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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9121817Fort Collins Date: 03/28/2012 Vendor: 117101 VISION GRAPHICS INC 5610 BOEING DR LOVELAND Colorado 80538 PURCHASE ORDER PO Number Page 9121817 1 of 2 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: 03/27/2012 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Lincoln Center Season Brochure 1 LOT LS Printing for 2012-2013 Season Quantity: 82,160 brochures Renewal of award for Request for Quote dated June 3, 2011. Specifications per Request for Quote dated June 3, 2011. Price per Vendor Estimate 68614 dated March 12, 2012. 6,548.00 Coordinate proofing, production and delivery with Susan Herlihy @ Lincoln Center, 970-416-2752 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 Total 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. Hy smote the City of Pon Collins m exempt fmm state and Inc.,] taxes. Our Exemption Numher is 11. NONWAI VCR. 99-114502. Federal Excise Tax Exemption Certificate of Registry 84-(s000SS7 is registered with the Collector of Tailor of the Purchaser to insist upon strict performan" of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 1973. Chapter 39-26, 114 (a} exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the ecant of a breach, [hc aeecpmnec 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 disc to defects of any of the wsum mles nr Obligations of this purchase order and shall not be deemed a waiver of any rich[ of the damage in transit, may be retained to you for credit and arc not to be replaced except upon receipt of carmen purchaser to insist upon strict perfomance hercofor any of its rights or remedies as In any such goods. recaMless instructions form the City of Fort Collins. of when shipped, received or accepted. as to any prim or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection no arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized 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 mmple[ion ofall applicable required inspection p rsadtrns, 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 must be F.O.H., City of Fort Collins 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antilnst laws for such overcharges relating to the particular goods or services otherwise specified on this order. U permission is given to prepay freight and charge separately, the original freight purchased or near i red by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point in various parts of the country. Shipment is If the Purchaser directs the Seller to corned nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purehx,yr shipments arc made fmm greater distance. may cause the work to be perfomunl by the most cxpcditinus means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller Shall procure at Sellers SOIc rest all neeexsmy, permits, certifeaos and licenses required by all applicable Laws, regulations ordinances and rules 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. Scllcr further agrees to hold the City Of Fort Collins harmless from and against all liability and Ins, inured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and reanircmcntc. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bird said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and nnv supplcmenory m additional tans and conditions annexed hacto or incorporated herein by reference. Any additional or di Rcreat Isms and conditions proposed by sellerme objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to arrive ran your premised delivery date as noted. Time is of the essence Delivery and pMormance mast be effected within the time .Stated on the purchax order and the documents amached hereto. No act of the Purchasers including. without limitatine. acceptance ofponial late deliveries, shall opanic as a waiver ofthi, provision. In the event oCany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option off lacing this older elsewhere 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 arc beyond its musenable control and without it fault ofncgligatec. .such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics wits or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of tiro time when the Seller first received knowledge thereof. In the event of any such delay, the date of ddi,'cny ,hall be extended for she period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods articles, materials and work covered by this older will conform with applicable drawings specifications samples and/or other descriptions given, will he ft for the purposes intended, and performed with the highest degree of care and compdencc 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 Purchaser may suffer nr incur on account of [hc Sellers breach of oamnty. The Seller shall replace, repair or make gad, within am to the purchaser, any defect or faults arising within on (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty pmvidcd by the Seller after the date Of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed). resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a 0not er ofany claim under this warranty. Except es othenviw provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing warm lines nr guarantees, but such liability shall in no event include loss of profits or loss of use, NO IMPLIED WARRAN"I'Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE: SHALL APPLY. 4. CHANGES IN LEGAL. TERMS. The Pumhascr may make changes to legal terns by written change ode, 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions In or deletions front the quantities originally ordered in the specifications or drawings, by verbal o vriucn change order. If nnv Such change affects documental 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 portions of the goods then not shipped, subject to any equitable adjustment bcnccn the panics as m any work or materials then in pmgresS pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncnmplded portion of the goods and/or work, for incidental or consequential dumages, and that no such adjustmcru he made in favor of the Seller with respect to any goods which are the Sellers standard Stock. No such termination short relieve the Purchaser or the Seller of any ofthcir obligations as to nny goods delivered hcrcnndcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days fmm the date the change or tcminntinn is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all good, sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable lams and regulations to which the goods arc subject. The Seller shall cxcmdc and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless from all costs and damages suffered 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 oreem or any monies disc or to become title hereunder wilhout Ibc prior written consent of the other piny. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, resonation, security interest encumbrances and claims ofothem. The Seller Shall release the Purchaser and it contractors of any tier from all liability and claims of any nature resulting front the performance of such work. This release shall apply even in the event of fruit of negligence of the parry released and Shall extend col the directors, omcers and employees of such party. 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 he perfumed by the Puehoser. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by Lena, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and rill claims for infringement by reason of the use of such patented design, device, material Or pmcec 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 ofsa ch infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any pan thereof or the intended use of the gasses is in such suit held to constitute infringement and the use of said equipment nr pan is enjoined, the Seller shall, at its own expense and at it option, either procure for the Purchaser the right to continue using Said 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 he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, of terms used Or the interpretation ofthc ngrecmcnl and the rights of all panics hcrcnndcr shall be construed ander:md govemed by the lams of the State of Colorado. USA. The fdrmving Additional Condition, apply only in case, where the Seller is to wrfom work hcrcnnder. including the senice, OfSellers Reprcscnmtive(s). on the premise, nfothers. 17 SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's raw risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Sellers., final completion and acceptance, complete the work at Selleh own expense and to the Satisfaction of the Purchaser. When materials and equipment arc furnished by other, for installation or creation by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible flimfor as though such materials and/or equipment were being furnished by the Seller trader the order. 19. INSURANCE. The Seller ,hall, rat his own expense, provide for the payment of workers compensatina. including occtmalmaill disease benefit. to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller Shall also tarty comprehensive general liability including, bill not limited to, contractual and auromobile public liability insrnnnee with bodily injury and dcatb limirs of m leaser S300,000 for any one person. S500.000 for nny one accident and pmpeny damage limit per accident of STOO.OW The Seller Shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any Offs: Sellers or his contractors employees shall stormy work upon the Four my, of others. the Scllcr shall furnish the Pumbaser with a ecnificme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have han provided. Such eenificates shall specify the dal, when such compens tiro and insumnee expires. The Scllcr ogrees that .Such comperaltum and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire responsibility and liability for nny and all damage, Ins, nr injury of any kind or nature whntocvcr to persons or property caused by or resulting form the execution of the work provided for in this Puri order -or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers effects, agents and employees fmm and against any and all claims. losses damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller. any of his contractors Or any of the Sellers or contractors officers, agent or employees. In ease any suit or other pmccedings shall be hmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of nny act. action, neglect. omission or dcfaalf of the Seller of any of his contractors or any of it or their Officers. agents or employees as aforesaid. the Seller hereby agrees to axsnmc the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fixer and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its Or their Officers, agents or employees in such snits or other pmccedings. and in ease judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a resull of such suit or other prsceedings. the Sellerwill at once cause the same to he dissolved and discharged by giving bond Or otherwise The Seller and his contractors Shall take all safety precautions, furnish and install all guards necessary for the prevention of accident, comply with all Innis and regulations with regard to safety including, bill without ]initiation, the Occupational Safety and Health Act of 1970 and all role, and regulations issued pursuant thereto. Revised 0312010