Vendors: Doing Business with Colorado Mountain College

Bidnet Registration

How to do Business with CMC

Introduction

Colorado Mountain College values our business partners and the contributions you make in supporting our staff, faculty and students. The purchasing department is committed to a transparent and inclusive contracting process that awards college work to responsive and responsible vendors. This webpage contains the information you need to do business with CMC and all of the forms and documents you may need to access in our business together.

Authority to purchase

The Colorado Mountain College Board of Trustees is responsible for entering contracts and agreements on behalf of the college. Each year the Board designates that authority to our President who names two designees: 1) the Chief Operations Officer and 2) the Director of Purchasing and Contracts. Those two individuals are authorized to sign contacts and agreements for the college. Purchasing decisions at CMC are decentralized and personnel at the campus and department level interact directly with our vendors. The issuance of purchase orders and contracts is centralized in the purchasing department however. For expenditures of more than $5,000 a vendor must be issued a purchase order or blanket purchase order by the CMC purchasing department prior to delivery or performance.

Tax Exempt Status

Colorado Mountain College, as a public agency, is exempt from all applicable federal, state and local taxes. Our tax exempt number is 98-00796 and the Sales Tax Exemption Certificate is available on this page (above).

Spending and competitive limits

CMC is funded in large part with taxpayer money and has a fiduciary responsibility to protect the public trust. The following limits are designed to get appropriate approval internally to commit funds and to ensure that our vendor community has the opportunity to compete for CMC projects:

  • Expenditures of more than $5,000 require a Purchase Order to be issued prior to the goods being delivered and/or service(s) being provided.
  • Contracts of value greater than $100,000 in any year must be signed by both the Director of Purchasing and Contracts and Chief Operating Officer.
  • Contracts of more than $250,000 require pre-approval from the Board of Trustees. Please be advised that meetings are somewhat infrequent (about 7 per year) and the purchase request may need to come in front of the Board more than once. If you are providing goods or services of more than $250,000 allow plenty of time for the process to take place prior to a CMC purchase order being issued.
  • Construction projects of more than $50,000 are required to have contractors carry payment and performance bonds.

Purchases of goods of more than $10,000 and services of more than $25,000 are subject to a required competitive process.

We announce all RFQs and RFPs using Rocky Mountain e-Procurement and manage the process on our website. Use the navigation link to the left to visit the RFP/RFQ page.

Vendor Registration

It is not necessary for vendors to be pre-registered with CMC or be on a pre-approved vendor list. We establish a vendor in our accounting system the first time we do business together. To register as a vendor simply complete the Vendor Registration Form along with a current W-9 (both above).  Vendors should re-submit a vendor registration form and W-9 if they haven’t done so within in the past three years. We regret that our staff cannot accommodate all vendors seeking an introductory meeting.

How to accept payment

CMC relies on a purchasing card program for purchases of product under $5,000. CMC prefers to pay with a p-card in many of these situations. If a P-Card is not accepted by a vendor, purchases of less than $5,000 will be paid through our voucher system.

Invoices should be sent to the CMC personnel responsible for the purchase at the “ship-to” address on the purchase order. It is the responsibility of the individual campuses to process an invoice for payment. The campus will then send the processed invoice to Accounts Payable for payment. Checks are generally issued every twice a week.

Purchase terms default to net 30 days.  Vendors and contractors providing services to the college and/or goods that require an outlay of funds from the vendor prior to CMC payment may be paid in more than one installment in some cases, subject to CMC approval. Please submit any such request on the Vendor Registration Form.

All purchases of more than $5,000 require a purchase order.

Insurance Requirements

CMC requires all service vendors to be insured, and a current, compliant insurance certificate will be collected unless an exception is otherwise made. During the processing of a Purchase Order, insurance requirements will be assigned.  You can send our CMC Insurance Requirements to your insurance agent or broker and they will work directly with our risk management team to make sure the certificate is compliance. Our requirements are standard and used by most public entities.

Multiple Fiscal Year Obligations

All financial obligations of the College subsequent to the fiscal year ending June 30 are contingent upon funds being appropriated, budgeted or otherwise made available by the Board of Trustees. Please see our Purchase Order Terms and Conditions (above) for more information.

