HomeMy WebLinkAbout494376 ATLAS ADVERTISING - PURCHASE ORDER - 9116635City of
Frt Collins
Date: 11/02/2011
Vendor: 494376
ATLAS ADVERTISING
ATTN: GUILLERMO HAZIER
2601 BLAKE ST SUITE 301
DENVER Colorado 80525
i
PURCHASE ORDER
PO Number I Page
9116635 102
This number must appear
on all invoices, packing
slips and labels:
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS Colorado 80521
Delivery Date: 11/01/2011 Buyer: DAMES O'NEILL
Note
Line Description. y Extended
Quantity UOM Unit .Price
Ordered
1 NoCoCapital Marketing Support r 1 LOT LS 13,000.00
,
I
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, C0 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teens and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is escmp farm stale and local taxies. Our Exemption Number is
98-04502. Federal Excise Tax Exemption CerriGeme of Registry M-@00582 o, rc,i,,.d with the Collector of
Intermit Revenue, Drava. Cnlomdn (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Gods Rejcmcl.ns GOODSe raurnED due marm to men are a.emihe either when
,l .,nrdue to deflaro, of
Of writa
damage in prom may be tFortt�Cd 1. you for credit end are not to be replaced except talon rcaipt of xnnen
instructions (term the City of Fort Collins.
Inspection. GOODS am subject to the City of Fen Call ins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the nnms and conditions hereof, failure or delay or
exercise any rights or remedies povided herein or by law, failure to promptly notify the Sc11n in the event of a
breach the acceptance of or payment for goods hereunder or approval of the deign, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the
pmehase, to insist upon stria perfomaner hereof or any of its rights or remedies as to any such goods ¢gardlecs
of what shipped, received or accepted. as to any prior or subseemal default bvcander, nor shall say pmron d
coilmndifntion or mixission of is pu¢base older by the Pa chaser operate as a waiver of any of the trams
hereof
Final Acednana. Receipt of the merchandise. services or equipment in respora to this Ordn can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
.uthodzed payment at the In of the City of Fan Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in mound economic practice, overcharges resulting form antitrust
ACCEPTANCE is dependent upon completion al applicable required inspection prxCdurts. violations are in fan home by the Purchaser. Thanofom. for good cause and as consideration for exulting this
purchase under, the Sella hereby assigns to the Purchaser any ud ell claims it may now have ar hax.Mu
Freight Terms Shipments rum be F.O.B., City of Pon Collins, 700 Wood St.. Fan Callon. CO 80522. unless
Otherwise specified an this oiler. If permission is given to Innerly (might and charge upamtely, the original (might
bill must accompany invoice. Additional charges for parking will not be occupied.
Shipment Distance. Whom manufactumrs have distributing points in .arions parts of the country, shipment is
expected form the norm distribution point m connotation. and excess fieight will be dduad Gam Invoice when
shipments are made form gaiter distance.
Permits Sella shall procure at sellers .cam cost .11 momearry permits, entifcates and licenses required by all
applicable I., regulations. ordimnas and .1. of the slate, municipality, mimary or political subdivision whom
Me work is prK d, or mquiled by any on duly constituted public authority having junsdiaion over the work
of vendor. Sella brother agrees 1. hold the City of Fort Collins harmless from end against all liability and loss
morrad by them by reason of an asserted or established violation of any such laws, regulations, omir an,cs. rules
and requirements.
Aalborvztion. All panics to this contra agree that the rop rs btafivca arc, in fan, hours fide and prssese full and
omplate authority to bind said pan..
LIMITATION OF TERMS. This Purchase Odor expromly limits acceptance to the terms and conditions stated
bncin net ROOM end any supplementary or additional terms and conditions annexed homm m ineoquomted herein by
ref Cnce. Any additional or different lours and conditions proposed by he, are Objected to end hereby rajead.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou armor make complete sbecome to arm, on your
promised delivery date as noted. Time is of the meaner.. Delivery and perfomenee ulna be eff,aal witbin the time
stated on the purchase order and the documents anached heem. No acts of the Purchesas including, without
limitation, aacptance ofpanial late deliveries, shall opersto as a waiver Olds provision, In the event of any delay,
the Purchaser shall have, in addition to other legal end equitable comedies, the.ptian ofoncin, this under Clscwhae
and holding the Seller liable for damages. However, the Schur shall not be liable for damages es a result ofdelays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of Gal. acts ofeivil or military i ulhoritics, g ammental armfes. finis, strikes, ❑on,! epidemics, wars a
riots provided that notice ofthe enolumns causing such delay is given to the Purchaser within five (5) days oflhc
time when the Seller first received knowledge Hereof. In the event of any such delay, the date efdclivery.shall be
extended for the Period equal M the time ucmally lost by reason ofthe delay. !
