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HomeMy WebLinkAbout499434 PRODISPLAY - PURCHASE ORDER - 9121464Fort Collins Date: 03/12/2012 PURCHASE ORDER PO Number Page 9121464 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 499434 Ship To: CLRS ADMINISTRATION PRODISPLAY CITY OF FORT COLLINS 63 VIA PICO PLAZA SUITE 402 215 N MASON, 3RD FLOOR SAN CLEMENTE California 92672 FORT COLLINS Colorado 80524-4 Delivery Date: 03/12/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Veterans Plaza Digital 1 LOT LS 31,614.00 Signage Hardware Hardward for the Veterans Plaza digital signage per quotation 02032012A dated 2/3/12. Total $31,614.00 U 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax acmpiions. By smmc the City of Fort Cnllm%is exempt from state and locnl Inxm. Our Exemption Number is 11, NONWAIVER, 98.(A502. Federal Excise Tax Exemption Cer ilicata of Registry 54-M01I597 is regismmd with the Collector of Foilum of the Purchaser to insist upon strict performance of the terns and conditinns hereof, faihtrc or delay in Internal Revenue, Denver, Cnlnmd. (Ref. Colorado Rm,kud Smiulcs t 977. Chancr 39-26. 114 (a). exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the excrit of a hrcnch, the acceptance of nr payment for goods hereunder or approval of the design, shall rim mlcmc the Seller or Gods Rejected. GOODS REJECTED due to fnth.e m meet %mciftcamme. either when shipped or due In defecls of say of the w.mntics or obligations Of this purchase order and shall not he d.med A waiver of any right Of the damage in "wt. may he remrmil to ,you for credit and arc not m he replaced except upon m.ipt of written Purchaser to insist upon Atricl performance hercOf or amp of its rights or mmedies as to any such goods, mgmdlcss inset ctiom from the Ciw of Fnn C.11ins. of what shipped, necival or n.ddcd, As to any prior or suhsequem default hereunder, nm Shall any purpnmd oml modiftcarion or rcxamon of this purchase coda- by the Furchme Operate As a waiver of any of the lams, Itospcerim. GOODS am sutbi.t I. the City of Pon Collins ur pectian on arrival. hereof. Final Acceptance. Receipt of the merchandise, services nr equipment in response m this order can reu0 in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authonzed payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Puchnser recognize that in actual canmmic pmenec. ovemhnrg" resulting from Animal ACCEPTANCE, is dependent upon completion ofntl applicable required inspection pmecdums. violations arc in foci borne by the Purchaser. Therdnfum, for good cause and as ennsidemtion fur executing this pumlim order, the Seller hereby assigns at the Purchaser any and all claims it mny now have or haeafer Freight Terms. Shipments must be F.O.B., City of Fmt Collins. 71R) Wood St.. Fort Collins, CO R052-2, unless acquired under federal or stale antilmst Inns for such owmhnrges minting to the particular goods or services otherwise specified on this Order, Upermission is given to prepay freight and charge sepnntcly, the anginal (might purchased or acquired by the Purchaser pummmt to this prrchaac order. hill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mnnufactumm have disrihning poink in vatmus parrs of the country, shipment is especial from the nearest distribution point to datim on. and ""sit (might will he deduced from Invoice when shipments Am mark from greater dislimcc. Permits. Seller shall pmatrc at sellers side cost all neeswry pemits..rtiftcatea and licenses required by all applicable laws, regulations, ordinances and mien of the stone. municipality, Icritary nr political subdivision where the work is perfomed, or required by any other duly conomowd public authority having jurisdiction over the work Of s'eador. Seller fimher Agrees to hold the City of Fort Collins hamlcm from and Against all liability and loss inctimed by than by reason Of tin Asserted Or "i.blishcd violation of any such Inws, regulations, ordinances, rules and requirements. Atrdmrintion. All parties to this cmmM agree that the mmsenmtiwcs arc, in fact. hone ride and pOssesx fill soil complete authority in tend said pimim LIMITATION OF TERMS, This Purchase (haler expressly limits Acceptance to the toms nod conditions aimed herein set forth and any suppicmrnmm or Additional toms and rnnditions annexed herein or meorPnmted herein by reference. Any addimmnl nr di Rcrcnt lems and conditinns proposed by seller are objected to and hereby related. ? DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canons make complete .shipment in orrivc On vour pmmked delivery dmc As noted. Time is of the =am. Delivery and performance mint he effected within the time stated on the purchase order and the donlmems attached hereto. No ace of the Pomhoscrs including, without limimlion, accepmnce of partial Pale tici we im shall operate as a waiver of Phis provision. In the cccni of any delay, the Purchaser shall have, in addition to nth" legal nod equitable rcrnedics, the roman of placing this order elsewhere and holding the Seller liable for damages. However, the Sclltt shall not be liable for damages As A result of delay. due to camas not m mad ly (mrxer.bdc which am beyond its reasonable control And without its fault of negligence, such acts Of Cmd, acts orcmd Or military anlhmitics, gm'amnwruai pn enics, fits, strikes, food, epidemics, wnre or risk pmvidM that notice of the conditinns causing arch delay is given to the Pn¢haser within fiwe (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 reason of the delay. 