HomeMy WebLinkAbout205017 OUTDOOR PROMOTIONS - PURCHASE ORDER - 2208603Citv of Fort
Page Number: 1 of 1
City of Fort Collins
Date: 12/18/02
PURCHASE ORDER NUMBER: 2208603
Delivery Date: 12/18/02 Bu r: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills o iding and all correspondence
NOTE:
Line: Qty/Units: Descriptit
1 1 LOT 6866
City of For C Ilins Director of Purchasing and Risk Management
This order of valid over $2000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us
Extended Price:
2,240.00
Total: 2,240.00
Mail Invoices in duplicate to:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
L COMMERCIALL DETAILS,
Invoice Addseq. To eruure prompt Paymelst mail invoice in duplicate m:
City of FortCollins Aaounting avision
RO. Box 580
Fiat Collins, CO 80522
Tex exemptions. By swsul the Cityof Fna Colliru is exempt from smte and lea taxer. Om amptis Number
is 9&04502. Federal Excise Tax Exemption Certificate ofRegisuy 84-6000587 is registered with the Collector of
Losses Revenue, Downs, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goad Rejected. GOODS REJECTED due to failure so m.0 sperificauom, either when shipped or due to defies
of damage in transit, may be resumed an you for credit and are not to he replaced except upon receipt of wrinm
instructions from she City of Fort Collins.
Inspection. GOODS no subject m the City of Port Collins inspection on arrival.
Food Acceptance. Receipt ofthe merchandise, writ a a equipment in respene to this cdar eon result in authaized
payment on the pat of the City of Fort Collins. However, it is Or be mderatood that FINAL ACCEPTANCE is
dependent upon camped. of all applicable required inspection procedure.
Freight Tams. Shipments muss be FOR., B., City of Fort Collins, 700 Wind St, Foot Collins, CO 80522, .less
othassie specifiedon this coda. If pamission is given to preeAY freight and charge separauly= the original freight
bill man acme say invoice. Additional ehaga fro packing will not be accepted.
Shipment Obsnce. Where manufactures have devibuting pains in vaious puts of the country, shipment is
expected Saidthe neaat distribution point to detinetion, and excess freight will be deducted from Invoice when
shipments are made frare Santa dinma.
Permits. Sella shall procure a sellers sole cast all ne asary permits, certificates and licama required by all
applicable laws, regulations, ordinances; mad anrules ofthsta
g, ag, m.icipdu ity, ary itoor Political subdivision where
the work is performed, a required by my other duly nominated public authority having jurisdiction over the work
of voider. Sella further ages to hold the City of Fort Collins burmlem from and again[ all liability and Ins
incurred by than by seems of an asserted or established violation of my such laws, regulations, mdirunca, rules
and requiremmu.
Aahmi aria. All parties in this contract agree that the repraentetives me, in fact, bona fide and possess full and
eorp oto authority to bad said pave.
LI ATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein as forth and my supplemsssy a addbiaul some and condition massed hereto m warrporated herein by
reference. Any additisa Or different toms and conditions propsed by seller arc objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT bmncdlaeiy Wynn canna make cornpleu shipment to arrive an your
prwnised delivery doe. noted. Time is of the asesic Delivery and performance nun be effected within the time
stated an the purchase ender and the documents atncbed home. No as of the Purchases including, without
limitame, mceptence of partial lee deliveries, shall opera, a a waver of this provision. In thc event of my delay,
the Purchaser shall have, in addition in Woo legal mdequitable remedies, the option of Placing this order elsewhere
and holding she Seller liable fOr damage. However, the Sella shall not co liable for damage. a t of delays
due in cause toot reasonably fineemable which ea beyond is removable control and wither is ofn fault of mgliBence,
ones
es p of God, act of evil th milisy as causing govmmensl prioritie, fires, strike, hood, epidemic, was
Or riots provided Bra noticeofthe inammucantingsoh delay sgiven m slot Purchaserwithin five livdays allh
was when the Sella fiat rmeived knowlalge thereof. In the event of any such delay, the doe Of delivery shall be
amended for the period equal in the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrens that all goads, articles, materials and work covered by this Order will confomn with applicable
drawings, spmfisido , wer le at or Other description given, will be fit for the Purposes intended, and performed
with the highest dgeo of can ond compensate in mcardana with accepted standards fix work of a similar nature.
