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HomeMy WebLinkAbout102584 COLORADOAN - PURCHASE ORDER - 9112571PURCHASE ORDER PO Number Page City OfCollins ��� 9112571 1 °f z `t Coll` i ns This number must appear 1 on all invoices, packing slips and labels. Date: 05/05/2011 Vendor: 102584 Ship To: LINCOLN CENTER COLORADOAN CITY OF FORT COLLINS 1300 RIVERSIDE AVE 417 W MAGNOLIA FORT COLLINS Colorado 80524-4353 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 UOM Unit Price Extended Ordered Price 1 2011 Advertising 1 LOT LS 10,000.00 Lincoln Center 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 ll, 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 Invoice Address 10,000.00 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 from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-111502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or rcmcdics pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performer" hereofor any of its rights or remedies as to any such goods, regard]... instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsegrmm default formundc, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a wnivcr of any of the temvs Inspection. GOODS am subject to the City effort Collins inspection on arrival. 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 to be understood that FINAL Seller and the Purchaser recognize That in actual economic practice, overcharges resulting from amitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection proecdures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St. Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicu]ar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser personal to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted room Invoice when shipments arc made form greater distance. Pemaits. 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 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 fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authrrization. All panics to this contract agree that the mprescr ives are, in fact. bens file and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icmls and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hcretn or incorporated herein by reference. Any additional or different o mts and conditions proposed by acllcr are objected to 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. Time is ofthc essence. Delivery and perfommnce must be effected within the lime slated an the purchase order and the documents atmchcd hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purehascr shall have. in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God, acts of civil or military authorities, governmental priorities, firs, strikes, flood, epidemics, wars or riots provided that notice of the conditions "using such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of del ivory 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 canfoma 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 read competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser cony suffer or incur on account o(the Sellers breach of marmoty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defect.% or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials 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 of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits in 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 term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifcations or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomtance hereunder, an equitable 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 gads then not shipped. subject to any equitable adjustment "own the parties as to any work or materials then in progress provided that the Purchaser 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 I.,., of the Seller with respect to any grod.%which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of fl cir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Form 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 goods 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 be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any parties due or to become due hereunder without the prior written consent of the other party, 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, 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. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed area by the Purchaser and the Seller, and the Seller thercn0er indicate, its inability or unwillingness to emptily, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any Her from all liability and claims of any nature resulting from the performance of such work. This rclewte shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, 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. Wherever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indcmnify and save harmless the Purchaser fmm any and all chums for infringement by reason of the use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any ens], expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or ificr the completion of the work. In case said cquipmcm, or any pan thereof or the intended use of tare 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 .'aid equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes roninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or benknipt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation nfthe agreement and the rights of all parties hereunder shall be construed tender and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfnmi work hereunder. including the services of Sellers Rcrmcntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcr'x own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own 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 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, hit not limited to, contractual mail automobile public linhility insurance with bodily immy and demli limits of at least $306.00 for any one parson. $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likavisc require his contractors. Bray. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Scllcr shall furnish the Pumhzscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the datewhen such compensation and insu ancc expires. The Scllcr 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, less tar injury fany kind or nature whatsoever to persons or property "used by or resulting from the exenmion of the work provided for in this purchase order Or in connection hcrro ith. The Seller will indemnify and hold har Bless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges Or expenses, whether direct or indirect, and whether to persons or Property to which the Purchaser may be at or subject by reason of any act action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its nffeem. 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 contractors or say 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 ray any and all costs, charges, attorneys fees and other expenses any and all judgments that may be incurred by or obtained against the purchaser 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 as a result of such suits or other pmcco ings. 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 precautions. famish 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 Otermational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010