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HomeMy WebLinkAbout483532 BIZWEST MEDIA LLC - PURCHASE ORDER - 9112570PURCHASE ORDER PO Number Page City of 9112570 1 of z `t Collins OI l' n �+J This number must appear on all invoices, packing slips and labels. Date: 05/05/2011 Vendor: 483532 Ship To: LINCOLN CENTER BIZWEST MEDIA LLC CITY OF FORT COLLINS 1550 E HARMONY RD 2ND FLOOR 417 W MAGNOLIA FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 05/04/2011 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 1 Advertising -Lincoln Center 1 LOT LS 2,500.00 2011 Blanket PO 2 Advertising -Lincoln Center 1 LOT LS 4,000.00 2011 Blanket PO U 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 Total $6,500.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statures 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due rO failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hercoC failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evmu of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfamance hceafer any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purumed anal modification Or rescission of this purchase order by the Purchascr operate as a waiver of any of the tern,, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is m be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fon Collins, CO 90522, unless acquired under federal or state antitrust lases for such O,mherges relining to the particular goads or service, otherwise specified on this order. If permission is given In prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCIIASF,RS 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 dcfcctive goods by a date to be agreed span by the expected from the nearest distribution point to destination, and excess freight will be deducted Farm Invoice when Purchaser and the Scllcr, and the Seller thcmafier indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance, may cause the work to be perforted by the most expeditious means available to it, and the Seller shall pay all costs associated with soh work. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mica of the 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 from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract age" that the representatives arc. in fact. bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the cams and conditions stated herein set forth and any supplementary or additional more, and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposcd by seller arc 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 ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limimtion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplicing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damagcs as a result of delays due to causes not reasonably foresmablc which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, govemmcnml priorities, fires, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge Ihercof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants 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 Perfomed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamless fmm any loss, damage or expense which the Purchascr may sdfcr or incur on account Of the Scllcrs beach of oamary. 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 may be prescribed by law or by the terms n(any applicable wamnty provided by the Seiler after the dote of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from inperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include lass ofpmfits 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 terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal terms, including additions to or deletions from the qt owilies originally ordered in the sno,i0emin is or drawings, by verbal or .urine. change onlcr. If any such change affects the amount due or the time ofperfnrmance hereunder, an equitable adjustment shill 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 ndjutment between the panics as to any work or mnerials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from ill costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, hamster, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and uarcshieted title to the Purchaser for all cquipmem, materials, and items furnished in performance of this agreement, free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Pnmh..cr and its contractors of any Her From all liability and claims of nay nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRecrs and employees of such party. The Seiler'., contractual obligations, including warranty, .shall not be deemed to be reduced. in any way, because such work is perforated or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by ]ever. patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by reason of the use of such patented 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 pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part Ihercof or the intended use of the goods, is in such suit held to constitute infingcment and the use Of said equipment or part is enjoined, the Seller shall, at its Own expen.,c and at its option. either pmcore for the Purchaser the right to continue using said equipment Or pans replace the same with substantially equal but vomufringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tnwtec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temps used Or the imerprcmtim ofthc agreement and the rights ofa11 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 Seller is to perform work hereunder, including the services of Sellers Repmsentative(s), on the premises ofothcm. 17. SELLERS RESPONSIBILITY. The Sellershall carry an ,aid ,ark of Selle's own risk until the sane is fully completed and accepted and shall, in case Of any accident, destruction or injury to the work and/or matcrinls before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler, the Seller shall receive, unload. store and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own cxpcme, provide for the payment of wpikcrs compensation. including Occupationzl disease benefits, to its employees employed oa 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at Ieasn S30ow for any one pawn. S500,000 for any one accident and property damage limit per accident of S400010. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors enployees shall do nny work upon the premises of nlhers, the Scllcr shall famish the Purchoser.vilh a cenificntc that such compensation and insurance have been provided. Such eenifieates shall specify the date when such compensation and insurance have bran provided. Such certificates shall specify the date .when such cmnpcuseina 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 claim responsibility and liability for any and all damage, loss or injury ofany kind or nature whatseever to persons or property caused by or resulting from the execution of the mark provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchascr and any or all of the Purchasers officers, agents and employees Form and against any and all claims. losses. damagcs, charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect. Omission or default on the pan of the Seller. any of his contractors, or any of the Scllcrs or contractors Officers, agents or employees. In ease inv suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account Or by reason ofany net. action, neglect, omission or default of the Seller of any of his contrarian, or any of its or their officers, agents Or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr 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 Infelicity Of the Purchnser, err said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or olhcmisc. The Seller and his contractors shall take all safety precautions, famish and install all guard 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 rules and regulations issued pursuant thereto. Revised 0312010