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HomeMy WebLinkAbout102608 FRONT RANGE COMMUNITY COLLEGE - PURCHASE ORDER - 3215130PO PURCHASE ORDER 321513er Page City. of15730 1of2 Flirt Collins( his number must appear V`I V " 1 1 on all invoices, packing �slips and labels. Date: 01/09/2015 Vendor: 102608 FRONT RANGE COMMUNITY COLLEGE 4616 S SHIELDS ST FORT COLLINS CO 80526-3812 Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 01/09/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Extended P Ordered UOM Unit Price Price 1 2015 ANNUAL ORDER FOR GOODS & SERVICES 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:purchasingQfogov.com 1 LOT LS 25,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Registry g4-60W589 is registered with the Collector of Thermal Revenue, Denver, Colorado Ref. Colorado Revised Suwms 1973, Chapter 39-26, 114 (a). Goods Rejectd GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of damage in transit, may M reamed to you for credit and and, not in he replaced except upon receipt of women immmtions from the City of Pod Collins. Inspection- GOODS ere subject w file City of Fort Collins inspection on ani.al. Final Acceptance. Receipt of fie merehanNse, services or equipment in response to this order can result in authmaed pmonew as the pan of the City of Fred Collins. Howron, it is m be understood slut FINAL ACCEPTANCE is dependent upon completion ofall applicable criminal inspection praedures. Freight Two. Shipments matt be F.O.B., City of Fort Collins, 700 Wood 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 most accompany invoice. Auditiowl charges for packing will not be accepted. Shipment D'aunce. Where manufecturers have distributing points in various pans of the country, shipment is expected from the nmnest distribution On to demonstrated, end excess freight will be AAw,d from Invoice when shipments ate made firm greater diatmre. Prams. Seller shall procure at sellers sole cost all necessary pemmid, certificates and licenses acquired by all applicable laws, regulations, ordinances and roles ofthe state, municipality, temory or political subdivision where the work is performed, or required by any other duly couslitutad public authority havingjunsdieion over the work of vendor. Seller further agrees to hold the City of Fall Collins hatmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, rules and requirements. Authorization. All parries to this contact agree flat the representatives are, in fact, bona tide add possess fall and complete authority, to bid said parties. LIMITATION OF TERMS. This Purchase Order, expressly limits wro pmnre to the feddew ad conditions muted herein set fteM and any supplementary or adNtiowl team ad additions mnexd hereto or idworyomtal herein by reference. Any additional or dil newIf. end mnditims proposed by sdla are objected 1. and hereby dejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance matt be effected within the time soled tea the purchase order and the documents coached herein. No acts of the Purchased; includng, without limitation, acceptance of pedal late delveries, shall operate u a waiver, admix provision, In The event ofully delay, A, Purchase shall Fit in addition w other legal and fai lc remedies, dte option titillating this order elsewhere .it holding the Seller fable far damages. However, the Seder Aell nest be liable for damages as a result of decoys due to causes not reasowbly fcresaable which M beyond its reasonable cool and without its fault of negligence, such acts of God, cans of civil or military authorities, gevemmrnmal priorities, fires, strikes. Rood, epidemics, wars of rims provided that notice of The <oMicro. coming such delay is given 10 the Purchose within five (5) days of the time when the Seller first received knowledge thal In the event of my such delay, the date of delivery shall be extended for floe period wool in the time actually Inset by lesson of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confodm with applicable drawings, spaifications, samples argue o%er descriptions given, will be fit for the purposes intended, and performed with the highest degree of care All comperedie in exccedence with xinqud Androids for work of a similar future- The Sella agree to hold the putchvar boosts, from any loss, cosmic or expense which the Purchaser may suffered incur On account ml Sellers breach of wamvty. The Sella shall replace, repay m make good, without chat to the pumbmer, any defcen or f rairs arising within one (1) year or within such longer period of time as may be, prescribed by law or by file terra of any applicable warranty provided by file Sella after fire date of acceptance of the goods f ishd hereunder (mccptana not to be unseasonably delayed), resulting good imperil t car defective work done or materials Finished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this waoanty. Except cis otherwise provided in this purchase ordeal 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 Ices of profits or Ices of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchua may make changes to legal lends by waiften change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to file terms, other than legal teams, including additions w or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change officers the amount due or the time ofperfomunce hereunder, an triturate adustment shall be made. 6. TERMINATIONS. The Pmchnser may et any time by wrinm change order, terminate this agreement as Is, my of all Poddons of the ,cod, than test shipped, subject w any equirmic djustment her. the mane, as w any work car materials than in progress Provided Nat the Purchases shall not be trade for my claims for anticipated Profits tea the unmripinal portion of the goods adho work, for incidental or ctensryuential damages, and fiat no such adjustment be rude in favor ofthe Seller with despe t to any good which are file Seller at &W stock. No fifth temtivtion shall relieve the Purchaser or the Sella litany oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most ha msened within thirty (30) days from the date the change or termiterticn is oalcred. 8. COMPLIANCE WITH LAW. The Seller warnings Nat all goods said hereunder shall have ban produced, sold, delivered and famished m so-ict compliance wtith all applicable laws ad regulations 1. which the goad are subject The Sella And cavern and deliver such do andmis as may he resod al w eRat or avid. compliance. All laws end regulations regmird 10 be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella andres w interest and bold the Funchal holess form all also and damages suffered by the Purchma m a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey his wie, or any monies due or to become due hereunder without the prior wrinen convent of the whet party. 