HomeMy WebLinkAbout462114 ROCKY MOUNTAIN STUDENT MEDIA CORP - PURCHASE ORDER - 9115524Fort Collins
Date: 09/21 /2011
Vendor: 462114
PURCHASE ORDER
Ship To
ROCKY MOUNTAIN STUDENT MEDIA CORPORATIO
CSU LORY STUDENT CENTER BOX 13
FORT COLLINS Colorado 80523-8038
PO Number Page
9115524 'of'
-
This number must appear
on all invoices, packing
slips and labels.
TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS Colorado
Delivery Date: 09/20/2011 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Transfort BusAdvertising-Print
In CSU Collegian Newspaper
Per Rocky Mountain Student Media Invoice dated 08/31/11
1 LOT LS
EPLS search completed.
Vendor selected to reach Colorado State University (CSU) student population.
3,389.02
The following Federal Transit Administration (FTA) Contract Clauses apply, details attached:
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
3. ACCESS TO RECORDS AND REPORTS
4. FEDERAL CHANGES
5. TERMINATION
6. CIVIL RIGHTS REQUIREMENTS
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
10. ENERGY CONSERVATION REQUIREMENTS
Federally Required Contract Clauses for Purchases where only a Purchase Order is used as the contracting
mechanism.
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser Contractor, or any other party (whether or not a party to
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 1 of 1
David Carey
From:
Karl Gannon
Sent:
Wednesday, September 14, 2011 3:01 PM
To:
David Carey
Cc:
Jim O'Neill
Subject:
RE: Advertising Question
Attachments: ICE - Advertising - RMSM.xls
Here you are David....
From: David Carey
Sent: Wednesday, September 14, 2011 2:55 PM
To: Karl Gannon
Subject: RE: Advertising Question
Please send for review by Jim and I. Thanks.
From: Karl Gannon
Sent: Wednesday, September 14, 2011 1:09 PM
To: David Carey
Subject: Advertising Question
Hi David,
we recently spent $3,389 with Rocky Mountain Student Media for bus advertising (print). I'm going to
attach an ICE with past same -vendor pricing data. Will this be sufficient for your purposes? - not really
sure how to justify choosing one publication over another.
Thanks -Karl
9/20/2011
OW&
FOB-, t��iins Independent Cost Estimate
Date of Estimate: 8/1/2011
Contract Type:
Existing Contract or PO(Y/N): N
Description of Goods (A) or Services (a): Print advertising - Rocky Mountain Student Media -The Collegian
I have obtained the following estimate from;
Published Price List / Past Pricing (date) 8/31/2010 & 4/30/2010 & 9/30/09
Engineering or Techincal Estimate (performed by)
Independent Third Parry Estimate (performed by)
Other (speciliy)
Cost Estimate Details:
(Estimate calculated in US Dollars)
Cost of Standard items
Description
Cost(/ea)
Cost($/ea)
Notes/Dam Source
Delivered
161 Increase
6x20 Color
Advertisement 1201nc es
$ 659.00
$ 672.18
3 x 10 Color
Advertisement /30 Inches
$ 267.50
$ 272.85
6x 1.5 Full Color Advertisement /91nches
$ 154.00
$ 157.08
4 x 8 Colour Advertisement / 321nches
$ 242.00
$ 251.78
B Estimate displays past pricing data from same vendor- actual location and timing may alter pricing
Title: Transfort Bus Print Advertising - Rocky Mountain Student Media
Date: September 19, 2011
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
See attached I.C.E. dated 8/1/11
independent cost estimate before receipt of
proposals.
10) Unnecessary Experience and
Excessive Bonding
Unnecessary experience and excessive
No
bonding requirements were not included in
this solicitation or contract documents.
11) Organizational Conflict of
Interest (OCI)
If there is an apparent or potential OCI the
solicitation contains provisions to eliminate or
mitigate the conflict (e.g. by inserting a clause
No
that prohibits the contractor from competing
for the follow-on contract to the current design
or research contact) and OCI Certification is
submitted by the contractor.
