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HomeMy WebLinkAbout351926 JEN SMITH - PURCHASE ORDER - 9120224Fort Collins Date: 01/13/2012 Vendor: 351926 JEN SMITH 609 PRICHETT CT FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9120224 lofz 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: 01/12/2012 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 Graphic Design Services Lincoln Ctr-2012 Blanket Order DO NOT MAIL TO VENE 2 Graphic Design Services Lincoln Ctr-2012 Blanket Cam, t3. Oils:-fl-2� 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 1 LOT LS 1 LOT LS 18,000.00 2,000.00 Total $20,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By status, the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pnrehaser to insist upon sMd performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Rcf Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofit breach, the acceptance ofor payment for good 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 returned to you for credit and am not to be replaced except upon receipt of written Purchaser to insist upon strict pefomance hercofor any of is rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior ar subsequent default hmcunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents Inspection. GOODS arc subjed to the City of Fort Collins inspection on arrival. heeof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF A NTITRUST CLA IMS. authorized payment on the pan of the City of Fan Collins. Houever, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all appliable required inspection procedures. violations arc in fact borne 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 now have or hereafter Freight Timms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services othem ise spceified on this order. If permission 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 invoice. Additinnal charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing poinus in various parts of the country. shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers soli, cost all necessary remits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political Subdivision where the work is pttfomtd, 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, relation, ordinances, rules and requircruents. Authorization. All panics to this concoct agree that the representatives arc, in fact bona fide and possess full and complete authority to bind mid panics, LIMITATION. OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms 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 ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 in reasonable control and without its fault ofnegligcnce. such acts of God, acts ofcivil or military authorities. governmental priorities, fims, strikes, flood, epidemics, wars or riots provided that notice of the conditions arising such delay is given to the Purchaser within five (5) days ofthc time when the Seller first received knowledge thereof. In the event of any Such delay, the date of delivery shall be extended for the period equal to the time actually lost by masan ofthc delay. 3. WARRANTY. The Seller wamnts that all goods, anicles, materials and work covered by this order will conform with applicable drawings, specifiations, samples and/or other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and ampttcnce 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 may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair on make good, without cast to the purhhaseq 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 of any applicable wamnty provided by the Seller aRer the date of accepmnce of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work time or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the SellcrS liability hereunder shall extend to all damages proximately caused by the bmah of any of the foregoing wamntics 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wnnen change order. If any such change affects the amount due or the time ofperiomaucc 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 good then not shipped, subject to any equitable adjustment b twccn the panics 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 favor of the Seller with respect to any goods which are the Sellers standard Stock No mch termination shall relieve the Purchaser or the Seller of any of their obligations as to any good 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 wamnts that all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and mgulations to which the good arc Subject. The Seller shall execute and deliver such documents is may be required to effcot or eviderrc, compliance All laws and regulations required to be incorporated in agreements of this chancier arc hcaby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages sulTerc l by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tramlcr, or convey this order, or any monies due or to become due hereunder without the prior written conical of the other party. 10. TITLE. The Seiler warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfnrmance of this agreement free and clear of any and all liens, restrictions, reservations, Security interest encumbrances and claims of Others. 13. PUR CHA S F.RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs assaimcd with such work. The Seller shall release the Purchaser and its conmcmrs of any net from all liability and claims of any nature resulting from the performance of such work. This relcow shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off rds and employees of such party. The Sellet's eontmcoml obligalions, including wamnty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Porehoser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icncr. patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser form 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 alter the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the 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 mid equipment or parts. replace the same with Substantially equal but noninfringing equipment. or modify it so it bceomcs noninfringing. 15. INSOLVENCY. If the Seller Shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or mstce for am of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcntative(s), on the premises ofothcn. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers 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 Scllcrs 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 same at the site and hecome respnnsiblc therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 19. INSURANCE,. The Seller shall, at his own expense, pmvide for the payment of workers compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchaSc order, and/or in their dependents in accordance with the lawn 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 insurnncc .with bodily injury and death limits of at least 5300,050 for any one person, S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, irony. to provide for such compasmion and insurance. Before any of the Sellers or his contractors employees Shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate 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 compennlino 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase orderer in connection herewith. The Seller will indemnify and hold hamdess the Purchaser 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 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 conmerors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason Many act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the Same at the Sellers own expense, to pay any and all costs, charges, attomeps 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 mid panics in or as a result of such suits or other proceedings. the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Set let and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 032010