Loading...
HomeMy WebLinkAbout441324 PRAIRIE MOUNTAIN PUBLISHING LLP - PURCHASE ORDER - 9120219City of /",.F.`o_rt Collins Date: 06/14/2012 PURCHASE ORDER Vendor: 441324 PRAIRIE MOUNTAIN PUBLISHING LLP 5450 WESTERN AVE BOULDER Colorado 80301 PO Number Page 9120219 10f2 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: 01/12/2012 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 Extended Ordered Price 2 Addendum to PO# 9120219 For Estimated Purchase Costs Authorized per Requisition # 42159. c3. o%tises� 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 EA 16,000.00 Total $16,000.00 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. By statute the City of Pon Collins is exempt from state and local canes. Our Exemption Number is 11. NONWAIVER, 99-04502. Federal Excise Tax Exemption Certificate of Registry 54.6000557 is registered with the Collector of Failure ofthe Purchaser to 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 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right ofthe damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereoforany ofit, rights or remedies as to any such goods. regardless instructions frothe City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported 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 of For; Collins inspection an arrival. hereof. 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 he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedurc, violations are in fact horns by the Purchaser. Theretofore. for good cause and as considem. fian for executing this purchase under. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.B.. City of Fort Collins, 70ft Wood St.. Fort Collin,. CO 80522. unless acquired under federal or state ant itemt laws for such overcharges relating to the Tunica he goods or services otherwise specified era this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be oecepted. 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 Seller to correct nonconfnming or dcfcetive goods by a date to he agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments nre made from greater distance. may cause the work to be performed by the most expeditious means availshle to it. and the Seller shall pry all eons xssooiated with such work. Pamirs. Seller shall Posture at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and roles of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamless from and against all liability and loss incurred by them by rrsson of an assorted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authatimation. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein so forth and any supplementary or additional toms and conditions annescl hereto 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 premised delivery date as noted. Time is ofthe essence. Delivery and perfsmaince must be effected within the time stated on the Purchase order and the documents attached heron. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of Placing this order 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 reasonable control and without its fault ofncgligence. such acts ofGad, acts fcivil or military authorities, governmental priorities, Etas, strikes. food, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (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 ofthc delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfumed with the highest degree of cam and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser hamless firma any loss, damage or expense which the purchaser may suffer or incur on account ofthe Sellers; breach of wamny. The Seller shall replace, repair Or make good, without rest to the purchaser, any defects or faulh arising within One (I) ye, r or within such longer period of time as may be prescribed by law or by the terms ofany applicable worm my provided by the Sc let after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done err materials famished by the Seller. Acceptance or use of Bands by the Purchaser shall not co arsine a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately, caused by the breach of any Of the foregoing wamnties or guarantees. but such liabilitv,hall in no event include loss of Profits or loss of use. NO IMPLIED WARRANTY OR h1ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by aTinen change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities onginnlly utdered in the specification or dmwiags, by verb I 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 between the panics as to any work 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 adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shalt relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. Q. ASSIGNMENT. Neither party shall assign, tmnsfcr, 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 Seller warrants full, clear sad unrestricted title to the Purchaser for all can ipment, materials. and items famished in perfomance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfnmance of such work. 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 ofsuch parry. The Seller's enatachal obligations, including wamnty, shall not be deemed to he reduced, in any way, because ,such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ime any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamless 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 shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In ease said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankntp, make an nc ignment for the honefit 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 oftemrs used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmod under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder, including the services of Scllers Representative(,), on the premises ofothers. IT SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. in case ofany accident, dcstn ction Or injury to the work and/or materials before Seller's final completion and acccptmice. complete the work at Seller's own expense and to the xntisfncrion of the Purchaser. When materials and equipment are famished by others for installation or erection by the Scllcr. the Seller shall receive, unload. ,store 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. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease boncfiL, 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 liability insumnm with bodily injury and death limits of m Ienst S300,000 for nay one pawn. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if say, to provide for such compensation and insurance. fiction, any of the Sellers or his conmctors employees shall do any work upon the pmmius of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ceniftcates shall specify the date when such compensation and insurance expires The Seller 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 Seller hereby assunes the entire responsibility and liability fro any undid] damage. loss or injury ofany kind or nnmrc whatsoever to persons or pmpeny caused by or resulting Pont the execution ofthe work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices. agents and employees firma and against any and all claims, losses, damages, 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 officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on amount Or by reason of any act. action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employers as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own 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 Purchaser or any of its or their officers, agents or employees in such suits or other procccdings, and in ease judgment or Other lien be placed upon or obtained against the pmpcnv ofthe Purchaser. Or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his eonmcmrs shall take all safely 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 mles and regulations issued pursuant thereto. Revised 03/20I0