1. WARRANTY. The Seller ".mots that all sonic, nnicles, materials mod work emered by this order will cnnfnm with applicable drawings, specifications, samples and/or other i1mmptimns given, will be rid rim the monoscs intended. ..I performed with the highest degme of care and competence in Accordance with accepted standards for work Of a Afanda, nature. The Sella agrees to hold the purchaser harmless from Any loss, damage Or expense which the Aurchnser may snfftt ar incur m nccOrmt Of the Shcrn breach of wmmnty. The Seller shall rcploce, repair or make grmd without cost to the Purchaser. any defeas or faults arising within one (1) year or n'ithin such longer period of time as may be pmscribed bylaw or by the terms of arty applicable warranty provided by the Sellcr Alter the dnle of aceepmn. of the goods fipmisbed hereunder (Acceptnnec non m he mremnnnbly delAyerll, msuhing from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shell not cmatitum a waive of any claim under this wormnty. Except as otherwise pmvided in this purchase Order. the Scllcm liability heremMe shall extend in .11 damages proximately caused by the breach of Am of the foregoing wmmnt," or guarantees. but such liability shall in no event include Inws ofpmAn nr less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS, The Pumhaser may make changes in legal hums by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the learn, other than legal term. including atlditiom to or deletions fmm the quantities Originally onteted In the AnceifimtMas sr drawings, by ratOd ar w•rhisn change under. If any such change affects the ammml duc or the firm of perfori hem infer. An equitable inhustment shall he made. R_ TERMINATIONS_ The Purchaser may at any time by writtm change order. terminate this Agrwmam as to Any or all pnrtinns of the ,mots then rim shipped, subject to Any cmritffiIc adjtmmenl between the panics as to any work Or mmen.la then in progrece pmvided the the Nuch.se shall not he liahic fro arty claims for anticlPaMl profits no the utwempleed pardon of the goods; oral/m work• for incidcroal or corawm rnmd damages, and that no such Adjus"an be made in favor of the Sellcr with reopccl to any goods which am the Sellers standard stock. No such termination shall mlicve the Purchaser or the Seiler of tiny of that obligations As in any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty 1301 days front the date the change or Icminndon is onlcmd. R. COMPLIANCE WITH LAW. The Seller wamms that all goods sold hercnmle shall hmc been produced, sold. delivered and furnished in strict compliance with all applicable laws and mgulations at which the goads arc subject. The Seller shall execute and deliw•er such documents.. may he raptured m effect or evidence compliance. All lows and mgulatons required to he ineorpxmted in agrcemenk of this character arc hereby incmpnmted herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hamic< from all costs and damages suffered by the Purchaser as a result of the Scllan failure to comply with such low. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey Ibis order, or any monic dew or to become due hereunder wilhmur the prior wrinen consent of the other party. 10. TITLE, The Seller wamnk fall• clear nod amsmaed tilde to the Pumhnwr for all equipment, mntmials. and items fnmixhed in pMomance of this agmawnt. free and clear of any end all liens, restrictions, resenmtinns, .cc rity interest cnctimbmnces and claims of mhos. 17. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defeenve goods by a time in be agreed upon by the Purchaser and the Seller, and the Seller thematic, indicates its inability m unwillingness in comply, the Ptirchnar may cause the work In he perfamM by the most expeditious means available to it, and the Seller shall pay All costs oamin ed with such work. The Seller shall release the Pnrclaacr and its emimetnrs of any tier from all ItnhilOy And claims of any nature resulting from the performs mcc orsuch work. This m1cme shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Selkr's conllnctual ohligminns, including warn nry, shall not he deemed in he reduced. in Any way. because .such work is Performed or caused to he parminied by the Ptimhnser. 