12) Arbitrary Action
There was no arbitrary action in the
procurement process. (An example of
arbitrary action is when award is made to
No
other than the contractor who most satisfied
all the City requirements as specified in the
solicitation and as evaluated by staff.
13) Brand Name Restrictions
Brand Name or Equal. When it is impractical
or uneconomical to provide a clear and
accurate description of the technical
requirements of the property to be acquired, a
"brand name or equal" description may be
used to define the performance or other
salient characteristics of a specific type of
property. The City must identify the salient
characteristics of the named brand that
No
offerors must provide. When using a "brand
name" specification, the City does not need to
reverse -engineer a complicated part to
identify precise measurements or
specifications in order to describe its salient
characteristics. FT A's "Best Practices
Procurement Manual," (BPPM) contains
additional information on preparation of
specifications including examples with
specific language.
14) Geographic Preferences
The solicitation contains no in -State or local
No
geographic preference except where Federal
statutes mandate or encourage them.
15) Contract Term Limitation
The contract period of performance for rolling
stock and replacement parts does not exceed
five (5) years inclusive of options without prior
No
written FTA approval. For all other types of
contracts, the procurement file contains
evidence that the contract term is based on
sound business jud ment.
18) Award to Responsible
Contractor
The City made a determination that it was
awarding to a responsible contractor
considering such matters as contractor
integrity; compliance with public policy, record
of past performance, and financial and
1. Y
technical resources.
2. Y
1. Appropriate Financial, equipment, facility
3. Y
and personnel. (Y/N)
4. Y
2. Ability to meet delivery schedule. (Y/N)
5. Y
3. Satisfactory period of performance. (Y/N)
4. Satisfactory record of integrity, not on
declined or suspended listings. (Y/N)
5. Receipt of all necessary data from
vendor. (Y/N)
19) Sound and Complete Agreement
This contract is a sound and complete
agreement. In addition, it includes remedies
P.O. # 9115524 Issued.
for breach of contract and provisions covering
termination for cause and convenience.
24) Clear, Accurate, and Complete
Specification
A complete, adequate, and realistic
specification or purchased description was
Yes
available and included any specifications and
pertinent attachments which define the items
or services sought in order for the bidder to
property respond.
38) Sole Source if other Award is
Infeasible
The contract file contains documentation that
award of a contract was infeasible under
small purchase procedures, sealed bids, or
competitive proposals and at least one
1. Vendor selected to reach
of the following circumstances applies:
(1) The item was available only from a single
Colorado State University
source. (Verify prices are no higher than price
(CSU) student population
for such item by likely customers.)
by advertising in vendors
(2) Public exigency for the requirement did
"CSU Collegian"
not permit a delay resulting from a
competitive solicitation.
newspaper P
publication.
(3) An emergency for the requirement did not
permit a delay resulting from a competitive
solicitation.
(4) The FT A authorized noncompetitive
negotiations.
(5) Competition was determined inadequate
after solicitation of a number of sources.
6 The item procured was an associated
capital maintenance item (as defined in
49U.S.C., Paragraph 5307 (a) ( 1) that is
procured directly from the original
manufactured or supplier of the item to be
replaced and the grantee first certified in
writing to the FT A: (i) that such manufacturer
for supplier is the only source for such item;
and (ii) that the price of such item is no higher
than the price paid for such item by like
customers.
39) Cost Analysis Required
Cost analysis and profit negations were
Yes.
performed (initial award and modifications)
And documented for price reasonableness
See ICE dated 8/1 /11 comparing
was established on the basis of a catalog or
cost to previous advertisement
market price of a commercial product sold in
rates.
substantial quantities to the general public or
on the basis of prices set by law or regulation.
40) Evaluation of Options
The option quantities or periods contained in
the contractor's bid or offer were evaluated in
order to determine contract award. (To be
N/A
eligible for Federal funding, options must be
evaluated as part of the price evaluation of
offers, or must be treated as sole source
awards.
42) Written Record of Procurement
History
The file contains records detailing the history
of this procurement. At a minimum, these
records include:
(1) the rationale for the method of
Yes.
procurement,
(2) Selection of contract type,
(3) reasons for contractor selection or
rejection, and
4 the basis for the contract price.
