Loading...
HomeMy WebLinkAbout114721 SIGNATURE OFFSET - PURCHASE ORDER - 9121109 (2)City of Fort Collins Date: 02/23/2012 Vendor: 114721 SIGNATURE OFFSET 4900 PEARL EAST CIRCLE SUITE 300E nnB�.O--yyU--LDER Colorado 803101 PURCHASE ORDER PO Number Page 9121109 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 02/22/2012 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 Ordered Extended Price 2012 Recreator Publication 1 LOT LS 61,000.00 Printing & Distribution Svcs. Estimated costs of printing and distribution services for the Recreator publication in 2012. Terms and Conditions per Services Agreement for City of Fort Collins RFP #7070. Total $61,000.00 9-0� Q. 0'yu�-Qk a-e_ 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt ions. By same the Cilv of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9S-6f502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser In 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 (fi). exercise any right, or remedies provided herein or by law, failure to pmntptly unify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the wamrttics or obligations of this purchase order and shall not be droned a waiver of any right of the damugc in transit, may he renamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfamnnec hercofor any of its rights or remedies as to any such goods. regardless instmctimns from the City effort Collins. of when shipped, received m ncccocd, a, to any prior or subsequent default hereunder. nor shall any pugmned 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 effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF AN TITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hmvevcr, it is to be undersmod that FINAL. Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitmst ACCEPTANCE is dependent own completion ofall applicable required inspection procedures. violations are in fact home by the Pumhnscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B. City of Fan Collins, 7(N) Wood St., Fact Collins. CO 96522, unless acquired under federal or state antitrust Imes for such overcharges retailing 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 Purehascr pursuant to Ibis 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 Scllcr to correct nonconforming or defccliwc good by a date to be agreed upon by file expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purehascr and ttic Seller,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. mace cause the work to be performed by the mast expeditious means available to it, and the Seiler shall pay fill costs associated with such work. Permits. Seiler shall practice at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ndcs of the state, municipality. territory or political subdivision where The work is performed, or required he any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen 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, ndcs and requirements, Authori&i1ion. All panics to this contract agree that the representatives are. in fact, boa fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set funh and any supplcmcntary or additional terms and conditions annexed heron or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected round h achy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to notice on your premised dclivery date as noted. Time is of the caence. Delivery, and performance most 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 of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of ,loving this order clsewherc 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 are beyond its reasonable control and without its fault ofnegliecnce. such acts of God. acts nfcivil or military authorities, governmental prinmics, fires, strikes. Food, epidemics avars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days critic time he. the Scllcr 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, ma crials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be To for the purposes intended. and perfumed with the highest degree of cam read campct.ce in accordance wish accepted standards for work of if similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage of expense which the Purchaser may suffer or incur on account of the Sellers breach of wammy. The Seller shall replace, repair or make good, without cast 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 wamnty provided by the Scllcr nficr the date of acceptance of the goods famished hereunder (acceptance not to be unrcacnnably delayed), resulting from imperfect or defective work draw or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warmnty. Except as otherwise provided in this purchase order, the Sellers liabiliy hereunder shall extend to all damages proximately caused by the breach of any of the foregoing %amatics or guamntecs, 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 Purehascr may make changes to legal terns by waimn change order. 5. CHANCES 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 ordemd in the specifications ar drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformanee hereunder, an equitable attlusment shall he node. 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 between the panics as to any wok 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 adjutment be made in favor of the Seller with respect to any good which am the Scllcrs standard stock. No such termination shall relieve the Purehascr or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shim (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wa rms that all yostrN sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamnkes from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE, The Seller common, full, cicarand unrestricted title to the Purchaser for all equipment materials. and items famished in performance of this agreement. firm and clear of any and all lions, restrictions, reservations, scanty interest encumbrances and claims ofothcrs. The Seller shall release the Pnmbascr and its contractors of any tier from all liability and chains of anv nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officersand employees of such party., The Sellers contractual obligations, including avamaty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PA TENTS. Whenever the Seller is required to use any design, device, material or process covered by True , patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser from are and all claims for infringement by reason of the use of such patented design, device, material or pmcesx in connection with the contract, sad shall indemnify rim Purchaser Ternary cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the preseeution or after the completion of the work. In ease said equipment or any part thereof or the intended use of the goMs, is in such snit held to constitute infringement find the use of said equipment or pan is enjoined. the Scllcr 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 madify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent at 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 tcmm used or the interpretation ofthc agreement and the rights (cfall panics hereunder shall he constmed under and gm'cmcd by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the srme is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Scller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are finished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and been mc responsible thcrcfor as though .such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, it his own expense. provide for the payment of workers compensation, including occupational disease hcncOts. to it employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes ofthe state in which the work is to be done. The Seller shall also entry comprehensive general liability including, but not limited to, contractual and antmmnhile public liability insurance with bodily injury and death limits of at (cast S300,000 for anv one prison, S501.000 for any one accident and pmperty danmge limit per accident of S400,600. The Seller shall likrnisc require his contractors, if any, to provide for such emnpensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of Others, the Seller shall famish the Purchaser with a certificate that such eompcnsmion and insurance have been provided. Such certificates shall specify the date when such enmpemmion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance cspires. The Scllcr 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 Scllcr hereby assumes the entire responsibility and liability for any and ill damage, Ines or ininry of any kind .,nature whosoever to persons or foopeny caused by or resulting from the execution ofthe work Provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers offence, agents and employees from and against any and all claims, losses, damnW;, 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 oficcrs, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its affects, agents or employees in any time On account or by reason of any net. action, neglect. omission or default of the Seller of any of his contractors or tiny of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some al the Sellers own expense, to pay any and all costs, charges, atromcys fees and other expenses, any and all judgments that may be inaumd 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 ar obtained against the property of the Purchaser, or said panics in or as a result of such suit, or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or chemise. The Seller 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 safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant uterem. Revised OM2010