Indemnification

Indemnification is holding another party harmless in the event a problem occurs. Because there is no way to know what that contingent liability may be in the future, it is not possible for CMC to appropriate those funds. As a result, it is not lawful for CMC to indemnify another party. Vendor indemnification provisions will be excluded by the College in any contracts or agreements. Any exceptions to this must be approved by our General Counsel.

Purchase Order Terms and Conditions

All vendors shall agree to be bound by the College's Purchase Order Terms and Conditions.

Purchase Order Terms & Conditions

1. Offer/Acceptance

If you have submitted a bid/quote/proposal to us this Purchase Order is an acceptance of your offer. If you have not submitted a bid/quote/proposal to us, this Purchase Order is an offer to buy, subject to your acceptance, which must be demonstrated by your written acknowledgement or fulfillment of the specifications in this Purchase Order. To the extent there is any inconsistency between this Purchase Order and your offer or any other agreement, the terms of this Purchase Order shall control. Except as expressly provided herein, this Purchase Order supersedes all prior communications, oral and written.

2.  Acknowledgement

Vendor acknowledges that all terms as to quantity, quality, price, time of delivery and other specifications are material elements of this Purchase Order and must be strictly complied with.

3. Quality

The vendor agrees to furnish the products and/or services in strict accordance with the specifications and at the price set forth for each item. None of the terms or specifications stated in this Purchase Order may be added to, modified, superseded or otherwise altered except in writing, signed by an authorized representative of the Colorado Mountain College (the “College”) Purchasing Department or Executive Office and sent by the College to vendor. Each shipment received by the College from vendor shall be deemed to be only upon the terms contained in this Purchase Order, notwithstanding any terms that may be contained in any acknowledgement, invoice form, or other act or document of vendor and notwithstanding College’s act of accepting or paying for any shipment or similar act of College.

4.  Termination Prior to Performance

Purchase Orders may be terminated at any time before delivery for the convenience of the College. College also reserves all rights under the Uniform Commercial Code Article 2-609 regarding insecurity of vendor’s ability to perform.

5. Termination After Contract Formation or Performance

  1. Failure of Vendor to Deliver. In the event that vendor fails to deliver or perform as and when promised, the College reserves the right to cancel its order, or any part thereof, without prejudice to its other rights, and vendor agrees that the College may return all or part of any shipment so made, and may charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.
  2. Unless otherwise agreed in writing, in addition to the rights and remedies governing the transaction of goods in the Uniform Commercial Code (UCC), the Purchasing Manager may terminate this Purchase Order in whole or in part, for the convenience of the College. The Purchasing Manager shall give written notice of the termination to the vendor specifying the part of the Purchase Order terminated and when termination becomes effective. Upon receipt of the notice of termination, the vendor shall incur no further obligations except to the extent necessary to mitigate costs of performance. Upon such termination, the College shall pay vendor for all delivered and accepted goods, supplies and services but shall not be liable for any undelivered or unaccepted goods, supplies and services that were previously anticipated under this Purchase Order.

6.  Delivery/Inspection/Acceptance

  1. Unless otherwise specified in the solicitation or in this order, delivery shall be F.O.B. destination. Please advise Purchasing Manager immediately if you cannot guarantee the complete shipment will arrive on your promised delivery date noted on the Purchase The title and risk of loss of the goods shall not pass to the College until the College actually receives the goods. All risk of transportation and all related charges shall be the responsibility of vendor.
  2. The College shall have the right to inspect and test the goods at delivery before accepting them. If the College elects to inspect or test, successful completion of such inspection and testing shall be a prerequisite to the College’s acceptance. Payment shall not constitute acceptance.
  3. The College shall notify the vendor promptly of any damaged goods or goods not in conformity with the terms of this Purchase Order. If any goods are not in conformance with this Purchase Order the College may (1) retain all or any portion of the goods delivered under this Purchase Order and return, at vendor’s sole cost and expense, those goods not retained- all without waiver of any claim the College may have for vendor’s breach including, without limitation, the right to damages and the right to cancel this Purchase Order, (2) rescind this Purchase Order as to such non-conforming goods and the College shall receive a full refund, (3) accept such nonconforming goods at an equitable reduction in price, or (4) reject the nonconforming goods and require delivery of suitable A breach of this Purchase Order by vendor may, in the College’s sole discretion, constitute a breach by vendor of any other Purchase Order between vendor and the College entitling the College, in addition to any other remedies it may have, to cancel such other Purchase Order.