3. WARRANTY.
The Seller warants that all goods, anicla, ouncrials and walk covned by this order will confirm with .,,?liable
drawings, spcamcati.ns, samples end/m Omer description given, will he fit far the ptrpuses intended, and
performed with the highest degree of cart and cnmpnmcr in accordance with nttepted standards for work of a
similar naWm. The Sella agrees to hold the purchaser harmless form any Iuss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shal replace, repair at make
god: without cost to the pu¢hasee any defects or faults arising within one (1) year or within such longer pcnd of
Hum as may be pracnbed by In. or by the terms fany eppliceble wmmury pmvidcd by the Seller after the date Of
acceptance of the goods fumished heeunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not
canstimte a waiver ofany claim undo this warmnty. Except as Otherwise Provided in this purchase order, the Sellers
liability hemunder shall extend to all damages proximately caused by the bleach of any of,he foregoing wammies
or guarantres, but such liability shall in no event include loss af,sREx o, loss of Ysc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY.
4. CHANGES IN LEGA L TERMS.
The Pumhasn may make changes to legal terms by women change ode,.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal term, including additions to or deletions form
the quantifies originally ordered in the specifications or dmwingx, by verbal or written change order If any such
change affects the amount due or the lime ofprformena heranda, an equitable adjustment shall be made.
6.
Por
TERMINATIONS.
ThePurc The haser may a any time by waidrn change odme tateorwete this agreement as no my unapt at premiums he the
goods then nor shipped, he Purt to any equitable edjmment between the paniu as to my work or mated.. then in
location
pmv'rdoa that the PurtM1au+ shall not be liable for any claims for and
anticipated prnflts tin rM1e uncompleted
favor o the
gads and/or oc: to for incidental or amsequential Salle damages• sod that no such adjustment be made in
favor of 1hC Seth with respect to any goods which as the Sellers standard mock. No such termination shall rtlimc
the Porchaur or the Shccrofany ofthei, obligations as to any goods delivered hnenndn.
y. CLAIMS FOR ADIUSTMENT.
Any claim for adjustment must be assumed within Mirry (30) days Room the dam the change m termination u
mderd.
S. COMPLIANCE WITH LAW, 1
The Seller warrants mat all goods sold hneuder shall have ban produced, sold, delivered and famished in strict
omplianco with all applicable laws and regulations to which the goods arc ubjea. The Sellei shall execute and
deliver such documents as may be required to effect or evidonee compliance. All laws and regulations "most to be
ncoryatated in agreements of this Monster arc hereby incmpotated herein by this reference. The Seller ageeo to
indemnify and hold the Fumhaur harmless form all costs and damages suRered by the Purchases as a result of the
Scllen failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mnsar, or convey this odes or any monies due or to Favor due hcrbu fin without the
,no, women amunt ofmr other parry.
10. TITLE,
The Sellerwamats full, clear and unrcetriacd title o the Purchaser for all equipment materials, and items famished
in perfnnuance of this agrocmatl, free and door of any and all liens, resrinicne, resemations, scrnnry interest
acmrdmwxcs and chums of others
.weird order federal ar stair antitrust laws for such womencrges relating to the partieulat goods or services
purchased ar ea,unal by the Purthaser pursuant. this pm<hau ardn.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchssn di. the Sella to cone. nwconfaming or dcfalive good by. date to bo agreed upon by the
Pumhosa ad the Suleq ad the Sella flora flm indicates its inability or onuillingness m comply, the Purchaser
may cause the work to be rerformd by ale most expeditions means available to it, and the Sella shall pay all
is mmNimed with such WaL
The Seller shall aleace the Purthasn end its cenmams of any lie, form all liability end claims of any nature
resulting from the pnfomance of such work.
This release shall apply ace in the event of fault of negligence of the party released and shall extend us the
directors, officers and employees of curb parry.