43) Exercise of Options
The grantee exercised an option on this
contract adhering to the terms and conditions
of the option stated in the contract and
determined that the option price was better
N/A
than prices available in the market or that the
option was a more advantageous offer at the
time the option was exercised.
If an option was not exercised under this
contract, check NA.
44) Out of Scope Changes
The grantee amended this contract outside
the scope of the original contract. The
amendment was treated as a sole source
N/A
procurement (complying with the FTA
requirements for a justification, cost analysis
and profit negotiation).
45) Advance Payment Provisions
The contractor did not receive an advance
payment utilizing FTA funds and the contract
N/A
does not contain advance payment provisions
or, if it did, prior written concurrence was
obtained from FTA.
46) Progress Payment Provisions
The contract contains progress payments
based on costs incurred (as opposed to
percent of completion) and the contract
contains a provision giving the grantee title to
NO.
property (materials, work in progress, and
finished goods) for which progress payments
are made. The contract may contain other
security in lieu of obtaining title.
47) Time and Materials Contracts
This is a time and materials contract; the
grantee determined that no other type of
No.
contract is suitable; and the contract specifies
a ceiling rice.
48) Cost Plus Percentage of Cost
This is not a cost plus a percentage of cost
No.
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
No.
is specified in the contract at a specific rate
per day for each day of overrun in contract
time.
50) Piggybacking
1) The file contains: Assignability provisions.
NO.
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
Yes.
required clauses.
Excluded Parties Search
Yes, run 08/20/11.
EPS run and include in the file.
EPLS Search Results
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Search Results Excluded By
Firm, Entity, or Vessel : Rocky Mountain Student Media
State: COLORADO
as of 20-Sep-2011 7:37 PM EDT
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https://www.epis.gov/epls/search.do,jsessionid=D4C3464920CE49E 106402356A3C63C6... 9/20/2011
Fort Collins
PURCHASE ORDER
PO Number Page
9115524 2 of 7
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access to
any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49
C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C11of PURCHASE
9115524 3 of 7
`t Collins( v This number must appear
` ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement between
Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's
best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work
performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to
be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor
will account for the same, and dispose of it in the manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in
the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract,
the City may terminate this contract for default. Termination shall be effected by serving a notice of termination
on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid
the contract price for supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after
setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such
case, the notice of termination will state the time period in which cure is permitted and other appropriate
conditions
If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or
conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting
forth the nature of said breach or default, the City shall have the right to terminate the Contract without any
further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City
from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by
an_�� 2. Oi'lR:-s4 �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ Of115524 a of 7
`t Collins
his number must appear
` 1 1 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's
remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the City may terminate this contract for default. The City shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in accordance with the
manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the City.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
and Federal policies that may in the future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ Of115524 5 of 7
`t CollinsI This number must appear
` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part
with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The
national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal
for DBE participation is 7.6 %. A separate contract goal [has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy as City
of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph ( see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means
throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the
City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor's receipt
of the partial retainage payment related to the subcontractor' s work.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any
DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written
consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
aul� Q. O%li_nQ.;T_
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City. Of///��� 9115524 s of 7
F6r} Collins
This number must appear
//_',�'`�—,J`-' ` ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to
verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR
29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply
with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to {insert agency name}, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act.
C3. Oi1ko-Q�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid 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
Total
Invoice Address:
$3,389.02
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 7 of 7
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from vane and local unto. Our Exemption Number is 11. NON WAIV ER.