7.  Pricing

  1. Prices may not be increased for any reason whatsoever, without the College’s express written consent. If price is omitted on the Purchase Order, vendor’s price will be the lowest prevailing market price.
  2. The College will not be charged for postage, packing, or other charges unless specifically set forth on the face of this Purchase

8.  Payment

Payment will only be made upon submission of an acceptable invoice dated after the date of the Purchase Order. Invoices for Blanket Purchase Orders shall be delivered prior to the ending date if indicated. Payment periods will start from the date of receipt of acceptable invoice or from date of receipt of acceptable merchandise at destination by authorized College agent, whichever is later. Reimbursement for expenses shall only be as pre-approved by the College and shall be submitted and processed per College policy and procedure.

9.  Taxes (State Tax Exemption Number 98-00796)  (FEIN Number 84-0567768)

The College is a statutory local college district in the State of Colorado and is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code and from all City and State taxes and use taxes.

10.   Intellectual Property

All research, data, plans, documents and the like relating to or arising from this Agreement are property of the College unless otherwise specified in the Scope of Work. Any reuse without prior written authorization is prohibited. All users of College technology are expected to use those resources in a responsible, ethical, efficient and professional manner consistent with all applicable laws, including FERPA, and College policies and procedures.

11.  Warranty

Vendor warrants that the goods covered by this Purchase Order are of excellent quality, are safe and fit for their intended purposes, and that such goods and their purchase and use by the College will not infringe upon or violate any patent, copyright, trademark, service mark or other right. Additionally, all provisions and remedies of the Colorado UCC relating to both implied and express warranties are herewith referred to and made a part of this Purchase Order (including that the goods are free from defects in title, workmanship and material, free from defects in design, and of merchantable quality suitable for the purposes of the College). Further, vendor shall deliver to the College at the time of delivery of goods all applicable manufacturer warranties, and other express warranties applicable to such goods. Any vendor providing services shall perform all services in a good and workmanlike manner, to the reasonable satisfaction of the College. Vendor agrees, at its own expense, to diligently correct any work and replace any goods or materials deemed unsatisfactory by the College.

12.   Jurisdiction

This Purchase Order shall be construed in accordance with the laws of the State of Colorado. In the event any dispute arises hereunder, the venue for any legal proceedings shall be in Garfield County, Colorado, and vendor hereby submits and agrees to the jurisdiction of the courts therein. The Colorado UCC shall apply to the interpretation and application of this Purchase Order to the extent consistent with the terms herein set forth.

13. Compliance with Laws

Vendor at its expense shall comply with all applicable Federal and State laws, rules, regulations, orders and ordinances from time to time in effect regarding the sale of goods or services under this Purchase Order; and upon reasonable request, vendor at its expense will execute and furnish to the College appropriate written certifications of compliance. The vendor is responsible for obtaining any and all licenses and permits required for the performance of this Purchase Order. Where applicable, such compliance shall include but not be limited to the Colorado Anti-Discrimination Act of 1957, as amended; the Rehabilitation Act of 1973, as amended; the Code of Federal Regulations provisions regarding equal employment opportunity, affirmative action, employment for disabled veterans and veterans of the Vietnam era, and employment of the handicapped; the Anti-Kickback Act of 1986; the Americans with Disabilities Act; and, with all rules, regulations and orders issued thereunder; and FERPA.

14.  Independent Contractor

The vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the vendor nor any agent or employee of the vendor shall be or shall be deemed to be an agent or employee of the College. Vendor shall pay when due all required employment taxes and income tax withholding including all Federal and State income tax and local head tax on any monies paid pursuant to this Purchase Order. Vendor acknowledges that the vendor and its employees are not entitled to unemployment or workmen’s compensation insurance benefits from College and that College does not pay for or otherwise provide such coverage. Vendor shall have no authorization, express or implied, to bind the College to any agreements, liability, or understanding except as expressly set forth herein. Vendor shall be solely responsible for the acts and omissions of Vendor, its employees, and agents.

