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HomeMy WebLinkAbout133766 VANTAGE MARKETING - PURCHASE ORDER - 2208691Ift City of Fort Collins Page Nu 1 City of Fort Collins Date: 12/24/02 Purchase Order Number: 2208691 Delivery Date: 01/31/03 Buyer: O'NEILL,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 2003 CITIZEN SURVEY 2 1 LOT 2003 CITIZEN SURVEY Total 5,750.00 6,250.00 12,000.00 -.. _. _ _ .... . a _.._ ............................ City of Fort Collins This order is alid over, $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221.6776 Fax: 970-221-6707 Email: info&i.fort-collins.co.us Fort Collins, CO 80522.0580 Purchase Order Terms and Conditions 1. COMMERCIALDETAMS. Invoice Addres To ensureprmrrpt Payment mail invoices in duplicate to. City of Fort Collins Amounting Division P.O. Box 580 FM Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt from scale and local taxes. Our Exemption Number is 98-m502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Raised Statutes 1973, Chapter 39-26, 114 (a). Gods Rejected. GOODS REJECTED due in fvlum to meet specifications, either when shipped or due to defects of damage in transit, may be rebound in you far credit and are not to be replaced except upon receipt of written instructions from the City of Fat Collins. Inspecdon. GOODS are subject to Ne City of Fort Collins impmfim m arrival. Fiat Amoparme. Recap ofthe merchandise, services or equipment in malaria, m this order ran result in authoriind Payment an the part of the City of Fort Collins. However, it is to be, understood that FINAL ACCEPTANCE is dependent upon complex= of all applicable requited inspection procedures. Freight Tema. Shipments must be P.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, aleas otherwise specified an this ceder. If poser asim is given m prepay freight and charge sepsntely, the crigial freight bill mart accompany invoice. Additional charge for packing will not be accepted. Shipman Distance. Where manufactur. have distributing proton in various parts of the country, shipment is expected from the newest distribution point to destruction, and excess freight will be deducted from Invoice who shipments ace made farm grata distance. Permits. Sella rhall procure az sell. sole con all necevmry permits, certificate and licenses required by all applicable laws, regulations, ordinances and rules of the note, municipality, territory, or polifical subdivision where the work is performed, or ratyired by my other duly assumed public authority havingjur metier over the work of van". Sella further agrees in bold the City of Fort Collins harmless from and against all liability and lass incurred by them by rearm of an averted or established violation of my such laws, regulations, ordinances, rules and reepubanens. Audu risadon. All parties to this contract agree that the representatives are, in had, bum fide and possess full and complete authority to bind said portion. WNETATION OF TERMS. This Purchase Order expressly limits accepmnce to me toms and candidate, Hated herein me forth and my supplementary a additional terms and condtims annexed man m incorporated herein by reference. Any additional or different toms and conditions Imposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASEADVISEPURCHASINGAGENTimmediatelyifyoucannotmakecm leeshipmentmarriveonyour practised delivery dne as need Time is of the esxmce. Delivery ad performance must be effected within the time Hated on the purchase order and die ded.0 attached Im no. No acs of the Purchineas including, without limitation, acceptance ofpertial two deliveries, shall operate to awaiver of this provision. In the event of my delay, the Pmehaxr shall have, in addition to echo legal and equitable remedies, me option Orphism, this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of Maya der in case eat fmsombly f nameable whirr art beyond its reasonable control and without its Cult of negligence, such ran of Gad, tin of civil or military auth nifies, governmental priorities, fires, strike, flood, epidemics, wan or riaa provided thm entice of the cmditiom causing soh delay is given to the Pmchazer within five (5) days of the time when Ne Seger Ern received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants thin all goads, articles, materials and work covered by this under will cmfom with applicable drawings, specifications, sampler anda other descriptions given, will be fit fix the purposes intended, and prrfamed with the highest degree of race and compares, in accordance with accepted asndards for work of a similar name. The Sella agrees in hold me pmchasa heathen from my less, damage or expense which the Pmcbasa may suffer un inmr m account of the Sellers breach of wamnty. The Seller shall replace, repair or make good without cast to the purchaser, my defects or faWu arising within one (1) year or within such longer period of time as