an it, and the Sella shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature
resulting from The performance of such work.
This somem shall apply even in the event of fault of negligedree of the parry refused and sMll exmral to the
direcmrs, officers and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemd to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PA3'ENTS.
Whenever the Seller is required to use tiny design, device, material or process covered by labor, patent, cademad
or copyright, the Seller shall indemnify aml save harmless the Purolator fmm any and all claims for infringement
by reason of the use of such palarred deign, device, mmerial or process in caw"tiw with the romman. and
Shall indemnify the Purchases for any cost, expense or damage which it may be obliged m Pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof Sr the intended eau of the goods, is in such Suit held to comforter infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prowre for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes naninfringing.
15. INSOLVENCY.
If rho Seller shall become insolvent or bardkmpt- make an assignment for rho beci ft of creditors, appoint a
reacivor or trustee for any of the Sellers property Or busitmss, this order may forhwilb b, canceled by the
Purchaser wirhout liability.
16. GOVERNTOG LAW.
The def nations of terms used a the intnprettrion fthe agreement and the rights of all parties hereunder Shall be
command under and govemed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in rases where the Seller is to perform work herewder,
including the services of Sellers Represenmtive(s), on the premise afother,
17. SELLERS RESPONSIBILITY.
The Sella shall carryon mid weak of Sellers own risk it the same is fully oompl"ed and arraded, and stall,
in rase of any accident, destruction or injury to the work and/or mammals before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When m tmals
and equipment are famishd by others for imtallmlon or "ection by the Sella, The Sell" shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials andmr equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide fro the payment of workers cnmprnmtion, including oaupadmal
disease benefits, To its employees employed on or in connection with the work covered by this purchase order,
andor 10 Their dependents in imeordame with The lases of the sou a in which the work is m be dose. Thc Sella
shall also carry comprehensive general liability including, but not limited TO. mntrraded and automobile public
liability insurance with bodily injury and death limits of at lead S300,000 for any one pemon, 551)gror for any
one accident and property damage limit per accident of $400,000, The Sell" shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before 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 cenifcme
That such comparmstioo and mormance have been provided. Such cenifirrow shall specify the date what such
mprnsmion and im.a have then provided Such certificates shall NaTB the date when such compematim
and imuradme expires. The Sell" agrees That such compaeamiw aM insurance shall be mainmMn until aR" the
entire work is wmpfnd and accepTd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respmesibibly and liability for any and all damage, lass or injury of my kind
or nature whatsoever to persons or property caused by or resulting form Ore r-rudJn ofIhO work provided for in
this purchase order or is connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees firm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persom or property TO which the Purchaser may
be Put or subject by reason of my not. action, neglect, omission or default on the pan of the Sella, any of his
annuitants or any of the &IRrs or contactors officers, agents a employees. In eau any suit or other
proceedings shall W bmught against the Purchas", or its nRcas, agents or employees at any time on acwum or
by reason of My as aznon, neglect, .mission or default of the Sella of any of his contractors or any of its a
their olā¢cers. agents or employees m aforesaid, the Seller hereby agrees to assume the defense Hereof and to
defend the mine at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other prceeedimp, and in case judgment or other lien be placed upon or
obaind Matter the property of the Purchaser, or said ponies in or as a result of such suits or other proceedings,
the Sella will a1 comet NO. the tame to he dissolvd and dnaftes id by giving bred or otherwise. The Sell" and
his contractors shall take all safety precautions, famish and install all guard recess ry for the Prevention of
accidents, comply with all laws and regulations with regard to Safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued p irmnnt Sherrie.
Revised 07Q014