HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9121817 (2)PURCHASE ORDER PO Number Page
City Of 9121817 ' °f z
6rt Collins This number must appear
on all invoices, packing
slips and labels.
Date: 04/2412012
Vendor: 117101 Ship To:
LINCOLN CENTER
VISION GRAPHICS INC
CITY OF FORT COLLINS
5610 BOEING DR
417 W MAGNOLIA
LOVELAND Colorado 80538
FORT COLLINS Colorado 80521
Delivery Date: 03/27/2012
Buyer:
DAVID CAREY
Note:
Line Description Quantity
Ordered
UOM Unit Price
Extended
Price
2 Addendum to PO# 9121817 1 LOT
EA
1,593.28
Adding 5th Color, Both Sides
To be printed 4/4 Color Process plus Metallic Silver w/ Bleeds.
Price per Vendor Revised Estimate 68614-1 dated April 20, 2012.
Authorized per Requisition # 41883.
Total
$1,593.28
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
Purchasc Ordcr Tem)s and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax eaemryicor, By start, the City of Fort Collins is exempt Tom .state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tits Exemption Cenificam of Registry 94-6000597 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Startles 1973, Chapter 39-26. 114 (a),
Goods Rejected. GOODS REJECTED dire to failure to meet specifications, either when shipped or dire to defects or
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are inducer to the City of Fort Collins inspection on mdval.
11. NONWAIVER.
Failure tribe Purchaser to insist upon strict patonnancc oflhe terms and coadilmov hereof, failure or delay to
exercise ray rights or remedies prm'idcd herein or by Lae, failare to promptly ontily the Seller in life event of if
brci ea, the nccepmnce offer payment for goods hereunder or approval of the design, shall net rcicrtsc the Seller or
any of the warmn h e, or obligations of this purchase order and shall not he denied a waiver of any right of the
purchaser rt insist open strict performance hmcofm any of its rights or rcmcdics as to fro such good, regardless
of when shipped, received or accepted. as to any prim er subsequent default hemander. not shall any purported
oral modification or mmissien of this purchase order by the Purchaser operate .re a waiver of any of file terms
hereof.
Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTT OF ANTITRUST CLAIMS.
authmiud payment on the pan of the Cif, of Fort Collins. However. it is to he understood that FINAL. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting fmm antimhsl
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Pnmhascr. Theretofore, for good cause and ns consideration for executing this
porchuse order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter
Freight Terms. Shipments must be F.O.K. Citv of Fort Collins, 7M Wood St., Fon Collins. CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. if permission is given to prepay freight and charge scpammly, the original freight purchased or acquired by the Purchaser pursuant to this pnrchasc order.
hill must accompany invoice. Additional charges for packing will on' he aceerted.
11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nonufutomre have distributing points in various pans of the country, shipment is The Purchaser d irects the Seller to correct noncenfomoing or defectne goods by a chile to bengmed upon by the
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seger, and the Seller therea Rer 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 Scher shall pay all
costs associated with such work.
Pemaits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable Imes, regulations, ordinances and rules of the state. nenicipalirv, mnitory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the werk
of vendor. Seller further agrees to hold the City of Fort Collins hamdcss from and against all liability and loss
incurred by them he reason craft asserted or established violation of any such laws, regulmimu, ordinances. rules
and requircmcnts.
Authorization. All panics to this contract agree that the represcmfmives arc. in fact. bout tide and possess fill and
complete authro ty to bind said panics.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and arty supplcmctnary or additional cons and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions proposed by'seller are objected to and touchy rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of ncc csccncc. Delivery and perfoeoance must be effected within the time
crated on the pnrchasc order anal the documents attached hereto. No acts of the Purchasers including, mvithout
lin.ivulan, acceptance of partial lam deliveries, shall orcu as a waiver of this provision. In the event Many delay.
the Pumhmer shall have, in addition to other legal and equitable rcmcdics the option ofplwiag this order elsewhere
and holding the Seller liable for damages. However. the Seller shall not be liable for damages as if result rdelays
due to causes not reasonably foreseeable which are beyond its reasonable control and x'ithont its felt ofneghp,acc.
such acts of God, act nfcivil or militaryautharitics, governmental priorities, fires. strikes Rood, epidemics, wars ar
rims provided that notice of the conditions causing such delay is given in the Purchaser within five (5) flays of the
time when the Seller first received knowledge thereof. In the went array such delay. flat date of delivery shall be
extended for the period equal to the time acmilly lost by reason of the delay
x. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confarm with applicnblc
drawings, specifications stories and/or other descriptions given. will be fit for the purposes intended, and
permuted with the highest degree of care and competence in accordance with accepted slnndTuds for work of a
similar nature. The Seller agrees to hold the purchaser harmless front any loss, damage or expense which fire
Purchaser any suffer or incor o. accuum of the Scllcrs breach of warranty. The Scllcr 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 be prescribed by Inca or by the terms of any applicable memory provided by rue Scllcr aner the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchnscr shall not
constitute a waiwcr array claim under this warrunly. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wnmntiev
or guarantees. but such liability shall in no event include tics of proms nr loss of use. NO II PLI I:1) WARRANTY
OR M ERCHANTA B 1111 Y OR OF FI"rN ESS FOR PURPOSE SHALL APPLY.
4. CI IANOES IN LEGAL. TERMS.
l'he Purchaser may make changes to legal temx by written change order.
