HomeMy WebLinkAbout355142 SUNSET LEARNING INSTITUTE - PURCHASE ORDER - 9145320Fort Collins
PURCHASE ORDER
Date: 09/15/2014
Vendor: 355142
SUNSET LEARNING INSTITUTE
12120 SUNSET HILLS RD SUITE 100
RESTON VA 20190
PO Number Page
9145320 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 09/12/2014 Buver: ED BONNETTE
Note: CISCO AND IT TRAINING FOR BOB SINGLETON PER QUOTE #00001523 FROM KELLY HIPP.
Line Description Quantity UOM Unit Price Extended
Ordered Price
CLASSPASS-05 PACK 1 LOT LS 12,995.00
BSINGLETON
Total $12,995.00
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
Pay terms net 30 days
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. COMMERCIAL DETAILS.
Tax exemptions. By statute she Ciry of Fan Collins u exempt form stale aed local taxes. Our Exemption Number is
98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Studies 1973. Chapter 39-26, 114 (a).
Good Rgectcd. GOODS REJECTED due to failure to men spnifcatios, either when shipped or due an defects of
damage in vmttsit, may be returned as you for credit and we not so be replaced except upon receipt of wnnm
instructions from the City of Fort Collis.
Inspection. GOODS we subject to the City of For Collis impaction on arrival.
Final Acceptance. Receipt of she mercharWise, services
r equipment in nemmom m this Omer c result in
authorized payment on the pan of the City of Too Collins. However, It Is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight 'Perms. Shipments most be F.O.B., City of Fan Collins, 700 Wad St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional changes for puking will not be accepted.
Shipment Distance. Where manufacturers have distributing point in various pass of the country, shipment is
expected from rite nearest distribution point to destination. and excess freight will be dedumed from Invoice when
shipments are made from grater distance.
Pmnit. Seller shall pmcore at sellers sole cost all necessary permits, certificates and licenses required by all
applicable Taus, regulations. wJiawi and roles of the site, municipality, territory or political subdivision where
the work is performed, or required by any other duly cortuitu,d public authority having jurisdiction over the work
of vesu ar. Seller father agrees so hold no City of Fort Collins bamdes f m and against all liability and loss
ncurml by them by reason of an asserted or established violation of any such laws, regulations, mda., sales
and requirements.
Arthurian... All parties to this commet agree Nat the repress nnow w arc, in fact, bona file and possess full and
complete authority to bind said pnies.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance a the isms and conditions stated
herein set fah and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller are objected to and hereby oriental,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout most make complete shipment to arrive on yrar
promised delivery date as noted Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the showroom aterchad hereto. No acts of the Purchasers including, without
limitation, acceptance arrested law deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to order legal and equitable counties, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages s a much of delays
due m causes not reasonably fxonceable which are beysd its reasonable control and without its fault of negligence,
such hits of Gad, ems fcivil or military authorities, mantis rental pnoriries, Fares, strikes, flood, epidemics, wars or
riots provided that notice ofthe conditions causing such delay is given to the Pumens er within five (5) days of she
time when the Seller first received knowledge thereof. In fire went of any such delay, she date of delivery shall be
extended for the p riod equal m the rime utually last by ,ton of rite delay.
3. WARRANTY.
The Seller warrant that all goods, articles, materials arm work covered by this order will conform wish applicable
drawings, specifications, samples andor other couriptions given, will be fit for she purposes intended, and
performed with the highestmegree of care and competence in accordance with accepted standards for work of a
miler aware. The Sella agrees , hold the pumhaser harmless from any lass, dmage or expense which the
Purchaser nay suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repa0 or make
good, without cost to the purchser, any defects or faults arising within one (1) year or within such longer proud of
time as may be prescribed by law or by the tests of any applicable wmranly provided by the Seller Be,athe date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Prochsor shall not
onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all dmdges proximately caused by the breach of any of she foregoing wamdnries
or guarantees, but such liability shall in no event include loss of profits or Ions of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser nary darke changes m legal semis by wrten change ordn. ,
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to rise terms, whom than legal ,rim, including addamns to or deletions from
the quanldies originally omcrea in he specifieari s or drawings, by vests or women change order. If any such
change aHecta he vmwsa due or the time of performance hertttMer, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any lime by women change order, terminus this agreement m to any or all promos of the
good then not shipped, subject to any equitable adjustment hctween he p ral as to any work or materials then in
progress provided that the Purchser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods an/or work, for incidental or consequential damages, and that no such adjstment be made in
favor of she Seller with respect Iw any goad which are the Sellers standard stock. No such mirramuan shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjstment most be ssmed within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wa,ent that all goods sold hereunder shall have been produced, sold, delivered mad ftunished in strict
compliance with all applicable laws and rtgulatios to which the goods arc subject. The Seller shall execute and
deliver such dremmeats s may be mounted] to effect or evidence compliance. All was and regmadoci required to he
incorporated in agreements of this character are hereby incorporated herein by this mifcurnem. The Seller agrees to
indemnify and hold the Purchaser handsaw from all costs and damags suffered by for, purchaser as a result of she
Sellers failure to comply wits such law.
9. ASSIGNMENT.
Neither party shall assign, trans@q Or convey this order, or any monies due or to become due hereunder without the
prior written commit ofthe other party.