10. TITLE. The Seller warrants fill, clear and ntmawctal thh, to the Purchase foe all equipmenent ma drils, and items modified in performance of this egreemdd, Gee and clear of any and all liens, restrictions, reservoriom, secuniry modest encuobrencw car claims of mhav It. NON WANER. Failure of the Pumbaser to insist upon atria performance of the trams, and conditions hereof, failure or delay to exercise any rights or remedies provided herein m by law, failure to promptly notify the Seller in the event of a breach, he acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase of and shall not be deemed a waiver of any tight of the purchaser to insist upon stun performance hecwf or my of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, in to any prior or subsequent default For a l am shall any rumored cal modification or rescission of this purchme order by the Purcha,er operate as a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser Mognia hat ht actual economic Practice, overcharges resulting ficars antitrust violations we in fact home by the Purchaser. Theretofore, for good cease add as consideration for exemting this purchase order, the Seller hereby ensigns to the Purchaser any and all claims it may now have or Freesia acquired under federal or state antitrust laws for such Overcharges relating in the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to coned nonconforming or defective goods by a date to be agreed upon by rile Parlance ad the Seller, and Ne Seller dramfla indicates its iwbiliry of mwillNgmss to comply, the Purchaser may erase the work to be pwifandal by the most expeditious meant available to it, and the Seller shall pay all rmu associated with such work. The Seller shall release the Purchua and its nmracwrs of may 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 party relented and shall extend to the directors, officers and employees ofsuch parry. The Scllefs mntmctwl obligations, including wadtmety, shall we be deemed to be reduced, in any way, baame such work is performed or caused to be performed by for Practical 14. PATENTS. Whenever Ne Seller is required to am any design, device, material or process coveral by term, patent trademark or copyright, the Seller shall indemnify and save harmless file Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with me contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged w pay by dowel of such infringement 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 fie goods, is in such suit held to canstiwm infringement and the use of said equipment or pan is enjoined, the Sella shall, at its awn expcme and at its option, either procure for the purchaser the right to continue using said eyuipmmt or this, repast the same with substantially Waal but ro infringing apwPp m, of modify it so it becomes dwninfrinit 15. INSOLVENCY. If Nc Seller at biome insolvent or hmkmpt, make an assigmnent for the Broad of creditors, appoint a receiver or nustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The def editionsnftenw War the intedprtation ofthe agreement ad dale rights of all Pont. hereunder shall ha consnued ender and groomed by the laws ofthe State ofColomda, USA. The following Additional Conditions apply holy in cues where Nc Seller is as perform work turmoil including rise srvirefof Sellers Reprtsntmive(s), anthe premises afothes. IT. SELLERS RESPONSIBILITY. The Sella shall wiry, on said work at Seller's own risk until file same is fully cgmpletd end wcexptd, and shill, in case of any accident, destruction or injury m the work and/or mmeriads before Scllds fowl completion and acceptance. complete the work at Settees own expense and w the satisfaction of fire Purchuer. When mom d, and equipment are famished by others for humiliation or erection by the Sella, the Seller shall receive, unload, store and handle same in the site sod become responsible therefor as though such materials and/or dprlpment were being fumishal by the Seller under the order. 18. INSURANCE. The Sella shall, o his own expense, provide future payment of workers cance,wountion, including .c fiowl disease benefits, an its employees employed on or in mnnenion with the wink nverd by this Purchase order, and/or to their dependents in accordance with the laws of the sate N which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, commercial ad automobile public liability insurance with tidily injury and death limits of at least $300000 for any one person E5W,MN' for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his ommcmrs, if any, to provide for such conirponscrion and insurance. Before any of the Sellers or his condaarrs employees shall do any work upon the plat of others, the Seller shall famish the Purchase with a certificate Nat such compensation and insurance have Fame provided, Such certificates shall specify the date when such compensation ad introduce have ban provided. Such certificates shall specify the daten when such compemorm and imurence expires. The Sauer agrees that such nmpmsmion car ismanaa shall b<dwinuFed omit aft- the entire work u fnmpletd am ecaptd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire dapsosibiliry and liability for any and ell damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of file work provided for in this purehme order or in connection herewith. The Seller will indemnify and hold harmless the Purthma ar my r all wfire purchases, of ifers. agents ad employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly w which the Purchaser may be put or subject by season of any act, action, neglar, omission of defauh for the parr of the Sella, any of his tractors, or any of the Sellers or coarmtors officers, agents or employees. In cue any suit or other pmcadidap shall be brought against the Footnote, m its olficen, aged¢ or —Ployces at any time on =count or their ofllcass,agents car employees fu aforesaid, the the Sella herebyagrees to assume the defense thereof and to defend the same at the Scalers own expense, w pay any and all cons, charges, anomeys fees and other expenses, any and all longtime. that may be imund by or obtained against the Purchaser or any of its or their-1firers, agents or employees in such suits or office Proceedings, and in case judgment or other lam he placed upon or obtained against the property of The Purchueq or said parties in or as a dsuir of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or othewim. The Seller and his contractors shall rake all safety precautions, famish and immll all guard necessary for the prevention of accidents, comply with all laws and regulations with regional to safety whAdi ng, but without limitation, the Occupational Safety and Health Act of 1970 sod all rules and regulations issud pursuant thanes. Revisal 07n014