5. Cl IANG ES IN COMMERCIAL TF,RM S.
the Purchaser any make any changes to the items, other than legal terms, including additions to or delclions fmm
the quamities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the anmunt due or the time efperformance hereunder, an equitable adjustment shall be made.
6. TERM (NATIONS.
The Purchaser may at any time by written chance order, terminate this agreement as In any or all portions of the
goods then not shipped subject in any equitable adjustment ho men the panics as to any work or nomrids then in
progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion critic goods and/or work, for incidental or consequential damages. and that no such mijn.snnenl he made in
favor of floe Seller with respect really goods which are the Sellers standard stock. No such terminatinn shall relieve
the Purchaser or the Seller of any offheir obligations is to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asscncd 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 fit m.ished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall eseente and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorpetted in agreements of this character arc hereby incorporated herein by this reference, The Seller agrees to
indemnify and hold the Purchaser Mules form all costs and damages suffered by the purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, many monies due of In became due hereunder without the
prior wTmcn consent ofthe other party.
10. TITLE.
The Seller warrants full, electoral unrestricted title to the Purchaser far all equipment materials and items furnished
in performance of this agrecmcol, free and clear of any and all liens, restrictions, reservations, semvity interest
encumbrances and claims ofolhers.
The Seller shall release the Purchaser and its enntmantx of any tier from all linbility and claims of anv nature
resulting from the perromtance of such work.
This rdcase shall nprly even in the event of fault of negligence of the party released and shall extend to the
directors, oftoccrs mad cmrlovecs afmmh party.
The Seller:., emurnctu d obligations, including w.rrnnty, stall not be deemed to be reduced, in any "'ay, because
such work is performed or caused to be performed by the Pllrcha.ser.
14. PATENTS.
Whenever the Seller is required to asc any design, device, material or process covered by lever, patent. trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser Gore nay and all claims for infrinecment
by reason of the use of such patented design, dn'ice. material or process in connection with the corl and
shall indemnify the Purchaser for any cast, expense of damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or aner the completion of the work. In ease said equipment, in
any part thereof or the intended use of fire goods, is in such snit held to constitute infringement and the use of
said equipment or part is enjoined. the Seller shall. at its town expense mid at its option, either procure for the
Purchaser the right to continue using .said equipment or ports replace the same with substantially equal but
r oninfringing equipment, or modify, it se if hCemues nonin(riagro.
15. INSOLVENCY. If the SCIICr shall become insolvent or bankmpt make an assignment for the henent of creditors, appoint a
receiver or trustee, for any of the Sellers property or business, this order may fmlhwi th be canoe led by the
Purchaser without liability.
16. GOVERNING LAW.
The definition, of remx used or the imcipreirtimn of the agreement and the rights ofml panics hereunder shall be
construct amle, and governed by the law, riffle State of Cnlarade, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the sen'ices cf Scllcrs Represenmtive(s), on life premises of afhees.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work of Scalds own risk until the same is fully completed and accepted, and shall.
in ease of any accident. destruction or injury to the work and/or mmermis 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 are Furnished by others for insmllmian or ercoion by the Seller. the Seller shall receive unload.
store and handle sane at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order,
I R. INSURANCE.
The Seller shall, at his tun expense, provide fir the paynmmt of workers compensmion, including occupmionxl
dieea.ac benefits. to its onpltyces employed eon or in connection with the x,c k covered by Ibis purchase order.
and/a, to their dcprndaus in accordance will the lows 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
1 rIolity inseranec .with bodily injury and death limits of it kart SM0,000 for any one person. S900.0 ao for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
camrachers. irony. to pevide for such compensation and insurance. Before any of the Sellers or his commctar,
employees shall do any work upon the pcah ices of others. the Seller shall famish the Purchnscr with a certificate
that such eompenshtinn and insurance have been provided. Such certificates shall specify the date when inch
compensation and insurance have been provided. Such certificates shall specify the dale when such cnmpens;uion
and insurance expires. The Seller agrees bar such compensation and insurance shall be maintained unlit after the
entire work is completed and accepted.
19, PROTECT ION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hereby acanmes the emile responsibility and liability for any and all damage, loss or injury of anv kind
or nature whmsoeve, to persons or merely cousal by or resulting from the execution of the work provided fir in
this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees hour and against any and all claims, losses, damages,
charges or expenses. whether direct or indirect and whether to persons or property to which the Purchasc, may
be of or eobject by case. of any net. action, neglect, omission or default on the ran of the Scher. any of his
contractors, or any of the Shcets or contractors officers. agents or conplavccs. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at anytime on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contmcmrs or any of it or
their officers, agents or employees as aforesaid, the Seller hereby agrees to rsxuae the defense thereof and to
defend the some at life Sellers own cspaxc, to pay any and all costs, charges, nvoecys fees and other expenses
any and ,It judgn.cut, that may be inanred by or obtained against the Purchn,ser or any of its or their officers.
,agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon ar
.blame,] against the property of the Purchaser, or said panics in or as a result of such suits or other rmccedings,
the Seller will m once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his eommchus shall take all safely precautions, furnish and install all gourds necessary for the prevention of
accidents, eonorly with all laws and regulations with regard to safety including, hot without limitation, the
Occupational Safetyand Health Act of 1970 and all odes and regulations issued pursuant thcrcte.
Revised 01/2010