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HomeMy WebLinkAbout114212 KUNC FM 91.5 - PURCHASE ORDER - 9120218City of a rt Collins Date: 01/13/2012 Vendor: 114212 KUNC FM 91.5 1901 56TH AVE, STE 200 GREELEY Colorado 80634-2950 PURCHASE ORDER PO Number Page 9120218 j 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 I Lincoln Ctr Advertising 2012 / 1 LOT LS 13,000.00 Blanket Order Total $1 97:L� O'AA;—Qz�e_ Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not mlcase the Seller of Goods Rejected. GOODS REJECTED due to failure to met specifications, either when shipped aduc to defects of say ofthe warantics or obligations of this purchase order and shall not be deemed a waiver ofany right ofthe damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of arisen purchaser to insist upon strict performance haeofor any offs rights or remedies as to anv such goods. regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted. A to any prior or subsequent default hereunder. not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City ofFon Collins inspection no arrival. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authodzed 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection 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 hacalla 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 relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased m acquind 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 manufacturers have distributing points in various pans 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 he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state. municipality, territory or political subdivision where the work is pafomeed, 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 sad Ins incurred by them by reason of an Assrned or established violation of any such laws, regulations, ordinances. mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and poses full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order exprcsly limits acceptance to the tames and conditions stated harm set Ranh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposal 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 premised delivery ante 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 prevision 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 Sella shall not be liable for damages as a result of delays due to rouses not reasonably foreseeable which are beyond its reasonable control and without its fault ofnogligencc. such acts of Gad, acts fcivil or military Authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Sella first mccived knowledge thereof. In the even 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 he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Sella 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 or make good, without cost to the purchaser, any defects or faults arising within one (I) 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 a0a the date of acceptance ofthe goods famished hereunder (acceptance not to be unmaonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except As otherwise provided in this Purchase order, the Sellers liability hemunder shall extend to all damages pmximatcly caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or toss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the tem s. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustnent 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 goods then not shipped, subject to any equitable Adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims far anticipated pmtits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Sella with respect to any goods which arc the Sellers standard stock. No such temuination shall relieve the Purchaser or the Seller ofany of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ascrtcd within thirty (30) days from the date the change or termination is ordctcd. S. COMPLIANCE WITH LAW. The Seller warrants that all gads mid hacunda shall have been produced. sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Slier shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this mfcrence. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages mffaed by the Purchaser As a result of the Sellers failure to comply with such law. 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 parry. 10. TITLE. The Scllcr nu m as 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, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the went of fault of negligence of the parry released and shall extend to the dimctom, nffcem and employees of such parry. The Seller's 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 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, expense a damage which it may be obliged to pay by mason ofsuch infringement at any time during the prosecution or other 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 part is enjoined, the Seller shall, at its own expense and at its option. citha pmeure for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an 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 of terms 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 Repremntative(s), on the premises ofothcrs. 17, SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Settees 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 Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser, When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and hnn lle mine At the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order, 18, INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefits, to its employees employed an or in connection with the work entered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability m,urmcc with bodily injury and death limit of at Icnst S300,000 for anyone person. S500,000 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 of the Scllcrs or his contracturs employees shall do Any work upon the no, i.acs ofothcrs, the Seller shall furnish the Patch., with a ecnificute 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 compcnmtion 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 asumcs the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or pminaty 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 affects, agents and employees fmm 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 Scllcr, any of his contractors, 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 officers, agents or employes at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as oferemid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs 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 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 ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond orotherwise. The Seller and his contact.. shall take all safety precautions, fumish and install all guards necessary for the prevention of accidents, comply with nil Imes and regulations with regard to safety including, but without limimtinn, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03/2010