HomeMy WebLinkAbout342471 FLEXX PRODUCTIONS - PURCHASE ORDER - 9957310Date: 12/8/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9957310
Delivery Date: 12/7/2009 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
Tent Rental -Holiday Party
Total
City of Fort CqrinY Director of Purchasing and Risk Management
This order is n1qValid over $5000 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: purchasing@fcgov.com
6,671.53
$6,671.53
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects oh
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of For Collins.
Inspection. GOODS are subject to the City of For Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authotized
payment on the pan of the City of For Collins. However. it is to be understood that FINAL AC CF PTANC'E is
dependent upon completion of all applicable required inspection procedures.
Freight Tents. Shipments must be F.O.B., City of Foil Collins, 700 Wood St.. Fort Collins. CO 80522. unless
otherwise specified on this order. If pennission is given to prepay freight and charge sepamtcly, the origiad freight bill
must accompany invoice. Additional chit ges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is expected
from the nearest distribution point to destination, and excess freight trill be deducted hoar Invoice when shipments arc
made front greater distance.
Permits. Sellershall procure at sellers sole cost all necessary permits, certificates and licenses required byall applicable
laws. regulations. ordinances and rules ofthe state, municipality, territory or political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless li'ono and against all liabilitv:ad loss incurred by thentby
reason of an asserted or established violation of any such laws. regulations, ordinances. rules and requirements.
Authorization. All parties to this contract agree that the representruives are, in fact, bona fide :ad possess lull and
complete authority to bind said patties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and cunditionssiated herein
set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference•.
Any additional or different terns and conditions proposed by seller are objected it) and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ;arrive on your
promised delivery date as noted. Tinto is ofthe essence. Deliveryand performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts ofthe Purchasers including, without
limitation, acceptance of partial line deliveries, shall operate as a waiver of this provision. In the event ofuny delay, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its F,ult ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires. strikes- food, epidemics, tears o' riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within live (5) days ofthe time
when the Seller first received knowledge thereof. In the event ofany such del;ty, the date ofdeliverysliall beextended
for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller warrants that all goods. articles. materials and work covered by this order will contour with applicable
drawings. specifications, samnples and/or other descriptions given. will be lit for the pwposes intended. and perfomed
with the highest degree of care and competence in accordance with accepted standards fix work of a sinnilar nature.
The Seller agrees to hold the purchaser harmless front any loss, ekunage ur expense which the ['ill chasc•r no;ty stifle[ or
incur on account of the Sellers breach of—ranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults arising within one ( 1) year or within such longer period of time as ntw be prescribed by
law or by the terns of any applicable wallanty provided by the Seller at the date of acceptance of -the goods
funished her (acceptance not to be unreasonably delayed), resuhing f our imperfect m detective work done or
materints furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany
claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any ofihe foregoing waranties ur guarantees, bill such
liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser roily make changes to legal tents by written change ordet:
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser ntav stake any changes to the terns, other than Ieg:l terns. including additions ❑) tit deletions lions the
quantities originally Ordered in the specifications or drawings. by verbal or written change under. If :any such change
affects the amount due m the time o'perforru ace hereunder an equitable adjustment shall he nude.
ti_ TERMINATIONS.
The Purchaser may at ;any time by written change order, tenninate this agreement as to ;my or all portions of the goods
then not shipped, subject to any equitable adjustment between the parties as to any work or materials (lien in progress
provided tfuu the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the
goods antfor work, for incidental or consequential damages. and that no such adjustment be node in flavor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such ten»ination shall relieve the Iurchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days font the date the change of termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in stria
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are her incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suflered by the Purchaser as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XX V I I I of the Colorado Constitution ("Article XX V I I I" ). then the provisions of Section 15 ufArticle XXVI I I
are hereby incorporated into this [Agreement]. In such a case, if the [C'ontractOl I u[ any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXV III, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract. or
public employment with the state of Colorado m any of its political subdivisions, finthree year.
9. ASSIGNMENT. .
Neither party shall assign, transfer, m convey this order. or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE,
The Seller \variants fill, clew and unrestricted title to the Purchaser for all equipment, ntttenals. and items fumished in
perlimnance of this agreement, flee and clear of any and all liens, restrictions. reservations, security interest
encumbrances and chins of others.
