HomeMy WebLinkAbout102608 FRONT RANGE COMMUNITY COLLEGE - PURCHASE ORDER - 9142443Fort Collins
Date: 0510112014
PURCHASE ORDER
Vendor: 102608
FRONT RANGE COMMUNITY COLLEGE
4616 S SHIELDS ST
FORT COLLINS CO 80526-3812
PO Number Page
9142443 1 of 2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 05/01/2014 Buyer: DAVID CAREY
Note:
Line Description �,W 'ey UOM Unit Price �"p^aeu
I Training Services
Project Management Course
For Project Management: Principles for Success Course,
Per Invoice# 7921 dated 3/25/14.
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@fcgov.com
3/10-3112/14.
LS 10,500.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIN.DEfAILS.
Tax exemptions. By statute the City of To" Collins is exempt from state and local axes. Our Exemption Norma is
98-04502. Federal Excise Tax Exemption Cenificae of Registry 84-MS89 is registered with the Collector of
Internal Revenue, Denver. Colorado (fell Colorado Revised Statutes 1923, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
damage in nonat, may M 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 Fart Collins inspection on aaival.
II. NONWAIVER.
Failure of the Purchaser m insist upon strict performance of the Moms and coadltons hereof, failure or delay Ira
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the aunties or
payment for purhereunderorapprovalotthe design, shall not release the Seller of
any of the warranties or obligations of this avixfose order and shall not be deemed a waiver of any right of the
of purcharser shi insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipper. received Or accepted as to any prior or subsequent er oM herountler,waiver
nor shall my Pe wars
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Mans
nertof.
Final Acceptance. Receipt of the merchandise, senica or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
euthoneed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual a is practice, o erami resulting from antics,
edu,.
ACCEPTANCE isdWandent upon completion ofall applicablerequired inspection poare
borne
violations arc in fact by the Purchaser. Theremfote,for good cause and re, consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter
Freight Terms. Shipments must be P.O.B., City of Fort Collins, 200 Wood SL, Fort Collins, CO 80522, unless
acquired under federal or state national laws for such overcharges relating to the particular goods or services
Otherwise spaifid on this order. If permission is given m propny 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 packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Whew manufacturers have distributing trials in various parts of the country, shipment as
If the Purchaer dimes, me Sella to correct nonconforming or defective goods by a date a be agreed upon by the
expected from the nearest distribution point to destination, and aces, freight will h deducted firm Invoice when
Purchaser and the Sella, and the Seller thereaaes indicates its inability or unwillingness a comply. the Purcluues
,hipments are made from grater distance
may cause the work to be perforrnd by the most expeditious means available I. i4 and the Sella shall Pay all
casts associated with such work.
Permits. Seller shall procure al sellers sole cos, all era., ponies, cemficara and licenses required by all
applicable laws, regulations, ordinance and reles of the slate, municipality, territory or political subdivroon where
me work is performed, or prepaW by any .,her duly wnstiNled public authority having jurisdiction over the work
Of vend., Seller dome, agrees m hold the City of run Collins harmless corm and timiml all liability and loss
intoned by teem by reason of an asserted or established violation Of any such laws, regulations, ordaccurs, rules
and requirements.
Authorization All parties to this contract agree mat the representatives are, in fact, bona fide and possess full and
complete authority,. bind said parties.
LIMITATION OF TERMS. This Pumb. • Order apressly limits acceptance Or the Mrrns and conditions stared
herein set forth and any supplemrnary or additional saw, and conditions annexed berem or incaryomted harem by
reference. Any additional or differm, teats and emis moos proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to naive on your
p cruard delivery date as rimed Time is of the easenm. Delivery and Pefnn.n¢ must be c136ctad within the time
,rated on the purchase aide, and the documents attached hotel(,. No acts of the Purchasers including, without
limitation, acceprom of trial Irate deliveries, shall operate in a waiver of this provision. In the event of any delay,
the Purchaser shall have, in akinion to other legal and equitable remedies, the option of pacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages is, a result of delays
due to causes not reassembly foreseeable which nor beyond in reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priomies,fires, strikes, food. epidemics, wars or
riots provided deal More, of dive conditions causing such delay is given to the Purchaser within five (5) days of the
time when me Serer fiat received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period of ed to the time actually lost by reason arts, delay.
