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HomeMy WebLinkAbout102608 FRONT RANGE COMMUNITY COLLEGE - PURCHASE ORDER - 9142111Fort Collins Date: 04/15/2014 PURCHASE ORDER Vendor: 102608 FRONT RANGE COMMUNITY COLLEGE 4616 S SHIELDS ST FORT COLLINS CO 80526-3812 PO Number Page 9142111 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/14/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Ordered Unit Price Extended Price I EHO Grant Agreement Small Development Center City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m 1 LOT LS 17, 500.00 17 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By smtum the City of Fan Collins is exempt from state and local man. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Calficam of Registry 84-6o0o597 is registered with the Collector of Failure Of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights 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 come design, shall not release the Seller of Goods Rejected, GOODS REJECTED due re failure to meet specifications, either when shipped or due to defects of any of the wabamies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in vansit, may be retumd w you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless iretrunions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mil modification or rescission of this pumbaw order by The Purchaser marram he is xnfee, of any of the mTms Expiration. GOODS art subject of the City effort Collins inspection an Unrest. hereof. Final Acceptance. Receipt of The memhandiw, man. or equipment in m,.a to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoriaed payment on the pan of the City of Fiat Collins. However, it is m be understood that FINAL Seller and the Puahuer recognize that in =mat economic practice, overcharges resulting from antitrust ACCEPTANCE is dryendent upon completion of al l applicable required inspection formation. violations are in fact home by the Purcaser. hTheremf cis, 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 bereaRer Freight Terms. Shipments must M F.O.B., City of Fort Collins, 700 Wood M., Port Collins, CO 80522, unless acquired under federal or state antitmsl laws for such overcharges relining to the particular goods or services otherwise spmified oa this orderlfpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance- Where manufacturers have distribming paints in various parts of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or distance goods by a dam to be agreed upon by The expected fmm The nearest distribution Point to destination, srrd excess freight will he darkened from Invoice when Purchaser pod the Sella. and Nis Seller thereaBer iMicmn its inability or mrwillmgness to comply, the Purchaser shipments are made fmm greater distinct. may came the work to M perlormM by the most expeditious means available to it, find the Seller shall pay all toss estimated with such work. Parnits. Seller shall procure at sellers sole cast all Territory wrmits, certificates and licenses ratired by all applicable laws, regulations, ordinances and roles ofthe state, municipality, mmmry or political subdivision where the work is performed, or requital by any other duly constituted public authority havingjuridiction over the work of vendor. Seller further agrees to hold the City of Fiat Collins hmari ss from ad against all liability and lass incurred by them by reasrm of an ssseded or established violation of any such laws, regulations, ordinances, roles and requirements. AuOmorfmtion. All monies 10 this contract agree Oat The marsentudwas are, in tam, bow fide and posuss full end complete authority if bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to The terms and condition stated herein set forth and any supplementary or additional terms ad conditions annexed herew or incorpommd berrin by reference. Any additional or different lams and conditions proposed by seller ate objected to and hereby rejad. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedinmly if you cannot make complete shipment to arrive on your promised delivery date as noted. lime is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents areached herem. No acts of the Purchases including, without hmhation, acceptance of PoniR[ late deliveries, that Uganda as a waiver of this provision. In the exam of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, The option Uf felarm, This order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to pauses rim reuo.My foreseeable which are beyond its reasonable conunl and without is fault ofnegligrnee. such acts of God, acts of civil or military authorities, gwemmrnml priorities, fires, strikes, flood, epidemics, wars or Tints provided That notire of the conditions causing such delay is given to The Purchaur within five (5) days of the time when the Seller Eta received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the scrod typal m the time actually lost by reason mrw delay. 3. WARRANTY. The Seller warrants That all goods, edifies, materials and work covered by This order will conform with applicable drawings, spaificmiOM, samples andkir other descriptions given, will be fit for the purposes intended, and performed with The highest degree of care ared Tempe4Me in accordance with accepted standards for work of a similar nature. The Seller agrees in hold The purcneser hmmless fmm any loss, damage or aspeme which the Puchaser may suR or incur on account of the Sellers breach ofwamanry. The Seller shall Replace, repair m make good, without cost to the pureha.