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Home My WebLink About426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9111949Fort Collins Date: 04/08/2011 Vendor: 426136 MES - ROCKY MOUNTAINS 4081 S ELIOT ST ENGLEWOOD Colorado 80110 PURCHASE ORDERPO 911194er Page 111949 1°f2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 04/07/2011 Buyer: ED BONNETTE Note: PRICING PER #7134 BUNKER GEAR FOR PFA CONTRACT WITH MES. ($1648.00/SET); INV #00221932_SNV 2/28/11. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Bunkergear new recruits City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasmg@fcgov.00m 1 LOT LS 11,536.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Terms and Conditions 1. AUTHORITY. This Training Order is issued by the State of Colorado, Department of Higher Education, by the State Board for Community Colleges and Occupational Education, for Front Range Community College (College). 2. INDEPENDENT CONTRACTOR. College and Customer each shall act as independent contractors in the performance of this Training Order. Neither parry shall act as agent for or partner of the other party for any purpose whatsoever, and the employees of one party shall not be deemed the employees of the other party. Nothing in this Training Order shall be construed to grant either parry the right to make commitments of any kind for or on behalf of the other party without prior written consent of the other party. 3. CONFIDENTIALITY. It may be necessary for the parties to disclose proprietary information to each other pursuant to this Training Order. Information that is proprietary shall be clearly identified or labeled as such by the disclosing party at the time of disclosure to the extent possible. College and Customer agree that they will hold such proprietary information confidential in the same manner as each holds its own proprietary information of like kind. Disclosures of such information shall be restricted to those individuals who are directly participating in the work related to the Training Services. Neither party shall be liable for disclosure or use of such information marked as proprietary which: 1) was at the time of receipt otherwise known to the party receiving it; 2) has been published or is otherwise within the public knowledge or is generally known to the public at the time of its disclosure to the receiving party; 3) subsequently is developed independently by the receiving party or by persons having nothing to do with the Training Services; 4) becomes known or available to the receiving party from a source other than the disclosing party without breach of this Training Order by the recipient; 5) becomes part of the public domain without breach of this Training Order by the recipient; 6) becomes available to the receiving party by inspection or analysis of products available in the market; 7) is disclosed with the prior written approval of the other party; or 8) was exchanged and five years have subsequently elapsed. 4. LIABILITY. College and Customer agree to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. Notwithstanding any other information contained in this Training Order to the contrary, no tern or condition of this Training Order shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided to College and the State of Colorado (State) under the Colorado Governmental Immunity Act (including, without limitation, any amendments to such statute, or any under any similar statute which is subsequently enacted). Customer understands and agrees that liability for claims for injuries to persons or property arising out of the negligence of College and State is limited by the provisions of 24-10.101, et seq., C.R.S., as amended and 24-30-I501, et seq.. C.R.S., as amended. Any provision of this Training Order, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of College and State to the above cited laws. 5. INSURANCE. If insurance is required by Customer, College shall have the right to provide such under a self insurance program or to provide such insurance through an insurance company. With respect to general liability, Customer recognizes that College and State are covered under a self insurance program in accordance with the provisions of the Colorado Governmental Immunity Act. 6. COMPLIANCE WITH LAWS. College will comply with all applicable Federal and State laws, codes, regulations, rules and orders. 7. OWNERSHIP. College shall hold right of copyright to all manuscripts, lectures, videotapes, recordings, and other instructional tools which are produced and/or used in the delivery of the Training Services. 8. PUBLICATION BY CUSTOMER. Customer will not include the name of Front Range Community College in any advertising, sales, promotion or other publicity matter without the prior written approval of College. 9. GOVERNING LAWS. The laws of the State of Colorado shall govem the interpretation of this Training Order. 10. TERMINATION. This Training Order may be canceled or postponed by College or Customer upon written notice delivered to the other party at least thirty (30) calendar days prior to the commencement of the training described in this Training Order. Notice must be given to designated College Representative (if to College) or Customer Representative (if to Customer). In the event cancellation or postponement of a Training Service by the Customer should occur less than thirty (30) calendar days prior to the start date of the training, Customer shall pay College as follows: (i) if training is canceled, fifty percent (5001) of the Training Services Fee related to the canceled Training Services, or (ii) if training is postponed, twenty-five percent (25%) of the Training Services Fee related to the postponed Training Services. The training will be considered postponed if it is rescheduled to begin within a thirty (30) calendar day period and will be considered canceled if not rescheduled within thirty (30) calendar days. 11. Consulting Agreement signed by instructor will further define Ownership of Work, including proprietarymethods, photographs and other intellectual property owned by Client. //9Lnl� �. Signature of Customer Representative �7-�- Name of Representative (please print) d/r— /Y iCE�� /I Date