10. TITLE.
The Seller warrants full, clear and commuted title In the Purchases for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservatios, semnry interest
mmm arrams and claims ofothns.
I L NON WAIVER. -
Failure of tM Purchaser to insist upon strict peR roue or the reasons and conditions; hereof, Ensure or delay to
eximme any rights or remedies provided herein or by law, failare to promptly story the Seller in the event of a
breach, the acceptance ofof paymmt for goads hereunder Or approval of the design shall st release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemW a waiver of any right of the
purchser to insist upon whew performance bromine any of its rights or remedies m to any such goods, regardless
of when shipped, received or accepted, as many prior err subsequent &Fault hareuMer, nor shall any purposed
oral modification or rescission of this purchase order by shc Pundamer operate as a waiver of any of the unions
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overchmgs resulting from antitrust
violations me in fact home by the Pumhaser. Themonfore,f good cause and s consideration for executing this
purchase order, the Seller hereby assigns as the Purchaser any and all claims it may now have or hereaner
acquired under hderal or state antitrust laws for such overcharges relating to the particular good or services
purclused or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases directs rise Seller to correct nonconforming or defective good by a date in be agreed upon by the
Purchaser and the Seller, end the Seller thereafter indicates its inability or unwillingness m comply. the Purchaser
may cause the work as M performed by the most expeditious mess available so is, am the Seller shall pay all
csts associated with such work.
The Seller shall relau the Purchaser and its contactors of any tier Gran all liability and claims of any warm,
resulting Britain, pMoamance ofsucb wok.
This relese shall apply wen in she w'car of fault of negligence of the perry telecasted and shall exread to use
directors, officers aM employees ofOmb pay.
The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in my way, because
such work is performed or caused to be perforated by the Purchase!.
14. PATENTS.
Whenever the Seller is required to use any design, device, matenal or river. covered by lemu, paint, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection wish the contract, and
shell indenmify the Purchaser for any cast, expense or damage which it may he obliged m pay by reason of such
infringemem it any time during the prosecution or if n she completion of the work. In cat said cluipment, or
any part thereof or she amended se of the good, is in such suit held to constitute infringement and she we of
said equipment or parr is enjoined, he Seller shall, at its own expense and at its option, either procure for rise
Purchaser the right to continue sing said equipment or pass, replan she same wish substantially egnal but
noninfnaging equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become iasob'ent or haNmpL make an ssigera nt for she benefit of creditors, appoint a
receiver or o-ustee for any of no Sellers Property or business, this order may forthwith be canceled by she
Purchaser without liability.
16. GOVERNING LAW.
The definitions of murex used w Ne interyrdrion ofNe agreement and the right ofall parties hereunder shall be
costrucd under and goad by she laws wthe Stare ofColoam, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Rimmsenmlive(s), on the premises of orhea.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's awn risk until the same is fully completed and sampler, and shall,
in x of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's awn expense and to the satisfaction of she Purchaser. When m ttedak
and equipment arc furnished by others for installation or erection by the Seller, she Seller shall receive, unload,
store and handle more at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under Ne order.
18. INSURANCE.
TM Selln shall, in his awn expense, provide for the pymrnr of works compewtiou, including mrnpatioarl
disease benefits, to its employees employed on or in connection wish the work covered by this purchser order,
and/or to their dependents in accordance with the laws of the state in which she woA is to be done. The Seller
shall also carry couripacheassire general liability including, bur not limited m, contracnW and automobile public
liability inauance wish finally injury and dads limits of at least $300,000 for any one person 5500,000 for any
one accident and ,perry damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and imumnce. Before any of she Sellers or his contractors
employees shall do any work ups the premises of others, the Seller shall famish the purchaser wish a certificate
that such compensation and insurance have been provided Such c nificates shall specify the dote when such
compensation and insorance have been provided Such certificates shall specify the doe when such compensation
and insurance expires. The Seller agrees that such compensation and assurance shall be maintained sail after the
alive work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby saume, the entire responsibility and liability for any and all daram" loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from she execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hvmlesa she Ptuchser and any
cr all of the Purchasersofficers, agents and employees tram and against any sad all clam¢, losses, damages,
harges or expenses, whether direct or surfaces, and whether to persns or pmpary to which the Purchases may
be put or subjnt by reason of any act action, neglect, omission or default on she pan of she Seller, any of his
contractors, or any of the Sellers or confusion officers, agents or smployces. In now any suit or offer
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my shoe on c mbat or
by mown of any act action, surplus, omissiov or defult of the Seller of tiny of his contactors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend she same at the Sellers own expense, to pay any and all casts, charges, atmmeys fees aM other expenses,
any and all judgmrnrs that may be ism d by or obtained against she Purchaser or any of as ne then officers,
agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or
obtained against the property offlue Purchaser, or said parties in or in a result of such suits or other proceedings,
the Seller will at once nett the snore to be dissolved and disel abed by giving bond or chemise. The Seller and
his contractors shall take all safety precaurios, f ish and install all gum& necessary for the prevention of
accidents, comply with all Laws and regulations with regard to safety including, but without limitation, she
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Nerem.
Revised 07nOl4