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HomeMy WebLinkAbout298197 COMCAST SPOTLIGHT - PURCHASE ORDER - 9112572City of Frt Collins Date: 05/05/2011 Vendor: 298197 COMCAST SPOTLIGHT DEPARTMENT 1161 DENVER Colorado 80256-0001 PURCHASE ORDER PO Number Page 9112572 j 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA 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 2011 Advertising 1 LOT LS 20,000.00 Lincoln Center Blanket PO Total $20,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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.cam 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 a exempt from state and local taxes. Our Exemption Number is 98-04502. Fedcml Excise Tax Exemption Certificate of Registry I41-600058 7 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Galls Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of 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 Fort Collins. Inspection. GOODS arc subjcel to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions Immor faihnc Or delay to exercise any rights or mmcdica pmvidcd herein or by law, failure to promptly notify the Seller in the even, Ora breach, the acceptance ofor payment for goods hereunder or npproval of the design, shall not mlensc the Seller of any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of tnc parchascr to insist upon strict performance hereofor any of its rights or remedics as to any such goods. regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purponod oml modification or rescission of this purchase order by the Purchaser opcmte as a waiver of env of the tern hcrcof. Final Acceptance. Receipt of the merehandisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonzcd payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges msulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for exeaoing Ibis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.R., City of Fan Collins, 700 Wood St.. Fort Collins. CO 50522. unless acquired under federal or state antions, laws for such overcharges relating to the particular gmds or services otherwise specified an this order. If permission is given to prepay freight and charge scpamtely, 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. PURCHASERS 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 corcet nonconforming Or defective goods by a date lobe agreed upon by the expected from the newest distribution point to destination, and cxcas freight will be deducted fmm Invoice when Purchaser and the Seller, and the Scllcr thema0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perfomuod by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permits. Serer 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 Fact Collins hamdcss from and against all liability and loss incurred by them by reason of an asacrtcd or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional more; and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions pmposcd by Sellcrare objected to and hereby rejecmd. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the 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 limitation, acceptance ofpanial Ire deliveries, shall operate as a waiver of this provision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedics, 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 ofnegligenee, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes, flood. 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 thereof. In the event crony such delay, the date of delivery shall be extended for the pednd equal to the time actually lost by reason ofthc 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. mill be fit for the purposes intended, and Performed with the highest degree of cam and compncnce in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage cu expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace. repair or make gad, 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 moots of any applicable womanly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not In be unreasonably delayed), msulting 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 of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability Immunder shall extend to all damages proximately caused by the breach of any of the foregoing wammi. or guarantees, but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTARI LITY OR OF FITN FSS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terra, other than legal moons. including additions to or deletions Form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRccts the amount due or the time of perfmmancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr 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 matumis then in progress provided that the Purchascr shall not he 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 Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as carry gads 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. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and fumishcd in strict 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 requited to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamdcss firm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Seller warrants full. dear and unrestricted title to the Purchaser far all equipment materials and items furnished in performance of this agreement free and cicar of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees Of such party. The Seller's contractual obligations, including warmnty, shall not be deemed to be reduced, in any way, because such work is performed Or caused to he perfum, al by the Purchaser. 14. PATENTS, Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Scllcr shall indemnify and save hamdcss 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 pan thereof or the intended use of the goods, is in such suit held to constitute infringcmcn, and the use of said equipment or pan is cnimacd, the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or par, replace the same with substantially equal but noninfringing equipment or modify it so it becomes mninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmmcc for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liabilay. 16. GOVERNING LAW. The dclinitions oftemw used Or the interpretation offl c agreement and the rights ofall panics hereunder shall be mnstmed under and governed by the laws of the State Of Colcmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfomi work hereunder, including the services of Scllcr, Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work a1 Seller's 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 Scllcrs 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 Seller. 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 Seller under the order. 18. INSURANCE:. The Scllcr shall, at his own expense, provide for ,hc payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase ordct 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 linbility inxura,ce will, bodily injury aid death limits of at least S300.IX10 for any one person, S500,000 for very one accident and pmperty damage limit per accident of S400,060. The Seller shall likco'ise require his contractors, if any, to pmvidc for such compensation and insurance. Before any of the Sellers or hi,s conto cors employees Shull do any work upon the premises of mhos, the Seller shall famish the Purchascr with a ecnificam 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 cnmpca,atmu 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 resumes the entire responsibility, and liability for any and all damage, loss or injury ofzny kind Or nature whatsoever to persons or property caused by or resulting from the excculion of the work proeided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, 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, emission or default on the pan of the Seller. any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmeeedings shall be brought against the Purchascr, or its officers, agents or employees at any it on account or by reason of any act. action, neglect. omission or default of the Seller of any of his contractors 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 ,he Scllcrs own expense, to pay any and all costs, charges, imomcys 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 lu placed upon err obtained against the property of the Purchaser, or ..said panics in or as a result of such suits or other proceedings. the Seller will at Once cm,se the same to be dissolved and discharged by giving bond or mhcnvisc. The Scllcr and his contractors shall take all safety precautions. fumish and install all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, but without [initiation, Inc Occupational Safety and Health Act of 1970 and all rules and mI nlations issued pursuant thcrcln. Raised 0312010