15.   Assignment

Neither party to this Purchase Order may assign any portion of this agreement without the prior written consent of the other party.

16.   Fund Availability

All financial obligations of the College subsequent to the fiscal year, ending June 30, are contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the College Board of Trustees. This Purchase Order shall not be deemed to create any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of Section 20(4)(b) of Article X of the State Constitution (Amendment 1).

17.   Exclusivity

It is expressly understood that this Purchase Order does not grant vendor an exclusive privilege to furnish to the College any or all of the type of products and services, which are the subject of this Purchase Order, which the College may require. The College expressly reserves the right to contract with others for the purchase of products and services comparable or identical to the products and services that are the subject of this Purchase Order.

18.   Indemnification

Vendor will indemnify, defend and hold the College harmless from and pay for any loss, damage, judgment, cost or expense (including without limitation, legal fees and court costs) arising out of (i) any actual or alleged death of or injury to any person, any actual or alleged damage to or destruction of any property, or any other actual or alleged damage or loss whatsoever, resulting or alleged to result in whole or in part from any actual or alleged defect in any goods or services covered by this Purchase Order, whether latent or patent and including, without limitation, any actual or alleged failure by such services and goods or the manufacture, possession, use or sale thereof to comply with any law, rule, regulation, ordinance or order; and (ii) any breach by vendor contained in this Purchase Order. Vendor shall be solely responsible for any and all losses, damages, injuries, or expenses, include consequential damages, incurred by vendor in connection with its performance pursuant to this Purchase Order. The College shall not be liable for and shall not indemnify vendor for any such losses, damages, injuries, or expenses.

19. Insurance

In accordance with the policies and procedures of Colorado Mountain College, a local college district, all vendors and service providers must maintain certain insurance and specified limits for the duration of the contract. Vendor represents it carries currently in-force liability insurance as outlined in Colorado Mountain College Insurance Requirements. Colorado Mountain College reserves the right to ask for proof of this insurance.

20.   Rights and Remedies

The rights and remedies of the College under this Purchase Order are cumulative and not exclusive of any rights or remedies to which the College is entitled by law. The exercise by the College of any right or remedy under this Purchase Order or under applicable law will not preclude the College from exercising any other right or remedy under this Purchase Order or to which the College is entitled by law.

21.   UCC

Except as otherwise agreed, the Uniform Commercial Code shall govern in the case of transactions in goods. In the case of services, if the vendor refuses or fails to timely perform any of the provisions of this Purchase Order, with such diligence as will ensure its completion within the time specified in this Purchase Order, the Purchasing Manager may notify the vendor in writing of the non-performance, and if not promptly corrected within the time specified, such officer may terminate the vendor’s right to proceed with the Purchase Order or such part of the Purchase Order as to which there has been delay or a failure to properly perform. The vendor shall continue performance of the Purchase Order to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. Payment for completed services performed and accepted shall be at the Purchase Order price.

22.   Terms

The terms “the College”, “we” and “us” shall refer to Colorado Mountain College, a local college district, the purchaser identified on the front side of this Purchase Order. The terms “vendor” and “you” shall refer to the vendor identified on the front of this Purchase Order.

23.     Miscellaneous

  1. The invalidity or unenforceability of any provision of this Purchase Order under any present or future law, rule, regulation or ordinance will not affect any other provision of this Purchase Order, and the remaining provisions of this Purchase Order shall continue with the same force and effect as if such invalid or unenforceable provision had not been inserted in this Purchase Order.
  2. No term or condition of this Purchase Order shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS-24-10-101 et seq. the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended.
  3. All goods delivered and labor performed under this Purchase Order shall be free of all liens and, if the College requests, a formal release of all liens shall be delivered to the College.
  4. No revision of this Purchase Order shall be valid unless made in writing and signed by a duly authorized representative of the

24.   CORA

It is understood that the College is a public institution and, as such, is subject to the Colorado Open Records Act, CRS §§ 24-72-101 et. seq. (“CORA”). Except as otherwise agreed prior to the award or finalization of any vendor transaction, College shall provide upon request by any third party all information pertaining to such transaction which must be disclosed pursuant to CORA, and College’s obligations under CORA supersede its obligations under any agreement, contract, purchase order or negotiated transaction.