The Sella Was in bold the purchaser hmNes from my lon, daage or expense which the Purchaser may sulfa
Or incur on account of the Sellers breach of warrmry. The Sella shall replace, repair or make good, without cost to
the purchaser, my dfecs Or fouls arising within me (1) year or within such longer period of came in may be
prescribed by law Or by the terns of any applicable warranty providedby the Sella aft. the date of."ance of
the goods furnished hereunder (muep.. not to be anrc.mably delayed), resdong from imperfot or defective
work done or materials fiunisbed by the Sella. Acceptance muse of goods by the Purchase shall not constitute a
wiaM of my claim ands, this werranty. Except as otherwise provided in this purchase order, the Sellers liability
hereunder shall extend to all damages proximately caused by the brmcb of my of the foregoing warranties Or
guamase, bra such liability shall in m event include has of lams in Ices of use, NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES W LEGAL TERMS.
The Partisans. may fink, changes to legal reins by writen change order
5. CHANGES IN COMMERCIAL TERMS.
The Punchier may .it. my change to the [ems, other dam legal toms, including additions to Or deletion from
the quentides originally .dered in the specificetime Or drawing, by rated or written change order. If my such
change aie. the arrow, due On the time of pert.. here.der, on Imabb adjutment shall be made.
6. TERMINATIONS.
The pmchasor may at my time by written change miss, laminae this agreement as to my Or all pennons of the
goads dam out shipped, subject to my equisbde edjeumat between the porous a to my work Or mamas than in
progress provided drat the Purchaser shall not be liable fro my claimer for anticipant prm s on the.camplered
portion ofthe goods and/or work, for imodental or comequential dotage, and that no such adjustment be made in
favor of the Sella with rapeot to my goods which an, the Sellers mmdard suck. No such urtNnation shall relieve
the Purchaser m the Sella of my of their obligations in m my goads dal ivered hereunder.
]. CLAIMS FOR ADXSTMENT.
Any claim for adj zzaam rrua be alerted within shirty (30) days from the dam the chmg or minimum is ordered
8. COMPLIANCE WfTH LAW.
The Sella wastes the all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations in which the goods are subject_ The Sella shall execute and
deliver such daerunens as may he national On effect or evidence compliance. All laws and regulations taloned to
he incmpmand in agccnmrns of this clmacier eras hereby incappmated herein by this reference. The Sells agrees
to indermify and hold the Purchaser harmless from all axis and damages suffered by the Purchaser as a result of
the Senors failure to comply with grab law.
9. ASSIGNMENT.
Neither patty shall assign,burner, Or convey this ads, or my m.i. due Or m become due bere rshr withomthe
prior written comet of the other party.
10. TITLE.
TheSellawarmsfull, clwrandunreand nd title.the Pach.afor allegmprrmu, nmaiels,and itamd funiahcd
in performance of this agcanrnt, free char of my and all liens, rcstriaims, ws,rvmions, secmiry interest
e ameduance and clams of others.
11. NONWAIVER.
Failure of the Purchases to insist upon strict performance of the team and conditions hereof, failure as delay m
exercise my rights Or remedies provided herein Or by law, failure to promptly notify the Sella in the event of a
branch, the scceptmce of or paymcat for goods hereunder or approval of the deign, shall not release the Sella of
my of the waamtia or obligations of this purchase order and shall not he deemed a waiver of my right of the
purchase, m insist upon strict pafence. hereof or my of i%rights or ra ralia as to my such goads, regardlaa
ofwhm shipped, received or accepted in in my Prior or subsequent default beeurd o, nor shall my supported mad
modification or recision of this purchnc order by the Purchaser operate as awiiva of my of the temss hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic prettier, overcharges mating from retimast violations
are in fact bane by the Pumices, Thaemfas, far good one aide omsidesom fa atoning thu Purchase ads,
the Sella hereby and ma m the Pa low, my and all claims h any now have or heneafta acquired order federal ar
state antitrust laws for such overcharges relating in the particular goods m services purchased in acquired by the
Pantheist, pursuant to this purchase Order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser duals the Sella to corect nonconforming Or defective goods by a date to be agreed upon by the
Purchat, and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Prrchna
may cause the work to be performed by the rant expeditioas mums available to it, and the Sells shall pay all costs
associated with such work.
The Sella shall release the Purchaser and is contractors of my tier from all liability and claims of my nature
resulting from the performance of such work.
This relmse shall apply even in the even of fault of negligence of the Perry reoral and shall atend in the directors,
officers and employers of such party.