9&01503. Federal Excise Tax Exemption Cautious, of Registry 84-6m i is regional with the Collector of Failure of the Purchases to insist upon chat perfomanee of the terms and conditions hereof, failure or delay to
moment Revenue. Demo. Colorado (ROE Colorado Revised Success 1973, Chapter 39-26, Ili (a)_ bexercise my roach, the acceptance or remedies provided herein or by law, failure a promptly notify the Seller in the event of a
eptanceo payment fur goods hereunder or appros'alof rate design, shall nut ofemnhe Seller of
Goods Rejected, GOODS REJECTED due to fail'am to man spccificetiom, either when shipped or due to defects of any of the xmranti. or obligations of this purchase order end shaft not he demon a x'aiver of any right of the
damage in traruit, may b, rctumed to you for eras and are non to be replaced excepr upon receipt of wrinrn P.0 to insist upon atria performma herenfor any of its rignu err remedies m to any such grads, rtp,dlcss
imtructiom from the City of Fon Collins. of when shipped received or accepted, as to any prior or economical default hetmndq rim shall any puryoned
card modification or rescission of this purchase oNer by the Purchu.ser office m a waiver of my of the moms
Inspection, GOODS am subject o the City of Fort Collins inspection on armed. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can resell in 12, ASSIGNM ENT OF AM ]TRUST CLAIMS.
authorized payment on the pan of the City of Ford Collins. However, it a to be understand that FINAL Seller and the Pumhas,r rewgniu that in actual economic practice, overcharges resulting fro v morm
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, v'io]ations are in fact home by the Purchaser. Threadbare,foogood 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
Freight farms. Shipments most be F.O.H.. City of Fort Collins. loth Wood St, End Collin, CO 80522. unless acquired under federal or state optimal laws for such overcharges relating to the particular goods or sxavices
mkrwim specified on this oNer. if permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must recom,eny invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Wince in various pats of the country, shipment is litmmc he Peohmadirwtsthe Seller to cocl noncunfuingur dsfctiveguoupon ds byadow to be agreed by the
expected from the normal distribution point to destination, and excess freight w 111 be deducted Bob Invoice when Purchaserand the Seller, and the Sellathercalier indicates its inability or unwillingness to comply, the Purcbmr
shipments are made Item greater distance. may cam, the work to be performed by the most expedient, means available to it and the Soler shall pay all
casts asswined with such work.
Permits. Seller shall prmure at sellers sole into all necessary permits, anilicates and bermes required by all
applicable laws regulations, ordinate,, and relics ofine state, municipality, territory or political subdivision where
the work is performed, or rcquinsd by any offer duly combitured public authority having jurisdiction over the work
of vendor. Seller fimhrr a,c,a to held the City of Fad Collins harmless from and eFaimt all liability and loss
incurred by them by reason of an esmned or established violation of any such laws, regulations. ordinances, mlins
and requirements.
Authodznion. All panics to this conmm agree that the representatives are, in her. bona fide end possess full and
complere mflarriry to bind said parties.
LIMITATION OF TERMS, This Pumhas, Oder expressly limits acceptance to the terms and conditions stated
herein act fenh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
ref roc. Any additional or different terms and conditions proposed by culler am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make carries, shipment in arrive on your
premised 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 freeman; amched hereto. No acts of the Purchasers including, without
limindom, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Pumm., shall have, in addition In other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall nor be liable for damages as a result of delays
due m cansa not mason.bly foreseeable which arc beyond Is remonsNo control and without its fault of negligence,
ouch or. cities. .,if of civil m military authorities, governmenul pormics, fires, strikes, flood, epidemics, war or
riots 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 date of ddivay shell he
extended for the period! equal as the low.,faulty lien by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, mutedals and work covered by this order will mnfmm with applicable
comings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
per( aal with the highest degree of eam and competence in accordance with accepted standards for work era
milar nature. The Seller ogees to hold the pnrchow, lamtless from any loss, damage or expense which the
Purchaser may suRn or incur on account of the Sellers breach of w'emmy. The Seiler shall replace. repair or make
goad, without coal to the pumhaseq any defects or faults arising within one (1) year or within such longer period of
time as may be prescribedby law or by the terms ofany applicable %marnty provided by the Seller after the date of
acceptance of the goads famished Interceder (ampoeme our as be unseasonably delayed), resulting from impence,
or defective work done or malauls furbished by the Seller. Acceptance or use of goods by the Purchaser shall not
omatime a waive ofany claim under this %'arrant,. Excpt as otherwise provided in this purcloom order, the Sellers
liability hucunder shall emend to all damages proximately caused by the breach of any w the finegoing warranties
or guoamms, but such liability dull in me -vat include loss ofpnorits or loss of um. NO IMPLIED WARRANTY
OR MERCHANTAHILI FY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may amke changes to legal u. by wnnrn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser nay make any changes to the leanss other than legal soma, including additions in or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aliens the amount due or the time of,sam seance hereunder, an equitable adjmtmew shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the
goods then net shipped, subject many equitable armament between the panics as to any work or materials then in
progress provided that the Pumheur shall not be liable for any claims for anticipated pro0s on the marnplcted
poninn of the goods umVor work, for incidental or consequential dzmagm and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Seller standard sack. No such mminmim shall relieve
the Vumhamr ur the Seller of any offl cir obligations as to my goods delivered bemader.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asserted onion thirty (30) days from the date The closings or lamination is
ordered.
