HomeMy WebLinkAbout103776 AIMS COMMUNITY COLLEGE - PURCHASE ORDER - 9950232Date: 12/8/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9950232
Delivery Date: 1/9/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description✓ Extended Price
3 1 LOT / 1,000.00
Addendum to PO# 9950232 /
AdditionarTraining
Line 3 added per 12/07/09 email request from Kara/Smith in HR.
Total
City of Fort CYffinO Director of Purchasing and Risk Management
This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO
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
$1,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS -
Tax exemptions. By statute the City of Fort Collins is exempt fi our state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Regisry 84-o0005S7 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 1 14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications" either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of "linen
instructions from the City of Foil Collins -
Inspection. GOODS are subject tothe City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services m equipment in response to this order can result ill ❑uthonzedl
payment on the prat of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection In nsedures-
Freight Tentts. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge sepaately. the original freight bill
must accompany invoice. Additional charges for packing will not be accepted
ShipmentDistance. Where manufacturers have distributing points in various parts oft Ile country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted frnnn Invoice when shipments are
made from greater distance.
Permits. Sellershall procure at sellers sole cost all necessary permits. certificates and licenses required by:ll applicable
laws, regulations, ordinances and rides ofthe 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 further agrees to hold the City of Fort Collins harmless frond and against all liability and loss incurred bythcnr by
reason of an asserted or established violation of any such laws, regulations. ordinances, rules and re 1 enoanis.
Authorization. All parties to this contract agree that the representatives are. in fact. bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein
set forth and any supplementaryor additional terns and conditions annexed hereto or incogxrrued herein by reference.
Any additional or different tem s and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected m ,ithin the tittle
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpatial late deliveries, shall operate as a waiver of this puxlvision. In the event ofany delay, the
Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this outlet elsewhere anti
holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due In
causes not reasonably foreseeable which are beyond its reasonable conu-ol and without its fault ofnegligence, such nets
of God, acts of civil or military nuthorities, governmental priorities, fires. strikes, flood. epidemics, wars orriots
provided that notice ofthe 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 ofany such dteluy. the date ofdelively shall be emended
for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller watants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perhtr»ed
with the highest degree of care and competence in accordance with accepted standards for work of a similar online.
The Seller agrees to hold the purchaser harmless fiom any loss, damage or expense which the Purchaser noay suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults arising within one( 1) year or within such longer period of time as may Ix prescrib d by
law or by the terns of any applicable wartanty provided by the Seller after the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under this wananty. Except as otherwise provided in this put chase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any of the fin egoing wall anties or guat antees. but such
liability shall in no event include loss of profits or loss of use. NO IMPIJED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal teens by written change ordcu:
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser maymake anychanges to the terms, other than legal terns, including additions to or deletions from the
quantities originally ordered in the specifications or drawings, by verbal or mvritten change order. If anv such change
affects the amount due or the time of performance hereunder, air equitable adjusuuent shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any of all portions ofthe goods
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 clains for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment Ix made in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days front the date the cluurge or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller wan ants that all goods sold hereunder shall have been pi oduced. sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods it subject- The Sel lei shall execute and deliver
such documents as may be required to efTeet or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character ae hereby incolportned herein by this reference- The Seller agrees to
indemnify and hold the Purchaser' harmless from all costs and damages suftered by the Iurchaser as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source governnneat contract" within the meaning of
Article XXVI11 ofthe Colorado Constitution ("Article XXVIII" ), their the provisions of Section 15 of Article XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) ofArtiele XXVIII intentionally violates Section 15 or Section 1712) of
Article XXVIII, then the [Conti actor] agrees it shall be ineligible to hold any sole source goverunent contl ter, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other petty.
10. TITLf_.
l'he Seller warrants fill. clear and unrestricted title to the Purchaser for all equipment materials, and i[ens fiunished in
per(ixnnance of this agieement. fiee and clear of any and all liens, restrictions, reservations. security interest
eneunlbrances and claims of others.
1 I. NON\\'AIVER.
Failure of the Purchaser to insist upon strict_perfonnunee of the terns and conditions hereof, failure m delay to
exercise any u ights or renneciies provided herein or bylaw, fiilttre to promptly notify the Seller io the event of a breach.
the acceptance of or payment fin goods hereunder or approval oftlte design, shall not release the Seller of any of the
wanent ies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon strict performance hereof or ,my of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted. as to any prior or subsequent default hereunder, not shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any ofthe tents hereof,
12. ASSIGNMENT OFANTITRUST CLAIMS.
Seller and the Purchaser recognize dot in actual economic practice. overcharges resulting front antitrust violations are
in tact borne by the Purchaser- Theretofore. for good 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 hereafter acquired under federal or state
,antitrust Inws tilt such overcharges relating to the particular goods or services purchased m acquired by the Purchaser
pursuant to this purchase order,
13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by it date to be agreed upon by the
Parchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser roily
cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors ofany net boor all liability and claims of any nature resulting
frond the per of such work.
Phis release shall apply even in the event of fault ofnegligence ofthe party released and shall extend to the directors_
officers and employees ofsuch party.
The Seller's conn-aetual obligations, including mvananty. shall not be deemed to be reduced, in any way, because such
work is pet conned or caused to be perforated by doe Pl1l'cha5ee
14, PATENTS.
Whenever the Seller is required to use any design, device, material m process covered by letter, patent, trademark or
copyright the Seller shall indemnify and save harmless the Purchaser fi our any and all clams for infiingement by teason
ofthe use ofsuch patented design, device, material or process in connection with thecontract, and shall indemnify the
Purchaser fin any cost. expense or damage which it may be obliged to pay by reason of such arc ingennent at anytime
during the prosecution or after the completion of the work. In case said equipment, or any pat thereof or the intended
use of the goods- is in such suit held to constitute infiingement and the use of said equipment or part is enjoined, the
Seller shall at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipmenl or pans, replace the sunme with substantially equal but non-infiinging equipment, or modify it so it becomes
limn-infl inging.
15. INSOLVENCY.
If the Seller shall become insohent or bankrgri, make an assignment for the benefit ofcreditors, appoint a receiver or
trustee fur any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement and the rights of all pities hereunder shall be
construed under and governed by the laws of the Stile of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s). on the premises of others.
17. SELLERS RESPONISIBILI T Y.
The Seller shall cant' on said work at Seller's own risk until the saute is fully completed and accepted. and shall, incise
of arty accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
omplete the work :it Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are
ftu-nished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished bythe Seller
under the order.
I S. INSURANCE.
The Seller shall. at 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, and/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant'
conoprehensive general liability including. but not linnitel to. contractual and automobilepublie liability insurance with
bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property
damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors emnployees 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 insurance have been provides.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be 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 for any and all damage, loss or injury of any kind or
nauu-e whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith- The Seller will indemnify and hold harmless the Purchaser and any m all of
the Purchasers officers, agents and employees Gone and against any and all clains, losses, damages. charges or
expenses. whether direct or indirect. cold whether to persons or properly to which the Purchaser may be put or subject
by reason of any act action, neglect, omission or default on the pan ofthe Seller. any ofhis contractors. or anv ofthe
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 anytime on account m by reason of any act, action, neglect omission
m default of the Seller of ally of his connectors or any of its or their officers. agents or employees as aforesaid, Lite
Seller hereby agrees to assunne the defense thereof and to defend the same at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and alljudgtnents 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
judgnnent (it other lien be placed upon or obtained against the property ofthe Purchaser, m said patties in or as aresult
ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and dischargedbygivingbond
m otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryfor
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 rules and regulations issued pursuant thereto.
Revised 04/2009