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HomeMy WebLinkAbout342471 FLEXX PRODUCTIONS - PURCHASE ORDER - 9117223City of Fort Collins Date: 12/0612011 Vendor: 342471 FLEXX PRODUCTIONS 1833 E HARMONY RD #19 FORT COLLINS Colorado 80528 PURCHASE ORDER PO Number I Page 9117223 1of2 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: 12/05/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2011 Holiday Party Production Rentals 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 LS 6,045.81 Total 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 farm state and local uses. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Interest Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to arm specification, 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 resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instruction from the City of Fort Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purponod oral modification or rescission of this purchase order by she Purchaser operate as a waiver of any Of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mspane to this order can result in 12.. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan 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 farm antitrust ACCEPTANCE is dependent upon completion ofall applicable squired inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cane and as consideration for executing this purchase order, the .Seller 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., Fos Collins. CO 80522. unless acquired under federal or statc autitmst laws for such overcharges relating to the particular goods or services Otherwise specified on this Orden Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany imoicc. Additional charges for packing will not be occepsed. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in variants pans of the country, shipment is Ifthe Purchaserdirects the Seller tocorrect noneonfontiingordefective goads by a date tube agreed uponbythe expected farm the nearest distribution point to destination, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability m unwillingness to comply, the Pumhawr shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scller shall pay all costs as,.imcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable Imes, regulations, ordinances and roles 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 farm and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations. ordinances, mles and rcquimments. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms nod conditions stated herein set fimh and any supplementary or additional tors and conditions annexed hereto or incorporated herein by reference Any additional or different terms 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 promised 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 limitation, acceptance ofpanial 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 rcmcdics she option ofptacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays chic to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligence, such acts ol-Gnd, acts ofcivil or military authorities. governmental priontics, firs. strikes, Bad, epidemics, wars or riots provided that notice ofthe conditions canine such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the Dent ofany such delay, the date of delivery shall he extended for the period equal to the time actually lost ley reason ofthe delay. 3. WARRANTY. The Seiler warrants that all good& articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 Seller agrees to hold the purchaser harmless from any Inns, damage ar expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Scller shall replace, repair m make good, without cost to the purchaser, any defects car faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wananry provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to he unreasonably delayed), resulting farm imperfect or defective work done or materials furnished by the Seiler. Accepancc or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wnrmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach ofany of the foregoing warranties or guarantees, 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 lams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns. other than legal terms, including additions to or deletions farm the quantities originally ordered in the spe6ficaions or drawings, by verbal or written change order. If any such change affects the amount due or the time of pMormance hereunder. an equitable adjntirent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. cem roam this agreement a5 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 puree., 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 favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of .,heir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be reserved within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler 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 ns may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are 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 to; a result of the Sellers 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 poonmtten 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, mservatio s, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its carburetors of any sicr from all liability and claims of any nature resulting farm the performance ofsuch work. This rdenc shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Scller'., contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfommed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by fiercer, patent, trademark or copyright the Seller shall indemnify and save harmless 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, cxpcnc 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 Sonds, 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 said equipment or pans, replace the mate with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpb, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may ford,, ith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterns used or the interpretation ofthe agreement and the rights ofall patties hereunder shall be construed under and governed by the laws ofthe State of Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcsentmive(s), oa the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcstmcbion or injury to the work and/or materials before Seller's Final completion and acceptance, complete the wort: 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 same at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seiler under the order. 18. 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 wilh the work catered by this purchase order. and/or to their dependents in accordance with the Imes 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 vad death limits of at least $300.000 for any one person, S500,000 for any one accident and pmr" damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pmmisos of others, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees thatsuch compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against tiny and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser 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 Sellers or contmcums officers, agents or employees. In case any suit or Other pmceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act action, neglect omission or default of the Seiler 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 the Sellers oxen expense, to pay any and all crisis, 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 pmperh' of the Purchoset or said panics in or as a result ofsuch suits or other proceedings, 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 m@tv 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 Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant therein. Revised 03/2010