g. COMPLIANCE WITH LAW.
The Seller wamnrs that all goods sold hereunder shall have ban produced, sold, delivered end famished in strict
dompliamc with all applicable lawnd 's and regulations to which the goods are subject, The Seller shall execute a
eliver such danments as may be required to effect or evidence compliance. All laws and regulations required to he
incorporated in agreements of this chameter arc hereby incorporated herein by this re@ranee. The Seller agas to
indemnify and hold the Purchaser harmless from all costs sad damage, mRemd by the Purchawr as . remit of the
Sellers milum to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this under or any monies due or to become due hereunder w'ithom the
prior wrinen consent of the other party.
10, TITI.F..
The Seller warrants full, dear and unnomicted or, to the Purchaser for all 1,m,munl, mmcrials, and items famished
in performance of this agreement, Gee and clear of any and all liens mometions, reservations, security interest
encumbrances and claims ofotheG.
The Seller shall release the Purchaser and its contmeon of any her Firm all lability and claims of my namrO
faulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
dimmer. adlacrs and employees ofsuch parry.
The Seller`s eonmctml obligations, including whanry, shall not be deemed to be reduced, in any any. because
such x'ork is performed or trousain, be performed by the Purchaser.
14. PATENTS.
Wheaton the Seller is required to. any design, device, marred or process covered by lawn, pmrnt trademark
or copyright the Seller shall indemnify and save harmless the Purchases from any and all claims for infringement
by mum of the use of such paerrted d.ig, device, material a process in connection with the cancan, and
shall indemnify the Purchaser her any cmf, expense or damage which it may Ins, obliged to pay by reason of such
Infdngempt at any time during the pmsrrabon or after the completion of the work. In case, said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right no aminue using said cgm,nnad or pans, replace the same with substantially equal but
n rninfringing equipment or nudity it so it becomes noninGinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignown, for the benefit of ember, apwinl a
receiver or trustee for any of the Sellers pmpny or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the intnpwation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the Stare of Colorado. USA.
The following Additional Conditions apply only in cases where the Sella is to perform work heeunder.
including the semice, of Selles Rprenmutosds), on thispremises dethers.
Il. SELLERS RESPONSIBILITY.
The Scllar shall carryon said work at Sellers own risk until the same is fully wmphncc end 9ra,ded, and ahall,
azcase of soy accident, destruction or injury a the work, and/or materials before Sellers final completion and
punee. coriplac the work at Sellers own expense and to the.vdafanion ofth, Purchaser. When materials
and equipment am fi.hed by others for instillation or esecit.. by the dollar the Seller shall naive, unloed,
store and handle same al the site and become responsible Ihemfor re though such materials .Nor equipment
were being fermil ad by the Seller under the under,
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including oecuparboral
disease benefits, to its employees employed on or in connection with the work covered by this purchase odor,
and/or to ner, dependent, in occurrence with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited W. conmcmal and a numobile public
liability insurance with bahly injury and death limits of at ]cast S300,000 for any one person, S500,000 for any
one accident and pmpny damage limit per occident of $400,000. The Sella shall likewise require his
ammeters, if any, a provide fur such ecompensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser w'ilh a cedmace
that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when much
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 intonate shall be maintained until after the
emir: work is completed and accped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ... the entire responsibility end liability fee any and all damage, lots or injury ofany kind
or tme whatsoever to persons or property coaxial by or ¢culling from the execution of the work provided for in
this pmacce, order or in connection hererith.'I he Seller will indemnify and hold homeless the Purchaser and any
r all of Ire Purchasers officers, agents end employees from end apinn any and ell claims. I.. dams,.,
charges or expenses, whether direct or indirect, and whether or persons or property to which the her hma may
be put or subject by reason of my an, action, neglect omission or default on the pan of the Seiler, my of his
contrarors, or any of the Sellers or contractors officers, again, or employees. In ease any suit or inner
procndingr shall be brought against the Purehaur, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sella of my of his conrtamors or any of its or
their officers, agents or employees as aforesaid, thc Sella hereby agrees to assume the defense then of and to
defend the same at the Sellers own expense to pay any and all care, charges, money, fees and other expenses.