11. NONWAIVER.
Failure• of the Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to
exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event ofa breach,
the acceptance of on payment Iir goods hereunder or approval ofthe design, shall not release the Seller of any of the
warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict peliolm;mce hereof or any of its rights or remedies as to any such goods. regardless of when shipped,
receitrd or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchaser operate its a at of -any of the terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller :and the Put chaser recognize that in actual economic practice, overcharges resulting fi our antiu'ust violations are
in fret horse by the Purchaser.'I'heretofore, for good cause and as consideration for executing this purchase order, the
Sefer hereby assigns to the Purchaser any and all claims it stay now have of hereafter acquired under federal or state
antitrust laws ol'Srch over relating to the particultu' goods or services purchased or acquired by the Purchaser
pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the• Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work m be perfonocd by the most expeditious means available to it. and the Seller shall pay all costs
associated with such eoik.
The Seller shall release the Purchaser and its contractors of any tier font all liability and claims of any nature resulting
tiara the performance ofsuch work.
This release sh:dl apply even in the event of fault Of negligence of the party released and shall extend to the directors,
oflicers :act enployees ofsuch panty.
-file Seller's contractual obligations. including wat-auty. shall not be deemed to be reduced, in any way, because such
work is perforated or caused to he per by the Ptuchaser.
14, PATENTS,
Whenever the Seller is required to use any design. device, material or process covered by letter• patent• trademark or
copyright. the Seller shall indemnify and save harmless the Purchaser fa ono any and all claims for infiingentent byreason
ofthe use ofsuch patented design, device, material or process in connection with the contract• and shall indemnify the
Pa'chnser for any cost, expense or damage which it may be obliged to pay by reason Of such infi irgement at any tir-
during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof or the intended
use ofthe goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the
Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or parts, replace the snnoc with substantially equal hot non -infringing equipment, or modify it so it becomes
non -infringing.
15. INSOLVENCY.I f the Sellershall become insolvent or bankrupt. make an assignnnent for the benefit ofereditois, appoint a receiver or
it IN my ofthe Sellers pi perty or husiness, this order may for thtvith be canceled by the Purchaser without
liability.
lo. GOVERNING LAW.
"hhe definitions of terns used ur the intetprctntion of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of C'ulomdo. USA.
The lidlowine Additional Conditions :apply only in cases where the Seller is to perform work hereunder. including the
services of Sellers Represent:vive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carryon said work at Sellers own risk until the sane is Itdly completed and accepted, :ud shall, in case
of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
o...1,1 to the murk of Seller's own expense and to the satisfontion of the Purchaser. When materials and cquipntent:are
furnished by others fur installation or erection by the Seller, the Seller shall receive, unload, store a nd handle same rat
the site and Iteconnc responsible thetclon as though such materials and/or equipment were being furnished bythe Seller
under the order.
IS. INSIJRANCE. tt t o
t he Seller shall, at his t. en expense, provide for the paynoent oft •rakers ec ntpensation, includineoceupationaldaease
benefits. to its employees employed On or in connection with the work covered by this purchase order, and/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant'
cunoprchensive general liability including- but not limited to, contractual and ❑ itonoobile public liability insurancewith
bodily injury and death limits of at least S300.000 for any one person, S500,000 for any one accident and property
damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the
premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have
been provided Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indennify and hold harmless the Purchaser and any m all of
the Purchasers ollieeis, agents and employees front and against any and all claims, losses, damages, charges or
expenses. whether direct or indirect, and whetlierto persons orproperty to Which the Purchaser maybe put or subject
by reason of any act. action. neglect. omission of default on the pan of the Seller. anyofhis contractors, of anyofthe
Sellers Or contractors officers. agents or employees. In case anysuit orother proceedings shall be brought against the
Purchaser, or its officers, agents or employees at any time on account of by reason ofany act, action, neglect. omission
or defaull nl the Seller of any of his contractors or cony of its or their officers, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof;ud to defend the same at the Sellers own expense, to pays yand
all costs, charges, attorneys fees :cod other expenses, any and all judgments that may be incurred by m obtained against
the Purchaser or any of its or their officers. agents or emplovees in such suits or other proceedings, and in case
judgntenr l oother lien be placed upon or obtained against the property of the Purchaser• or said parries nor as aresult
of such s uits or other pt occedings, the Seller will at once cause the same to be dissolved and discharged by giving bond
or otherwise. The Seller and his contractors shall take all safety ptecautiOns• furnish and install all guards necessary lot
the prevention of accidents. comply with all laws and regulations With regard to safety including• but without
linnittnion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009