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HomeMy WebLinkAbout107853 DAILY REPORTER-HERALD - PURCHASE ORDER - 9120219Fort Collins PURCHASE ORDER Date: 01/13/2012 Vendor: 107853 DAILY REPORTER -HERALD LOVELAND PUBLISHING CORP PO BOX 59 LOVELAND Colorado 80539-0059 PO Number Page 9120219 1of2 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 Ordered Price 1 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 $10,000.00 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. COMMERCIAL DETAILS. Tax exemptions: By statute the City of Fort Collins c exempt from state and local taxes. Our Exemption Number is mi-44502. Federal Excise Tax Exemption Certificate of Registry'R4-6000597 is registered with the Collector of I ntcmat Revenue, Denver, Colomdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejcmed. GOODS REJECTED due to failure to meet specifiemi.ns, either when shipped or due to defects of damage in tansil, may be retuned to you for credit and are not to be replaced exceptupon mecipt of written instructions frem the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Fnilum of the Purchaser to insist upon strict performance of the Gras and conditions hereof, failure or delov to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance of or payment for goods hereunder or approval ofthe design. shall not neleave the Sella, of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict perfomavcc hereof or any of its rights or remedies as to any such goods, regardless of when shipped, mmived or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mndi fiention or rescission of this purchase order by the Pumhzscr operate as a waiver of any of the terms 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 undau cs! that FINAL Seller and the Purchaser mormize that in news] economic practice, overcharges resulting fern antitrust ACCEPTANCE is depeadem upon completion ofall applicable required Inspaflon procedures. violations are in fact home 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 Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges minting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge scpmately, 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 manufacwmrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods 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 Scllcr,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to be Pafinrmcd by the most expeditious means available to it and the Seller .shall pay nil costs assavimcd with such work. Permits Seller shall procure at sellers sole cast all accessary permits. certificates and licenses required by all applicable Imes, regulations, ordinances and mles of the state. municipality, territory or political subdivision where the work is perfumed, 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 toss incurred by them by reason of an asserted or established violation of env such laws regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the npresentativ'es arc, in fact, bona fide and posscc full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcferentee. Any additional or different tans 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 of the csacncc. Delivery and performance most be efnted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver afthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clscwhem and holding the Seller liable for damages. However. the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, fad, 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Sella woman; that all gads, 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 dcgme of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchascr may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair at 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 terms ofany applicable warranty provided by the Seller ancr the date of acceptance ofthe gaols fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not consulate a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of thc foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or dcletioms from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affcds the amount due or the time of performance hereunder, an equitable adjtu ream shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, magnum this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which am the Sclla s standard stack No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Seller 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 an subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchascr hamlcu from all costs and damages suffered by the Purchascr as a result ofthe Sellers failure to comply withsuch law. 9. ASSIGNMENT. Neither party shall assign, confer. or convey this order, or any monies due or to become due havander without the prior written consent of the other party. 10. TITLE. The Seller womnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall rclease the Purchaser and it, contractors ofany tier fmm all liability and claims of any nature resulting front the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the d imams,. Beers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reducer], in any say, 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 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 Purchascr for any cast. experts, or damage which it may be obliged In pay by amscor ofmch infringement at any time during the prosecution or after the completion of the work. In case said equipment, at any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantially actual but noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a mcciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions aftems used or the interpretation ofthe agreement and the rights orou panics hereunder shall be construed under and gmcmed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellcrs Repmscntative(s). on the pmmiscs ofmhas. 17. SELLERS RESPONSIBILITY. The Seller shall any no said work at Seller's own nsk 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the .satisfaction of the Purchascr. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller Will receive, upland. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. 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 with the work covered by this purchase order, and/or to their dependents in accordance with the laws 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 and death limits of at least S300.000 fro any one person. $500.000 for any one accident and property 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 ofthe Sellers or his contactors mpinyses shall do any work upon the premises of others. the Sellashall famish the Purchascr with a cenificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bean provided. Such certificates shall specify the date when such compensation and imumam expires. The Seller agrees that such compensation sad insurance shall be maintained until aAa the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller busby assumes the entire responsibility and liability for any and all damage, lass or injury ofnny kind a, ..rare whatsoever to persons or property caused by or resulting fmm the csceution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchascr and any nr nil of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and avhmher to pets ans or prepay to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or conmmors officers. agents or employees In case any suit or other proceedings shall be brought against 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 ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcnof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and nil judgments that may be incurred by or obtained against the Purchascr or any of its or their offeers. agents or employees in such suits or other proceeding.,, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchaser. or said panics in or as a result of such Suits or other proceeding.,. the Scllcr will at once cause the same to be dissolved and discharged by giving bond for otherwise. The Seller and his contractors shall take all safety 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