3. WARRANTY.
The Seller warrants that all goods, articles, maariu s and work covered by this order will confcam with applicable
drawings, specifications, samples and/or other description, given will Is, fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
milar nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may rather or incur on account of the Sellers breach of wamenty. The Seller shall replace, repair or make
good, Without cost to the purchaur. any defats or cults musing within one (1) year or within such longer paid of
time as may be prescribd by law or by the terms of my applicable warranty Provided by the Sella after the date of
acceptance of the goods rotational heemder (acceptance not to he unreasonably delayed), resulting firm imperfect
a defective work done or materials fumishd by the Seller. Acceptance or are of goods by the Purchaser shall tat
cohrstiam a waiver of my claim under this warranty. Except m ofemise provided in this purchase order, the Sellers
liability hereunder shall extend to all damega proximately cauud by the breach of my of the foregoing wor aines
err matters, bat such liability shall in Or rent include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make change la legal tams by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke my changes m We moms, order nMn legal ¢mu, including addition no or deletions from
the quantities Originally ordered in the specihemions or drawings, by velbal or wdnen change order. If my such
change aRecn the amount due or the time of perfomunce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, terminate this agreement as to any or al I portions of the
goods then not shipped, subject to uny equitable adjustment between the ponies as to any work or materials then in
progress provided that me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofine gads andt.r work, for invidenal or coasequrnli d d mega, and that no such odjustmem be made in
favor of the Sella with rtapet to any goods which are the Sellers standand stack. No such termination shall relieve
the Purchaser or the Sella of any oftheb oM.,thimxs as to any goods delivered hereunder.
Z CLAIMS FOR ADRISTMENT.
Any claim for dinsrment most be ...it widdn thim, (30) days from the date the change or u midaWm is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered vad famished in strict
eomphiunce with all applicable laws and regulation to which the goods ae subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations national to be,
ncOrpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffixed by the Purchase as a resuh of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither pay shall assign, transfer, or convey this order, or my monies due or in become due hereunder without the
prior wrinen consent argue other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title an the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear Of any and all liens, restrictions, reservations. security interest
encumbrances and claims of misers.
The Seller shall mleau the Purchaser and in contractors of any tier from all liability and claims of any nalae
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence ol'the party released and shall extend to the
directors, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall Out be, deemed to be reduced, in any way, because
such work is prf armed or caused to be PeRarmd by the Phhrehsse.
14. PATENTS.
Whenever the Seller is rerryited to tw eny design, deice, material or process eoveral by lever, patent, nodemmk
at copyright, the Seller shall indemnify and save harmless the Purchaser from any and AI claims for infringement
by reason of the use of such premed design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringenent at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or an is enjoined, the Shcer shall, at its awn 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
nanlrdHnging equipment or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Sella shall become insohent or bankrupt, make an assignment for the benefit of creditors, appoint is
receiver or aware, for any of the Sellers propertyma or business, this order y forthwith be led canceby the
ase Purchwithout liability.
16. GOVERNING LAW.
The defmitiom Of terms used or the inteTrctitim or agreement it he n&hts of all panics hereunder shall be
consuuN under and governed by the laws of the Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repreuncativas), on the premiss of agrees.
19. SELLERS RESPONSIBILITY.
The Sella shall camy on said work at Sellers own risk mS[ the same is fully completed and acceped, and shall,
to case of my accident, destruction or injury m the wad shom, materials before Sellers f I completion and
acceptance, complete the work at Sellers awn expense and an the satisfaction of the purchaser. When materials
and equipment arc furnished by others for installation or creation by the Seller, the Sella shall receive, unload,
store and handle same at the site and become raponslble therefor as though such matenats and/or equipment
was being famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own itinerate, provide for the payment of workers compnsntion, including occupational
disease benefice 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 slate in which the wort: as, to be done. The Seller
shall also any comprebenive general liability including, but not limited to, c-Wcmal and antomobile public
liability immune. with bodily injury and death limits Of to lent $300,000 for any one person, $500,000 for any
accident and monetary damage limit per accident of 5400,000. The Sella shall likewise require his
comuserms. If any, to p r vide for such compnsalion and immorm e. Before may of the Sellers of has contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purch o a with a ceninese
that such compensation and insurance have been provided. Such certificates shall spocry the dale when such
compensation and insurance have been provided. Such certificates shill specify me date when such compensation
and insurance expirea. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECr10N AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibility and liability for my and all damage, loss or injury army kind
or nature wichows'er to Persons or prupMY sward by or resulting from Ile execution of the work Mashhad for in
this pucMse order or in connection herewith. The Sella will indemnify and hold Mrmless the Purchaser and any
r all of the Purchasers officers, agents and employees Item and against my and all claims, losses, damages,
charges or expense,, whether direct or indirect, and whether to parmans or property to which the Purchaser may
be pm or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his
contrarian, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be bmught against the Purchreeq or its officers, agents or employees at any time on action, or
by eawn of any tat, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agent or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and in
defend the same at the Sellers own expose, to pay any and all costs, charges, anomeys fees and other ex,xwo,
my ad all judgments mar may be incurred by or obtainal against the Purcbasa or any of its or their otlicers,
agents or employees in such suits Or other proceedings, and in eau judMad, or after lien h placed upcor or
obtained against the pmpmy of the Pachaur, or said Ionia in or ns a result ofsuch suits or other proceedings,
the Sella will at once cauu the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall cake all safety precautions, fuardsh and instill all guild nreessrry 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 rules and regulations issued pursuant thereto.
Revised 03(010