The, Setter's coemetual obligations, including warnnry, shall not so dmmd to be Mahood. in any way, because
such work is performed or caused to M perfomd by the Purchaser,
14. PATENTS. -
Wbannor the Seller is requited to use any design, device, marmot a process coverd by loon, Patent mdomark
a copydgln, the Seller shall indemnify and save harmless the Purchaser form any and all claims for in imigemrnt
by reason of the use of such pntonted design, device, material or process in connection with the contract, and
shall indemnify the Pumhasn for any cost, expense m damage which it may be obliged to pay by lesson of such
infringement at any time during the prosecution or after the completion of the work. In eau said equipment Or
any port therrof or the intended use of the goods, is. in such suit held to constitute infringement and the ne, of
said equipment or pan is enjoined, the Sells, shall, at its own expense and et its option, either procme for the
Purchasa the right to continue using said equipment or palls, oplacc the same with substantially equal but
noninfor Bing equipment ar modify it no it becomes noninGnging. I .
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an nsignmcm for the henefil Of creditors, eppnim a
receiver or trustee for any of the Sellers property or business this aNer may Revive m be canceled by 'he
Purchaser without liability.
Ib. GOVERNING LAW.
The de0nitmon, ofanms used a the imar mounion oflhe agrccmcnt and the rights of all panics hemunder shall be
onstmd under and govemd by the laws ofthe State ofcolamdo, USA.
The following Additional Conditions apply only in cases alone the Sella is to perform work maunder,
including the services of Scllm Representative(s), on the pmmkus of others.
I2. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own nsk until the same is fully completed and accepted, and shall,
in u of by accident, destruction err injury to the work and/or ma earls before Seller's final completion and
acceptance, complete the work at Sella own expense and to the satisfaction of the Purchaser. When materials
and equipment arc fumished by others for installation or notion by the Sella, the Suitor shall roceive, unload.
store and handle same at the site and become responsible therefor as though such matand, and/or equipment
woe being famished by the Seller under the odn-
18. INSURANCE.
The Sala shall, at his own expense, provide for the payment of workev compensation, including Occupational
disease wrorits, m its employees employed on nr in connection oub the work covered by this purchase order,
and/or to their dependents in accordance with the laws ofthe estate in which the work is in be time. The Seller
at also cony comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with tidily injury and death limits of m least S300,000 for any one Person S500.0of for any
accident and property damage limit per accident of S40O.". The Scllcr shall likewise require his
onmaon, it any, to pounds for such compensation and insurance. Befor< any of the Sellers a his contractors
employees shall do any work upon the ptemisa of others, the Seller shall famish the Purchaser with a anificate
Mat such compensation and insurance have ban pmvidd_ Such anificatm shall specify the date when such
confirmation and insurance have been provided. Such conlficams shall specify the date when such compensstion
and inzumnex expires. The Seller ago— that such corm—ounion and insurance shall M anumanined until after he
.mire work is emnplmed and imaEd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ---I' the entire nexpanabiliry and liability for any and all damage. loss Or injury, ofany kind
r music wle.vn to persons or property cum d by or resulting Rom the carnation ofMc wad, Provided for m
this purchase orda or in connection hnewith. The gelln will Rabb iy and hold h.mlms the Purchaser ad any
or all of the Parliaments officers, agents and employees form and againsl any and all claims, losses, damages,
cli or exPenses, whethor direct a indirect and wheth.1. payment; or property to which the Putchanor may
be pm or subject by mason of any act. anion, neglal omission or default on the part of the Seller, any of bk
commouors, or any of the Sellers or eontra.ors officers, agents or employCCS, In cast any suit or mM1er
praedings shall be Namibia against the Purchaser, or its mycers. agents or employees at any time era sec.. or
by reason of any act, action, neglect. omission ar default of the Seller of any of his aso mama or any Of its or
their officers, ages. or employees as aforesaid, the Scllcr hereby tillers to assume the damae thereof and to
defend the same at the Sellers own expense, to pay any and all cask, charges, anome5s fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRCors.
agents m employees in such suits or other Pmcradinp. and in rxa jud vocal or other lien ha placed open or
Obtained against the p.,, fher is m n,or, ar said Parties in or or a camp of inch wits or other pmcdings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or othcwim The Shcn ad
his contractors shall take all safety precautions, finvush and install all guards necessary for the pmention of
addents. comply with all laws anmod
uli gulations wilh regard to anchor, including. but whou 'ilt lamination, the
occupational Saba, tad Health Ad of 1970 end all roles and negulmi m, issue P..an, thelen..
Revised 0312010