HomeMy WebLinkAbout103776 AIMS COMMUNITY COLLEGE - PURCHASE ORDER - 9950232 (2)Date: 12/4/2009
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
1 1 LOT
1 LOT
CPR, AED, & First Aid Training
2-Day Program
Fee: $1,500 per Day
Per Letter of Agreement dated 12/08/08.
Total dollar amount changed 11/25/09 from $3,000 to $2,000
per email request from Joan Busch.
Vendor changed from Success Systems Inc. (supplier # 581343)
to Aims Community College (supplier# 103776) plus training
discription changed per 12/02/09 email request from Kara Smith in HR.
2 1 LOT
1 LOT
,►ten 1 S O / P-4A
Handling Conflict Training
City of Fort CqffinDirector of Purchasing and Risk Management
This order is dulhalid 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
2,000.00
Total $2,000.00
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 from state 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).
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 written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on ❑viva
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized
payment on the pail of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tents. Shipments must be F.O.B., City of Foil Collins, 700 Wood St.. Foil Collins. CO 80522. unless
otherwise specified on this order. I f permission is given to prepay fi-eight and charge separately, the original fieight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pals ofthe country. shipment is expected
fionm the nearest distribution point to destination, and excess height will be deducted from Invoice when shipments are
made fi oat greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required byall applicable
laws. regulations. ordinances and rules of the state, nmmnicipality, ten itory or political subdivision where the work is
performed, m required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fon Collins harmless f}om and against all liability and loss incurred bythentby
reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term and conditions stated herein
set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference.
Any additional or different tents 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 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, shall operate as a waiver of this provision. III the event of any delay, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller 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 of civil or military authorities, governmental priorities fires, stt ikes. flood, epidemics. wars or riots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the Tillie
when the Seller first received knowledge thereof. In the event of any such delay, the date ofdeliveryshall be extended
for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit tin the purposes intended. ;md perfomncd
with the highest degree of care and competence in accordance with accepted standards lie work of a similar nature.
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 m make good. without cost to the
purchaser, any defects or faults raising within one (1) year or within such longer period of time as may le prescibed by
law or by the temps of any applicable warranty provided by the Seller Litter the date of acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed), resulting from innperfeet 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
clainn undo this warranty. 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 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. CHANCES IN LEGAL TERMS.
The Purchaser may make changes in legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tents, including additions to or deletions fronn 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 hereunder, an equitable adjusmmem shall be Oxide.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the 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 claims for anticipated profits on the unconnpleted portion of the
goods and/or work, for incidental or consequential damages, and that no such adjustment be mmade in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such tennination 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 from the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict
compliance with all applicable 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
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamless'fi'onn all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XX V I I I of the Colorado Constitution ("Article XX V I I I"), then the provisions of Section 15 of Article XX V I I I
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) ofAnicle XXVII I intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor'] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, or any nnonies (file or to become clue lie]eundc without the
prior written consent of the other party.
10, TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in
performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and clains of others.
11. NONWAIVER.
Failure of the Porchaser to insist upon strict performance of the tents and conditions hereof, failure or delay to
exercise any lights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach,
the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the
war antics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser io insist
upon strict performance 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 hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchuser operate as a waiver of any of the terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are
in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to time Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws for such overcharges relating to the panicular goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Iurchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be perfornned 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 ofanytier front all liability and claims ofany nature resulting
from the perfiinance of such 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 contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such
work is performed m caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or
copyaight, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infiingemcn[ by reason
of the use ofsuch patented design. device, material or process in connection with the contract, and shall indemnify the
Purchaser fin any cost, expense or damage which it may be obliged to pay, by reason of such infringement at anytime
during the prosecution or after the completion of the work. In case said equipment, or any pail thereof or the intended
use of the goods, is in such suit held to constitute infi ingennent and the use of said equipment m pat is enjoined, the
Sellcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or pans. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
non-infi'inging.
15. INSOLVENCY.
If the Seller shall becomee insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or
it for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
'file definitions of tents used or the inteipretation of the agreement and the riglus of all pities hereunder shall be
construed under anal govenned by the laws of the State of Colorado, USA.
"I"he fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representitive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cant' on said work at Sel lei's own risk until the same is filly completed and accepted, and shall, in case
of any accident. destruction or injury m the work and/or materials before Seller's final completion and acceptance,
mplete the work at Sellcr is own expense and to the satisfaction of the Purchaser. When materials and equipment are
furnished by others for instillation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible therefor its though such materials and/or equipment were being furnished by the Seller
uncle' the order.
18. INSURANCE.
The Seller shalh at his own expense, provide fo'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'
comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property
dtunage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the
premises of others, the Seller shall fiumish 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 provided.
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 assunnes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting fi onn the execution of the work provided for in this
purchase order or in connection herewith. The Seller will indennify and hold harmless the Purchaser and any or all of
the Purchasers officers, agents and employees from and against any and all claims, losses, 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 contractors, or any 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 m employees at any time on account or by reason of any act, action, neglect, onission
In r default of the Seller 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 same at the Sellers own expense, to pay may anti
all costs, charges, attonmeys fees and other expenses, any and alljudgnlents that maybe 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
judgment or other lien be placed upon or obtained against the property of the Purchaser, m said parties in orm aresult
of such suits m other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond
or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessay 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 riles and regulations issued pursuant thereto.
Revised 04/2009