may h Inscribed by law or by the tams of my applicable warranty provided by the Sella after the data of accepmce of the goods famished hereunder (ecce"ce not to the unreasonably delayed), mulfing from imperfect or defective work done Or materials famished by the Sella. Acceptance Or we ofgoods by die Purchma shall not constitute a waiver of my claim mean this wamaty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damage proximately caused by the branch of my of the foregoing warranties or guamees, but such liability shall in an event include Into ofpmfits or lost of us: . NO MLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes on legal terns by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the toms, odic data legal tens, including additions in Or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the mwunt due or me lime of perfomax hereunder, an sepsis ble adjustment shall the made. 6. TERMINATIONS. The Pmchea may at any time by written change order, t.dnate this agreement as in any or all portions of the goods then not shipped, subject in my equitable adjustment between dic partial as to my work Or materials that in progress provided that the Purchaser shall not be liable far my claims for anticipated profits m the uncompleld patio of the goods andra work, fa incidental m consequeadal damages, and dim no such adjustmat be made in favor of the Sella with ropes to my goods which we me Sell. sandard stock. No such termination shall relieve the Purchaser Or the Seller of my of their obligations as to my goods delivered hommula. T. CLAIMS FOR ADJUSTMENT. A, clam far adjustment most be wanted within thirty (30) days ham the dare the am, Or wornmamn is ordered 8. COMPLIANCE WITH LAW. The Sellerwarmns that all goads sold herundd shall have been produced, sold delivered and famished in sic[ compliance with all applicable laws and regulations in which the goads are subject. The Seller shall execute and deliver such documents in may be mquired to effect in evidence compliance. All lows and regulation required to be incorporated in apra wms of this character we hereby incommated herein by this reference. The Sella agrees m indemnify and hold the Purchases harm. from all ems and damages suffered by the Purchaser ae a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither party shall coign, transfer, or convey this order, a my amid den a m became due homestead, wn, m me prim written cmtsent of the other party. 10, TITLE. The Sella warrants full, clear and unresmned fide to the Purchaser fa all eid overt, material', ad'rms ffinihd in performance of this agreement, free and clear of my and all liras, restrieticen, reservations, sa unity intact encumbmn ei an0 claims of others. 11. NONWAIVER. Failure of the Panama to insist upon strict performance of the tams and conditions hereof, falhm in delay to ex.ise my rights or mnedies provided herein or by law, failure in promptly notify the Sella in the event of a breach, the mcnpmnce of or paymmt far goads hereunder or approval of the design, shall not release the Sella of my of the waranties or obligations of this pmrcham order and shall not be, deemed a waiver of my right of the purchaser in insist upon sniff performance hrnmf or my of its rights or remedies a to my such goads, regon less ofwhm shipped received or incepted, a in my prim or subsequent default hereunder, nor shall my puryotrM oral modification or rescission of this purchase order by me Purchaser operne in a waiva of my of me terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchasa receptor that in actual«ncomic practice, overcharges resulting ft= summit violations we in fact home by the Purchaser. Theremfae, far good cause and as conid.fim for executing this purchase code, the Sella hereby usages to the Purchaser my and all claims it may now have or hereafter acgwred under federal or Haze antitrust laws her such overcharges relating to me particular goods or service purchased in acquired by the Purchaser punnow to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pardoner directs the Sella to correct nmcmforming or defective goods by a daze to h agreed upon by the Purchaser and the Sella, and the Sella thaeafta indicates its inability or unwillingness to comply, the Purchases may cause the work to h performed by the own, expeditious means available to it and die Sella shall pay all cents associated with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claimer of my nature resulting from the performance of sash work. This release shall apply even in the event of fault ofneghgmm of the party releaxd and shall emend w the directors, Officers ad employees of each parry. The Seller's communist Obligations, including warranty, shall nd be darned in be reduced in my way, because such work is performed or caused to be, performed by the Purchaser. 