¢q any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by The terms of any applicable wo merry provided by the Sella after the date of acceptance of the goods famished hereunder (acceptanee not to be unreasonably delayed), reschat, from imperfect or defective work done or materials f mishd by the Sella. Acceptance in use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in ibis Purchase aide, 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 ofprofis or lass of uw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The perehuser may make changes To legal semis by wrtat change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal teams, including additions to or deletions from the rotation originally ordered in the specifications or dmwiny, by verbal at written change order. If any such change atfeuls the amount due or the time ofperfommnce hereunder, an equitable adjustment shall Is, made. 6. TERMINATIONS. ss The Puaher may t any time by written change coder. terminate this agreement of to any or all pWouse of The goods then not shipped, subject to any equitable adjustment between the monies of to pay work or materials then in progress provided taut the Purchaser shall pot M liable for any claims for anticipated Profit on The uncompleted Portion of The goods a dfor work, for incidental or comme,matial damages, end that no such djTut be made in favor of the Seller with respect as any goods which art the Sellers standard stack. No such termination shall relieve the Purchaser or The Sella of any oftheir obligations n to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the time the chmmgc or temminalion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants chat all goads sold hemuvder shall have been produced, sold, delivered ad fTtmahed in snits compliance wiTh all applicable laws and ray diffic. to which The goad are mbjm. The Seiler shall execute and deliver such documrns as may be raluird to effect or evidence compliaoec. All laws and regulations requited w be incorporated in agreements of this character are hereby incorporated herein by this reflectance. The Sella again to indemnify and hold The Purchaser harmless Gom all rots and damages sufrad by the Purchaser ss a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey This oNer, or any monies due or to become due hereunder without the prior women consort nfdom oftow 10. TITLE. The Seller warmers full, clam and wrestrimed tide to the Purchaser fro all equipment, materials, and items fumishd in performer a of this agreement, free and close of any mad all lion, restriction, resonation, secunry imetesr encumbrances 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 of such work. This release shall apply even in the event of fault of negligence of the potty released and shall extend to the directors, officers and employees ofsuch pan,. The Sellers mmrutual obligation, including warant , shall not be deemed to be reduced, in any way, because such work is performed or raTTsed w te performd by The Purchase, 14. PATENS. Whenever Ore Boller is required to use any design, device, romeral or process covered by labor, pamnt, trademark r copyright, the Seller shall indemnify and save harmless the Purchaa from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shAl indemnify the Purchaser far any cost, expense or damage which it maybe Obliged In pay by reason of such infringement at any time during the prosecution or after the completion of the work. In caw said artipment, or any pan thereof or The intended use of the goods, is in such suit held Ta 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 to continue using said equipment or parts, replace the same with substantially equal but noninfnnging equipmenn, or modify it so it becomes noninGnging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make in assignment for the benefit of treaders, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser about liability. 16. GOVERNING LAW. The definitions Off— used or the intemremtim ofthe.,R rmaa pod The rights of all panics hemanda shall be construed Ruder and governed by the laws of the State ofColomdo, USA. The following Additional Condition apply only in caws where the Seller ex w perform work hereunder, including the services of Sellers Repmwnmtive(s), on tbe families ofodi ra V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and aceptaa and shall, in case of any accident, destruction or injury to The work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expanse and to the satisfaction or the Purchaser. When materials and equipment are famished by others for installation or erection by The Sella, the Seiler shall receive, unload, store and hurdle same at the site and become responsible therefor as though such materials and/or ryulpment were being fumi and by the Sella wafer The order. 18. INSURANCE. The Seller shall, at his own exwsse, provide am The w,mmt of worker compensation, including occupational disease benefit, to is employees employed on or in connection with the work covered by this purchvse mda, i nNor to then dependents in accordance with The laws of The state N which The work is he be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with wool ly injury nod death limits of at Inut $30,000 for any one person, $500p00 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his omosc ms, 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 furnish the Purchaser with a certificate thin such compensation and im a haveMen provided. Such certificates shall specify the date when such compensation and imurame have been provided. Such certificates shall specify the date when such compensation and ire expires. The Seller agrees that such comiamenon and insurance shall be nominated met after The entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and Holiday for any read all damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in activation bcrewith. The Seller will indemnify and hold hmmless 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 Oct. action, neglect, omission or default on the port of the Seller, any of his coachmen, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shill be brought against the Purchaser, or its officers, agents or employees at any time on account or by mason of my act, action, neglect, omission or default of the Seller of any of his contrutors of any of its or their officers, agents or employees as aforesaid, The Seller hereby agrees To assume The defense Thnaf and w defend the tame al The Sellers Two expense, To pay any and all cosy, charges, mU mcys f es nM other espartos. any and all judgments that may be incumd by an obtained against The Purchasm or any of is 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 Puuhsser, or said parties in or res a result of such suits or other proceedings, the Seller will al are Roue The same to be dissolved unit dischmgd by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and initial[ all guards necessary for the prevention of arcidens, comply with all laws ad Regulations with regard to safety including, but without limitation, The Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant theraw. Revised 03r2010