14. PATENTS. Whenever the Seller is required in use any design, device. mntounl or Process covered by Icum parent trademark aratpynght, the Seiler shall indemnify and save hamlcss the Purchaser from any and all claims for m6ingenrent by reason of the use of such pnicated 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 In pay by reason of such infringement at any nmc during the (uosccutinn or aficr the cmnplaina of the work, In ease mid equipment. or any pan themof or the intended use of the goods, is in such snit held In constitute infringement and the use Of said ynipmcnl or pan is cnjnined, the Seiler shill, at its Own expense and at its option, tither procure for the Purchaser the right to continue using said equipment or parts, repl.ce the tame with such mnnally eglml hot noninfiinging equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insuWat or Imnkmpl, make an assignment for the henelil of eedimrs, appoint a mcciver Or mstee for any of the Sellcm pmpeny or bu.incss. this order may f.nhwith he canceled by the purchnsm without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement nod the rights Oran Panics hewum cr shall be construed under and gmemcd by the lows of the Slone of Colmndm. USA. The following Additional Cmrditions, apply only in cases where the Seller is to Perform work havisider. mchA1mI; Poe wn ice of Sclkrs Reprcsemm�vNsl, tin the premises of athcm. 17. SELLERS RESPONSIBILITY, The Seller xhnll carry on mid work at Seller's own risk until the sonic is filly completed and accepted, and shall. in else of any accident. d"Imetion or injury to the work and/or materials before Seller's final completion and acarm nee, complete the work at Seller's own expense And to the satisfaction of the Purchaser. When materials And cquipmrnl arc fumishcd by others for installation or erection by she Seller, the Seller shill receive unload, ,lure and boodle .same at the site and become mspmnsihle tharcfm as though such materials and/or equipment were being fimishal by the Sella under the order. I R. INSURANCE. The Sell, shall .t his non c.panse, provide for the payment of workers compensation. including Occupanoml disease benefits, to its empinyms employed on or in connection with the work covered by this purchase Older. and/or to their dependents in accordance with the laws of the same in which the work is m he done. The Sella shall also carry comprehensive general liability including. but not limited to, cannnctnnl and Automobile public liability Inmumace with bodily injury And dealh Ilmhs oral least 5300.9r)o for tiny One Person. S509,mo for any one accident and pmiaty damage limit per accident of "anj f. The Seller shall likewise nomim his contractors, if any, to provide for such compensAtim and insurance. Before any of the Sellers or his contractors em,J.yecx shall do rim work upon the maul of mien. the Seller shall finish the Atrchottr with A eenificow that such corimacalinn and insum oc have been pmvided. Such certificates shall AMOY the done when such coto,mialinn and insmanee have been pmvidM. Such ccrufiu mx shall grcclfy the time when such comprnmion and arson.. expirts. The Sclltt ngmes that such ffom snlium nad insurance shall he maintained and A0er the cmtrc work is complacti m d necepted. 10. PROTECTION AGAINST ACCIDENTS AND DAMACF,S, The Seller hoxhy.mumea the tolim responsibility and liability for any and All damage, Iota Or injury nfnnv kind or nAturc w•hntmevcr to person. Or property e... oil by Or resulting from the execution of the work pmvided for in this purchase order or in cnnmction herewith, The Seller will indemnify and hold hnmlcss the Pumhascr and Any Or all of the Purchasers oRwen. Agents and cntpinyas front mint ngainst nr v and all claims, losses. damages, charges m expenses whether direct Or indirect and whether in persons Or Properly in which the Purchase may he put or subject by rcmm of any act. action, ncgler, emission or default on the pan of the Sclltt, any of his ennh.aors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be hmnght against the Purchaser. or its officers, agents or employer at any time on amount or by rcnsm Of any net. Acnon. neglect, omission or default of the Seller of any of his cta nanm or any of its Or llocir Officers, agents or employees as aforesaid. the Seller hereby agrees to assume The defense thereof and to defend the same at the Sellers own expense. in pay tiny and all costs, charges, attorneys fees and other expemes, any and All judgnwnts that may he incamd by or obtained against the Rumi nscr or any of its Or their of4cem. agents or employees in such suits or other proceedings, and in case judgment Or other lien be placed upon or nhtained against the pmperiy of the Purchaser, or said panics in or as a malt of such suits, or other rmcecdings. the Seller will at once ntnc the same to be dissolved and discharged by giving bond or otherwise. The Seller And his emtnaors shot] take all mfety pmrnudions, htmish and install all m inr& mccssnry for the pm'emton Of accidents. comply with All law's And rcgulnfinas with regard to safety including. bid without limitation, the Occupational Safety and health Act of 1970 Aral all titles And regulations iss.d pumimaldi rm. Revised 03201n