The Sellers cmmandi obligations, including warranty, shall not be deemed in be reduced, in my way, because such
work is pafommed or caused to be performed by the Purchaw,
14. PATENTS.
Whencva the Sells is required to use my design, device, material or process covered by leper, Faso, trafcmmk
or copyright, the Sella shall indemnify and save harmlces the Purchaser from my and all claims for infringement
by reason of the use of such patented deign, device, material Or process in connection with the contract, and shall
indemnify the Purchxsa fro my set, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the nomination Or efur the completion of the work. In Once said equipment. Or my
pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said
equipment a par is enjoined, the Sella shall, at is own expense and a is option, either pinewe for the Purchases
the right to continue using said equipment or pare, Mime the same with substantially equal but ns-infringing
equipment, Or modify it so it become non -infringing.
15. INSOLVENCY.
lithe Sella shall become insolvent or bankrupt, make an assignment An the benefit of cramw, appoint a receiver
or trustee for my of the Sellers fo perty or incomes, this Order may forthwith be canceled by the Purchaser without
liability.
16, MVERNING LAW.
The dd initions of terns used or the interyraais of the agreement and the rights of all patio heremder shall be
constmed under and governed by the laws of the Size of Colorado, USA.
The following Additioml Conditions apply only in cases where the Sella is to perform work hereunder, including
the services of Sellers Representative(%), an the pramea of allies
17. SELLERS RESPONSIBILITY,
The Sella shall tarty on said work at Sellers own risk until the same is fully completed and auepled, and abell, in
case of my accident, decoction m injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Pmchasa. When materials end
equipment on, furnished by others for installation or erection by the Sella, the Sella shall receive, mlodk more and
handle sane a the site and become responsible theref e as though such materials and/or equipment were being
famished by the Sella anda the order.
18. INSURANCE.
The Seller shall, az his own mprnee Provide for the payment of workers compensation, including occupational
disease benefits, to is employees employed an Or in omarion with the work coveted by this purchase order, and'ar
to their dpadots in accordance with the laws of the sae in which the work is in be done. The Sells shall also
cony comprchmsive general liability including, but non limited en, contractual and automobile public liability
instance wit bodily injury and death limits of a lean j3W,000 for my one person, $500,000 fro my one maiden[
end property damage limit pa accident of S40o,000. The Sella shall likewise require his condemners, if my, to
Provide for such <mr,omms and in, Ormce. Before my of the Sell. Or his conW t. employers shall da my
work upon the pmnisa of others, the Sella shall furnish the Pushover with a mvficak thed such c nnpenestion u d
insurance have berm provided. Such cenifscake shall specify the data when snob compensation and i.urmce have
been provided Such certificates shall specify the data when such compmsaim and insurance expire. The Sella
ages, that such compensation and insurance shall be maintained wail after the more work is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume, the entire renporeibilitY and liability for any and all damage, law or inquiry of my kind
or mamma whasaever to perms or property aped by Or restating ft. the exaufim of the work provided fro in
this purcb.e Order Or in cmnad. herewith. The Sell. will indemnify ad hold hamlet, the Pmchasa and my
or all of the Purchases off.an, agms and employe. from and Mass, my ad all claims, Iona, damage, thage,
or expenses, whether director indirect, and whether in {rams or property to which the purchaser may be Put or
subject by re.m of my nor, anion, neglect otnissim or dfmlt an the part of the Sella, my ofhis coneemon, a
my of the Seller on, sntraomt offices, Mass as afipc, a. In rose my suit or mbar praaWmgs shall be brought
against the Purchaser, Or is officer, ages Or employees at airy time on sommat or by ream of my its, atim.
neglect, mnission a dfwh of the Sella ofany ofhis mntramrs or my of is Or their offset, allow or employees
. afines id, the Sell. hereby agora an assume the dfe.c thereof and to round the same a the Seller own
expe.e, to pay my and all toss, charges, attorneys fees and other expenses, my and all judgments that any be
incuaei by a obtained again. die Purelnsa or my ofis a their office., agents or employee in such suits on Other
proceedings, and in rose judgment Or other lim be placed upon a obtained against the property of the Purchaser,
a said parties in or . a result of such suits or other proceeding, the Sella will a race came the exme in be
dissolvedadall.11 nrdswingbondm rth pre,c The ofBa.dbs, comply with
all Ike alldairyprermstlou.
famish and insln all guards naenary for the n, the cc of Occupational
Safety
comply with all laws and and Oil se with
regard m eatery including, but without Iimiltim, the Occvpetiwul Safety and Health Act of 19]0 and all rota and
regulations issued pursuant thereto.
Revised ll/9