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HomeMy WebLinkAbout127454 JACOBS AUDIO LLC - PURCHASE ORDER - 9121887PURCHASE ORDER PO Number Page City Of 9121887 t of 2 `t Collinshis number must appear 1 , on all invoices, packing slips and labels. Date: 04/02/2012 Vendor: 127454 JACOBS AUDIO LLC 3340 W 71ST PLACE WESTMINSTER Colorado 80030 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 04/02/2012 Buyer: JOHN STEPHEN 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 1 Sound system rental for 2012 Blanket Order C3. Oi'la:s4 �L 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 1 LOT LS Total Invoice Address: 40,000.00 $40,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrnrs and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form snapped local taxes. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0tOR587 is registered with the Collector of Failure of the Pumbascr to insist upon strict performance of the term and conditions hereof fi ilurc 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 prompdy notify the Seller in the cam of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of tiny of the earnntics or obligations of this purchase order and shall not be deemed a variver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except open receipt of written purchaser to insist upon strict performance bercofor any of its rights or remedies as to env such goods, regardless instructions from the City effort Collins. of when .shipped, received of a cericd, as to any prior or subsequent default hereunder, nor .shall any purported oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fon Collins inspection on arrival. here.. 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 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 of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for grand 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 hercn0cr Freight Terms. Shipments must be F.O.H. City of Fon Collins. 700 Word St., Fan Collins, CO 90522, nnlcss acquired under federal or state antitrust laws for such overcharge relating to the particular goods or services othenrkw specified on this order. If permission is given to prepay freight and charge sepamtcly, the original freight purchased or acquired by the Purchnscr 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 Whcrc manufnererers have distributing points in various pans of the country, shipment is If le Purchaser directs the Seller to carted nonconforming or defective goods by n date to be arced upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the SCIIcr thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Scllcr shell pay all costs nssociatcd with such work. Permits. Seller shall procure at sellers sole cost 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 perforated, or required by any other duly constituted public authority, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such taws, regulations, ordinances. odes and acquirements. Authorization. All panics to this contract agree that the representatives arc, in fact bona fide and possess full and complete authority In bind said panics. LIMITATION OF TERMS. This Purchase Order expecsdy limits acceptance to the terms and conditions stated herein sct forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference, Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the csscoce. Delivery and performance must be cffmtcd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofp triad late deliveries, shall operate as a waiver of this prevision. In the event of any 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 Sellershall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its r...able control and without its, fault efregligcncc. such act, of", acts ofcivil or military authorities, govemmcotal priorities, fires, strikes. Bond, epidemics, ones or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (3) days of the time when the Seller first received know [edge 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, reticles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, gill be 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 Seller agrees to hold the purchaser harmless form any Inns, 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 (1) year or within such longer period of time as may he prescribed by law or by the term of any applicable waranty provided by the Sell let after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfccl or defective n'ork don. or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofenv claim ander this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liabi l iry hereunder shall extend to all damages prximatcly caused by the breach of any of the foregoing warn ties or guarantees, but such liabilityshall in no event include loss ofpmfits or loss of am. NO IMPLIED WARRANTY OR M F,RCHANTABILITY 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 (ems, other than legal term, 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 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 lonocce the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not he 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 adjustment he made in favor of the Seller with respect to any Sorts which are the Sellers stondnrd stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goohls delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim I.r adjustment must he asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documcrtts as may be required 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 Purchnscr htimdcss form all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such Ian'. 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 of the other party. 10. TITLE. The Scllcr evarounts full, clear and unrestricted title to the Purchnscr for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations. secunry interest cncumbrnnecs and claims of others. T'he Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting form the performance ofsueh ends. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsueh party. The Setters contractual obligations, including warranty, shall not be decreed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the SCIIcr is required to use any design, device, material or process covered by letter. patent, tmdcmark or copyright, the Scllcr shall indemnify and save hamilcss 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 shill indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such 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 in constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 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 properly or business, this order may forthwith be canceled by the Purchnscr without liability. 16, GOVERNING LAW. The definitions of tans used or the interpretation of the agreement and the rights ofall panics hereunder shall be consumed under and govcmcd by the Imes of the State of Colorado, USA. The following Additional Conditions apply role in cases w'herc the Seller is to perform work hereunder, including the services of Scllcrs Rcpresentatiec(s), on the premises ofuthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's non 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 Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials ,and equipment are famished by mhos for installation or creation by the Seller, the Seller shall receive, unlond, stem 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. I A. INSURANCE. ,Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, 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 laws 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 linbiliry insurance with bodily injury and death limits of at (cast 5300,000 for any one person, 5500.0ol for any one accident and proper 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 Sellers or his contractors employees shall do any work upon the Premises ofethcrs, the Seller shall furnish the Purchaser ANith a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the cntim respenedulity and liability for any and all damage, loss or injury of any kind or artnre whatsoever to persons or property caused by or resulting room the execution of the work provided for in this purchase order or in connection herewith. The Seller will in lcomify and hold to miles the Purchaser and any or all of the Purchasers officers, agents and employees form and against any and all claims. losses. damages, charges or expenses, whether direct or indirect. and whdher to persons or pmpcny to which the Purchnscr may be Put Or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other pmccedings shall be brought against the Purchnscr, or its officers, agents or employees at any tines, on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or tiny of its of their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the .me at the Sellers corn 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 Parchrar or nay of its or their officers. ,agents or employees in such suits or other pmccedings, and in case judgment or ether lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsueh suits or other proceedings. the Seller will at once cause the more to be dissolved and discharged by giving bond orothenvisc. The Seller and his contractors shall take all safety precautions, famish and install all guards accessary for the prevention of accidents, comply with all lases and regulations with regard to safety including, but without limitation, the . Occupational Safety and Health Act of 1970 and all reles and regulations issued pursuant thereto. Revised 0312010