Loading...
HomeMy WebLinkAbout114212 KUNC FM 91.5 - PURCHASE ORDER - 912032212032 PURCHASE ORDER PO 9er Page City Of 120322 I of 2 `t Collins oll i ns This number must appear ` 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 114212 Ship To: ELECTRIC UTILITIES KUNC FM 91.5 CITY OF FORT COLLINS 1901 56TH AVE, STE 200 700 WOOD ST GREELEY Colorado 80634-2950 FORT COLLINS Colorado 80521 Delivery Date: 01/21/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Advertising for Climate Wise 1 LOT LS 24,360.00 Total $24,360.00 7x� (3 O ✓lA c Q� 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 II, 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Rep Colorado Rcvimd Statutes 1973. Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be mourned to you for credit and am not to be replaced except upon receipt of written instructions farm the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Pnilure of tho Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or comedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Scller of any of the wammics or obligations Of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, an, shall any purported oral modification or rescission of this purchassc order by the Purchaser operate as a waiver of any ofthe 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 pan of the City of Fan 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 hacaflcr Freight Terms. Shipments must be F.O.H., City of Fog Collins. 700 Wood St, Fog Collins, CO 96522. unless acquired under federal or state antitrust Imes 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 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 Whcre manufacturers 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 farm Invoice when Purchaser and the Scller.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 performed by the most expeditious means available to it, and the Seller shall pay all cents associated with such work. Permits. Seller shall Fracture at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules ofthe state. municipality, territory or political xubdivisinn 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 harmlcxa form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, talcs and requirements. Authorization. All parties to this concoct agree that the representatives arc, in fact, bona f lc and possess full and complete amhodty to bind said panics. LIMITATION OF TERbIS. This Purchase Order expressly limits acceptance to the terms and conditions .stated herein 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 am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery, and perfomancc must be cffeeted within the time stated on the purchase order and the dooumcnts attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Howuver, the Seller shall not be liable for damages as a result of delay, due to coaxes can reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, act, of civil or military authorities, governmental priorities, fires, strikes. Bond, 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 knowledgc thereof. In the event of any such delay, the date of dcl ivory 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 cam and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless farm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sol lets breach of wamnry. The Seller %hall replace, repair err make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer crind of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. he Scllers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmfts 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. Il 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 written change order, terminate this agreement as to any Or all purtinns Of the goods then not shipped, subject to any equitable adjustment bctxvicen 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No such 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 farm the date the change or termination is ordcmd. 8. COMPLIANCE WITH LAW. The Seller warms that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable paws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence eomplinncc. 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 Purchaser harmless from all costs and damages Suffered by the Purchaser us 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 dire or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller wamnts 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. reshietions, reservations. wcunry interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting from 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 directors, nffecrs and employees of Bach party. The Seller,, contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited 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 or damage which it may be obliged to pay by reason ofsuch 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 goods, is in such suit held to constitute infrouvacm and the use of said equipment or part is enjoined, the Seller shall, at its men 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 noniniringing equipment, or modify it so it becomes noniniringing. 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 pmperty or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defmitiens fterms used or the interpretation niche agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services OfSellers Representative(s), an the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installatinn or erection by the Seller, the Seller shall receive, unload. start 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of unrkers compensation, including occupational disease bencfls. 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 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 irr_iury and death limits of cat least S300.000 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 comment". if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Scllcr 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 Scller 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 rcspunsibility and liability for any and all damage, loss or injury of any kind or nature whntsocver to persnms or propcny caused by or resulting farm the execution ofthe work provided for in this purchase order or in connection herew ith. The Seller will indemnify and hold hormicss the Purchaser and any or all of the Purchows 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 pmperry to which the Purchaser may be put or subicet by reason of any net, acting, neglect, omission or default on the pan of the Scller, any of his contractors, or any of the Scllers or contractors o0iccts, agents or employees. In case any suit or other pmcecding% shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any net action, neglect, omission or default of the Seller of any of his contractors or any of its or their otfuccm. agents or employees ns aforesoid, the Seller hereby agrees to assume the defense thereof and to defend the saute 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 otTmcrs, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the proper y of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings the Scller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prccautimx, furnish and install all guards necessary for the prevention of accidents, comply with till Inws and mgulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010