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HomeMy WebLinkAbout499034 FRONT RANGE COMMUNITY COLLEGE CORP - PURCHASE ORDER - 9121225PO PURCHASE ORDER 912122er Page City Of9121225 1 of z `t CollinsCThis number must appear ` on all invoices, packing slips and labels. Date: 03/02/2012 Vendor: 499034 Ship To: HUMAN RESOURCES FRONT RANGE COMMUNITY COLLEGE CORPORAT CITY OF FORT COLLINS CORPORATE SOLUTIONS 215 N MASON, 2ND FLOOR 1501 ACADEMY COURT FORT COLLINS Colorado 80524-4 FORT COLLINS Colorado 80524 Delivery Date: 03/01/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I PROJECT MANAGEMENT-12 HRS CLASS Per Training Order L2169 1 LOT LS CLASS DATES: 4/26/12-4/27/12 Topic: "PROJECT MANAGEMENT: MANAGE YOURSELF AND YOUR ORGANIZATION" Total Training Hours: 12 Per Training Order# L2169, dated 02/01/2012 2 PROJECT MANAGEMENT-16 HRS CLASS Per Training Order L2170 1 LOT LS CLASS DATES: 10/8/12-10/9/12 Topic: "PROJECT MANAGEMENT: MANAGE YOURSELF AND YOUR ORGANIZATION" Total Training Hours: 16 Per Traininq Order# 1-2170, dated 02/01/2012 Total 5,550.00 7,400.00 97x� 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 11, 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 Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption,. By statute the City of Fort Collins is exempt fmm state and local to es. Our Exemption Number is 98A1501 Federal Excise Tax Exemption Certificate of Registry 94-fi11M587 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 renamed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Ma breach, the acceptance ofor payment for goods hereunder orzpproval of the design, shall not release the Seller of any of the wam uic, or obligations of this purchase order and shall nor M deemed a waiver of any right of the purchaser to insist upon strict Performance hercnfor 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 Purchaser nPerate as a waiver ofany of the terms hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this ender can result in 12. ASSIGNMENT OF ANTITRUST CLAI NIS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting form antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby arc ign, to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitntst laws for such overcharges relating to the pnnicular goods or services otherwise specified on this order. 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 most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective Society by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcrcaficr indicates its inability or unwillingness to comply. the Purchaser shipments art made fmm greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall practice at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws regulations. ordinances and roles of the state, municipality, territory or political suhdiwision where the work is performed, or required by any other duly constituted public authority having jurisdiction m'cr the work of vendor. Seller further agrees to hold the City of For Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regtdntim,s. orlinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess fit and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated heroin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpascd by seller arc 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 cis noted. Time is of the essence, Delivery and performance must be elfeded within the time stated on the purchase order and the documents attached hereto. No acts of the Purcha,crs including, without limitation, acceptance of partial late deliveries. shall operate as a waiver ofthis provision. In the event ofnoy delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpineing 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 arc beyond its reasonable control and without its fault ofneglimircc. such acts of Cod, acts ofcivil or military authorities governmental priorities, fires, strikes. Rood, epidemics, wars 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 delivery shall be extended for the periM equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller wants that all goods. articles, materials and work covered by this order will conform with applicable dmwin&m. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warmary. 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 he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goody furnished hereunder (acceptance not to be unreasonably delayed). resulting fmm hu NT]'M or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty . Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately catocd by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Inns of use. NO IMPLIED WARRANTY OR MF.RCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or draw ings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Pumhawr may at any time by written change order. terminate this agreement as to any or all portions of the gaols then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgmcss pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmfns on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of ncc Seller with respect to any goods which arc the Scllers standard stock No such termination shall relieve the Purchaser or the Scllcr Many oftheir obligations as to any grads delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is order 1. R. COMPLIANCE WITH LAW. The Seller wamnts that all coal sold hacnndcr, 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages sufcmd by the Purchaser cis a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies day or to become due heretmdu without the prior written consent of the other party. 10. TITLE;. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfnrmnncc of this agreement, free and clear of any and all liens, restrictions, rescr,mions, security interest cneumbmnecs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party released and ,shall extend to the duccums, officersand employees of such party. The Seller', contractual obligations, including s mourty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paten, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by ..a of the use of such patented design. device, material or process in connection with the concoct. and shall indemnify the Purchaser for any cast cxpensc in damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment. or any part thcrenf or the intended use of the goods, is in such suit held to constitute infringement 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 equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noniniringing. 15. INSOLVENCY. If the Seller shall beconm insolvent or bnnknpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reptesentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall catry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of any accident. destruction or injury to the work and/or materials befnre Scllers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive. nalmo. store and handle same at the site sad become responsible therefor as though such materials and/or equipment were being furnished by the Seller tinder the order. IS. INSURANCE. The Seller shall, at his own cxpensc, provide for the payment of workers conipetsntinn, 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 tarty comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m least S300.000 for any one person, S500,0011 for any one accident and pmNmy damage limit per accident of S400.000. 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 Scllcr shall furnish 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 rcr ificatca shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr 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 ofany kind or nature wanw,ver 1. persons or property caused by or tcsulting from he csceuri m ofthe wcnrk pmvidcd f r in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers oficcm, ngcnts and employees from and against .any and ill claims, losses. damages, charges or expenses wwhether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the part of the Seller. any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their nfittrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments 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 judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be itisusl'ed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary 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 mles and regulations issued pursuant thereto. Revised 0312010