any and all judgments that may be incurred by or obtained against the Purchaer or any of its or their officers,
agents or employees in such suits or other pnsttNinp, and in case judgment or other lien be placed open or
obtained against the property of the Purchaser, or said panics in or as a result of tech suits or other promm inp.
the Seller will at once cause he same to be dissolved and discharged by giving bond or onhawisc. I he Seller and
his contractors shall mk, all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all law, and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Teri
Revised 032010
Page 1 of 1
David Carey
From: Karl Gannon
Sent: Wednesday, September 14, 2011 4:59 PM
To: Jim O'Neill; David Carey
Subject: RE: Advertising Question
Great -thanks!
From: Jim O'Neill
Sent: Wednesday, September 14, 2011 4:57 PM
To: David Carey
Cc: Karl Gannon
Subject: RE: Advertising Question
I'm ok with it. I think we say you used it to get to the student population. David you will need to fill out a
sole source form on it as well. Jim
Jim O'Neill, FNIGP, CPPO
Director of Purchasing and Risk Management
970-221-6779
PO Box 580
Fort Collins, CO 80522
From: David Carey
Sent: Wednesday, September 14, 2011 2:54 PM
To: Jim O'Neill
Cc: Karl Gannon
Subject: FW: Advertising Question
Jim,
I wanted to get your input. Thanks.
David
From: Karl Gannon
Sent: Wednesday, September 14, 2011 1:09 PM
To: David Carey
Subject: Advertising Question
Hi David,
we recently spent $3,389 with Rocky Mountain Student Media for bus advertising (print). I'm going to
attach an ICE with past same -vendor pricing data. Will this be sufficient for your purposes? - not really
sure how to justify choosing one publication over another.
Thanks -Karl
9/20/2011
Invoice/
Statement
Trensfort/P0 8851555
6570 Portner Rd
Fort Collins, CO 80525
Rocky Mountain Student Media
Collegian, CTV, KCSU, College Ave
CSU Lory Student Center, Box 13
Fort Collins, CO 80523-8033
Phone: (970)491-1686
Fax: (970)491-1690
133
Acct #:
@0100481
Phone:
(970)221-6620
Date:
08/31/11
Due:
09/25/11
Date I Trans # I Type I Description I Runs I Inches I Amount I Balance
08/12/11
00372690
INV
6x21.5 color
1
129.00
768.22
768,22
08/22/11
00373021
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
081221ll
00373022
INV
2x8 Flex color (5 for 4)
1
16.00
218.40
218.40
08/23/11
00373350
INV
2x8 Flex color (5 for 4)
1
16.00
218,40
218.40
08/23/11
00373349
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
08124/11
00373669
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
08/24/11
00373670
INV
2x8 Flex color (5 for 4)
1
16.00
218.40
218.40
08/25/11
00374022
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
08126/11
00374358
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
08/29/11
00374713
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
08129/11
00374714
INV
2x8 Flex color (5 for 4)
1
16.00
218.40
218.40
08/30/11
00375046
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
08/30/11
00375047
INV
2x8 Flex color (5 for 4)
1
16.00
0.00
0.00
08/31/11
00375367
INV
2x8 color (10 for 8)
1
16.00
218.40
218.40
Remarks
PAYMENT DUE 30 DAYS FROM INVOICE DATE
Total Due: 3389.02
August: 3389.02 July: 0.00 1 June: 0.00 1 May: 0.00 1 April: 0.00