Loading...
HomeMy WebLinkAbout131245 CLEAR CHANNEL BROADCASTING INC - PURCHASE ORDER - 9120221City of F6rt Collins Date: 01/13/2012 PURCHASE ORDER Vendor: 131245 CLEAR CHANNEL BROADCASTING INC 3894 COLLECTIONS CENTER DR CHICAGO Illinois 60693 PO Number Page 9120221 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 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 CALENDj YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOTIA PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOOD AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price Lincoln Ctr Advertising 2012 Blanket Order 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 10,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fors Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Regis" 84-601)0587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected, GOODS RFJECTED due to failure to meet specifications, either what shipped or due to defects of damage in transit, may be rcmmcd to you fm credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for grads hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchases to insist upon strict performance hereof or any of its right or remedies as to any such good.%, regardless of when shipped, received of accepted. as to any prior or subsequent default hereunder, nor shall any purported nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns 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, ovacharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fan boom 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 most 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 ovcrchergce relating to the particular gads 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 pursuant to this purchase order. bill must accompany invoice. Additional charges fro packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance When manufacturers have distributing points in various parts of the country, shipment is I f the Purchaser it irecos the Seller to correct noneon forming or defective galls by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seiler, and the Seller do,ca For indicates its inabi lily or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, aod the Seller shall pay all costs associated with such work. Permits. Seller shall procum at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and mles of the some, municipality, lantory or political subdivision where the work is performed, or requited 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, regulations, ordinances, telex and requirements. Aulhodzmion. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto 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 immcdintely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe cssatcc. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hcrcro. No acts of the Purchasers including, without limitation, acceptance ofpertial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay. the Purchaser shall have, in addition to other ]cgs] 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 its reasonable control and without its fault ofncgligence such acts ofG d, acts ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe rime what 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 reason of the 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, will be 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 fora any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sellashall replace, repair of make good, without cast 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 tarts crafty applicable warranty provided by the Set let .Fla the dtc of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of good% by the Purchaser shall not constitute a waiver of any claim undo this warranty. Except a 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 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 Irnns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. Other than legal temt, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change oMe,. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the gads then not shipped. subject to any equitable adjustment between the panics as to any work m maraud, then in protness provided that the Purchaser shall not be liable for any claims for anticipated pmfrts 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 Sclla with respect to any goad which arc the Sellers standard stock. No such tanduation 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 he asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchamr hnmdcs% from all costs and damages suffered by the Porehuser is a result ofthe Sellers failure to comply with such Ime. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Sellers ..is 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, rescmatiom%, security interest encumbrances and claims of others. The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from the pnfom mme of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers 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. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark m copyright, the Seller shall indemnify and save hamdese 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 far any cost, expense or damagc 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 part 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 said equipment or parts replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make no assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofoerms used or the interpretation ofthe agreement and the right ofall panics hereunder shall be constrood under and governed by the laws of the State of Colnmdo, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services of Scllcrs Reptescntntive(s), on the premises ofothcm. 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, destruction or injury to the work andlor materials before Sellers final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or emotion by the Seller, the Seller shall receive, unload, stom and handle same at the site and become responsible therefor as though such materials and/or equipment wen, being furnished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expert c, 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. andlor to their dependents in accordance with the laws of the state in which the work is In he done The Scller shall also corny comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of m least S300,00M for any one person. S500.000 for any one accident and pmperty 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 enntractms employees shall do any work upon the premises of others, the Seller shall famish 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 compensation 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 assumes the entire responsibility and liability for any and all damagc, loss or injury ofany kind or nature whatsocvcr to persons or property caused by or resulting from the execution ofthc work provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees form 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 net. action, neglect, omission or default on the pan ofthe Seller, any of his contractors, or any of the Sellers or contractors oRcas, agents or employees. In ease any suit or other proceedings shall be brought ngainst the Purchaser, or its officers, 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 con", ctms or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thacof and to defend the same at the Sellers Own expense, to pay 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 it or their officers. agents or employees in such suits or Other proceedings, and in case judgment of other lien be placed upon or obtained against the pmpaty ofthe Purchaser. or said parties in or as a result of such suits or other pmcecings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accident, comply with all laws and regulations wish regard to safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and all ndcs and mmlations issued pursuant thereto. Revised 03/2010