14. PATENTS. Whenever die Seller is reyuirN to use my design, device, material or process covered by Inver, patent, roulmork or copyright, the Sella shall indemnify and rave harmless the Purchaser ft. my and all claims for fnfting.ent by reason of the use of such parented design, device, material or process in connection with the cmmuct, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by mum of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or me intended me of me goods, is in such suit held to constitute infringanmt and the use of said equipment or pen is enjoined the Sella shall, at its own expeme and a its option, either procure far me Purchazm the right to continue using said equipment or parts, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. DISOLVENCY. If the Seller shall became insolvent or ban6upt As an assignment for the benefit of credit., appoint. minver or tuna fix my ofthe Sellers property in business, this order may forthwith her canceled by me Purchases without liability. 16, GOVERNING LAW. The definitions of terms used a the interpretation of the agreement and me rights of all ponies hereun is shall he construed wild and gommed by me laws of the State of Colorado, USA. The following Additional Conditions apply only in rases where me Sella is to perform work hereunder, including the services of Sellers Rormsentative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Sella shall carry on said weak at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work andlm nationals before Seller's final completion and acceptance, complete the work at Seller's own exMoe .die die minified. of the Purchaser. When .aerials and arm .mum are famished by others fun installation Or erection by the Sella me Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and cr equipment were being famished by the Sella undid me order. I8. INSURANCE. The Sella shall, at his own expense, provide for me payment of workero compensation, including occupational disease bends, in is employers employed an or in oomedon with the work covered by this purchase arid, under to their dependents in accordnnm with me laws of the sate in which the work is to be Once. The Sella shall also arty, comprehensive general liability including, but not limited in, contractual and automobile public liability insurance with bodily injury and death limits of a least f300,000 for my we Person, $500,003 for my me accident and poperry, damage limit per accident of $400,000. The Sella shall likewise require his contrators, if my, to provide for such compensation and insurance. Before my of the Sellers or his continuous employed shall do my work upon the premises of am., the Sella shall famish die Purchaser with a mail. eras such cooperate. and insurance have been provided. Such commatcs shall specify me date when such compmsatim and insurance have beat provided. Such certificates shall specify die daze when such commundim and insurance expire. The Sella agrees than such compmnarm and insurance shall be maintained until after the more work is completed and accepted 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby as. me entire rapomibiliry and liability for my and all dmage, lass or injury of any Had nature whatsoever to prams or property caused by or resulting Ban me executim of the work provided far in this purchase order or in comneaim herewith. The Sella will indemnify and hold hamless me Purchind and any or all of the Pumhasds offices, agents and employees flan and amnt my and all claim, lasso, damages, charges or expenses, whether direct or indirect, and whether to persons in property to which the Purcheer may he put or subject by reason of my ad, action, nsgiat omission or default on me part of the Sella, my ofhis comtracmn, or my ofine Sellers or mntracnsrs offices, option or employes. In case my suit or other Proceedings shall be brought against me Purchaser, or its offices, agents or employers at my time On amount or by reason of my act action, neglect emission or default of the Sella of my of his connectors Or my of is in their officers, agents m ernp Uers as aforesaid, the Seller hereby tire,; to assume die defense Nercof and to defend the acme a the Sell. own expense, to pay my and all ass, charges, at[omcys fees and other expenses, my and all judgments that may be inured by or obtained against the Purchaser or my offs a their offices, agents or employee in such suits or other proceedings, and in one judgment or other lien h placed upon or obtained agora[ me property of me Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will az arm cause the time to he divolved and discharged by giving bonds otherwise. The Sell, and his contractors shall take all today rtcautions, famish and install all guards necessary for the prevention of accidens, comply with all laws and regulations with regard In safety including, but without limitetion the Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant merem. Revised 1I19