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HomeMy WebLinkAbout483532 BIZWEST MEDIA LLC - PURCHASE ORDER - 9112281City of F6rt Collins Date: 0412112011 Vendor: 483532 BIZWEST MEDIA LLC 141 S COLLEGE AVE FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9112281 t of 2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/21/2011 Buyer: OPAL DICK N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 1 - Climatewise Advertising C3. O!lwo-Q✓� City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 1 LOT EA 14,975.00 Total $14,975.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form sate aad local taxes. Our Exemption Number is 11 NON WAIVER. 99-04502. Federal Excise Tax Exemption CCrtiftcate of Registry 84-60(10587 is registered with the Collector of Failure of the Parchawr to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Ra,amm. Denver, Colorado (Ref. Colorado Revised Struni 1973. Chapter 39-26. 114 (af exercise any rights or remedies pmvidcd herein or by law, failure to pmmptly notify the Scllcr in the event of a breach, the ncecpmmcc nfm payment for goods hereunder or approval of the design, shall not rcicnsc the SCIIcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of due to defects of any of the warranties or obligations of this purchase order and shall not be decmcd a waiver of any right of the damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereafor any of its rights or remedies as many such gads, regardless instructions from the City of Tom Collins. of when shipped, received or accepted, as to any prior or suhsequcal default hereunder, nor shall any purported can modification or rescission of this purchase wider by the Purchaser operate as a waiver of any of the trnns Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OI' ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection p imcdnms. violations are in fact home by the Puchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or liconn cr Freight Tams. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular gad or services otherwise specified on this order. If permission is given to pmpa-v freight and charge separately, the original freight purchased or acquired by the Purohawr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE, OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or de(Cclive goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Scllcr therca0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules Of the state, municipality, territory art political subdivision where the work is performed, or required by any other duly constituted public amhority, having jurisdiction over the work Of vendor. Scllcr further agrees to hold the City of Fort Collins hamless fmm and against ill liability and loss incurred by them by reason Oran asserted or established violation ofany such laws, regulations, ordinances, mles and requirements. Authorization. All patties to this contract agree that the representatives are, in fact. bona ride and luessess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stated hercin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and peforance must be effected within the time stated on the purchase order and the doeumcnls attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmedics, the option of placing this order elsewhere and holding the Seller liable for damages Ilowever. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, rites, strikes, flood. epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually Iasi by reason of the delay. 3. WARRANTY. The Scllcr warms that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Scllcr agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr 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 may be prescribed by law or by the aeons array applicable warranty provided by the Scllcr rr Ber the date of acceptance of the gads famished hereunder (ncccpmncc not to be nnrcasonably delayed). resulting from inmperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this ptnchase order, the Sellers liability hereunder shall extend to all damages pmximmely caused by the breach of any of the foregoing warranties or guamntecs, but 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 may make changes to legal tease by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tems. other than legal terms, including additions In or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change onter. If any such change affects the amount due or the time nfperformancc hereunder, an cquilable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in prtgon,% provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the goorL and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to any goods which arc the Scllers standard stock. No such arminalion shall relieve the Purchaser or the Scllcr crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change ar 'carommion is ordered. 8. COMPLIANCE WITH LAW. The Scllcr warns that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Scllcr shall execom and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations requited to he incorporated in agreements of this character arc hereby ineorpomacd hercin by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamiless fmm all costs and damages suffered by the Pumhaxer is a result of the Sellers failure to comply with such last. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10.TITLE. The Scllcr wamnls full. clear aad unrestricted title to the Purchaser for all cquipmcnt, materials, and items (umished in performance of this agreement. free and clear of any and all lions restrictions. rescrvmions, security interest encumbrances and claims of others. The Scllcr shall release the Pa rch nscr and its contractors of any tier from all Iiabi lily and claims of any Oaten resulting from the performance of -such work. This rcicnsc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcco, nod employees ofsuch parry. The Sellers contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmecss covered by letter. patent. trademark or copyright, the Scllcr shall indemnify and save hroacss the Porchnscr from any and all claims for infringement by reason of the use of such pratimd design. device, material or process in connection .with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to par by reason 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 the goods, is in such suit held to constitute infringement and the use of said equipment Or part is enjoined, the Scllcr shill, it its own expense and m its option, either pmcurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing egnipntent or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sellers property or business. this order may forthn'ith be canceled by the Pnmhascr without liability. 16. GO V FRNING LAW. The definitions of tams used or the interpretation of me agrecmcm and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Scllcr is to ref om work hereunder. including the services Of Scllers Repmsemative(s). an the premises of ethers. 17. SELLERS RESPONSIBILITY. The SCllcr shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any necidau, destruction or injury to the work mud/or materials before Seller's final completion and ncccpmncc, complete the wark at Sellcr's own expense nail to the satisfaction of the Purchaser. When materials and cquipmcnt are furnished by others for installation or erection by the Scllcr, the Scllcr shall receive unlond. store and handle some at the site and become responsible therefor as though .such materials and/or equipment were being furnished by the Scllcr ender the order. 19. INSURANCE. The Scllcr shall, at his mvn expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase enter. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits afro least S300,000 for any one person. S500,000 fir any one accident and pmpcty damage limit pit accident of S400.000. The Scllcr shall likewise require his contractors, if nny, to pmvidc for such compensation and insurance. Before any of the Sellers at his contni employees shall do nny work upon the premises of others, the Scllcr shall famish the Purchaser o ith a cenifcmc that such conmpensation and insurance have been provided. Such eenifieates shall specify the date when such compensation and insurance have been pmvidcd. Such cenifcmc, shall specify the data when such conopenan on and insurance expires. The Seller agrees that such compensalion and insurance shall be mainaainml unlit a0er the entire ,r rk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofanv kind Or nature whatsoever to persons or property caused by or resulting From the execution of the work pmvidcd for in this purchase order or in connection hemvith. The Scllcr will indemnify and hold ham lcss the Purchaser and any or all Of the Purchasers o@cars, agents and employees fmm and against any and all claims losses, damages. Charges or expenses, whether direct or indirect and whether in persore or pmpeary to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any snit or other proceedings shall be bmoght against the Purchaser, or it, o@eas, agents Or employees at any time on account or by reason of any act. action, neglect omission or default of the Seller of any of his contmdors or any of its or their oRlecrs, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the same it the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, ,any and all judgnmems that may be incurred by or obtained against the Pnmhascr or any Of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or is a result of such sails or other pmccedings, the Scllcr will it once cause the same to be dissolved and discharged by giving bond or otherwise The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant therein. Revised 0312010