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HomeMy WebLinkAbout165007 ACTION SIGNS - PURCHASE ORDER - 9123605PURCHASE ORDER PO Number Page City Of 9123605 I of z ' `t Collins This number must appear " 1 on all invoices, packing slips and labels. Date: 06/18/2012 Vendor: 165007 Ship To: OPERATIONS SERVICES ACTION SIGNS CITY OF FORT COLLINS 1413 WEBSTER AVE 300 Laporte Avenue FORT COLLINS Colorado 80524 Building B FORT COLLINS Colorado 80521 Delivery Date: 06/18/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Decals for new Chevy Caprices 1 LOT LS 1,732.02 KFCG funds-Est#3309 2 Decals for new Chevy Caprices 1 LOT LS 1,732.02 Replacement funds-Est#3310 Total $3,464.04 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 Purchase Ordcr Teens and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIV ER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchase( to ieesist upon strict performance of the terms and conditions hereof, failure or dclav to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 3q-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the aeceptnnce efor payment for goods hereunder or approval ofthc design, shall not relcase 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 of any right of the damage in transit. may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performnnec hereofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent dcfnult hereunder, nor shall any pinioned oral modification or rescission of this purchase order by the Purchaser opente as a waiver of any of the temms Inspection. GOODS are subject to the City of Fort Collins inspection carnival. 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 be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 Terns. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 56522. unless acquired under federal or stile antitmst laws for such overcharges relining to the ninicubir good or .services otherwise specified on this order. If permission is given to prepay freight and charge separately, 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. Shipment Distance Where manufacturce5 have distributing points in various pans of the country, shipment is expected From the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seiler shall procure at seilers talc cost all accessary permits, certificates and licenses required by all applicable Imes, regulations. ordinances and rules of the state. municipalityterritory 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 Fort Collins harmless From and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. 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 tents and conditions stated hercin set forth and any supplcmcfnary m additional tems and conditions annexed hereto or incorporated herein by reference Any additional or different touts and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yme cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performnnec must he effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this provision. In the event firmly delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplicing this order elsewhere and holding the Seiler 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 of negligence, such acts of God, acts of civil or military authorities, governmental pron tics, fires, strikes, flood, epidemics. warm or riots provided that notice of the conditions causing such dclav is given to the Purchnscr within five (51 days of the time when the Seller first rasived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Itched 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 order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the proposer intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser homeless from any Inns, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults art ine within one (1) year or within such longer period of time as may be prescribed by law or by the Icons orally applicable warearty provided by the Seiler ancr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting firearm imperfect or defective mark done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver infamy claim under this wren any. Except as othrmisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wormntics or guarantees, but such liability shall in no event include loss of pofils or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Icgal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moos, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbil 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 pmgrtts provided that the Purchaser shall not be liable For any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages and that no such adjustment be made in favor of the Seller with respect unruly goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thrifts, (30) days front the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants 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 goods 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 be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchnscr as a result of the Sellers fnilum to comply with such law. 9. ASSIGNMENT. Neithor parry shall assign, transfer, or convey this order, or any monies due or to baome due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrant full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cneumboure, and claims of others. r. PURCHASERS PERFORMANCE OF SELLERS OHL]GATIONS. the Purchaser directs the Seller to eofrcd nowen funding or defective good by a date to be agreed upon by the Purchaser and the Set lcq and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfnrmed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any licr from all liability and claims orally nature resulting front the performance of shah work. This releace shall apply even in the event of fault of negligence of the pant relca ed and shall extend to the directors, officers and employees of such party. The Settees continual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lencr, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason ofthe use of .such patented design, device. material or process in connection with the contract. and shall indemnify the Purchaser for any cost, esperec or damage which it nary be obliged to pay by reason of.such infringement at any time during the prosecution of after the completion ofthe work. In case said equipment. or any pan thereof or the intended use of the goods. is in such suit held to constitute infringcment 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 assigmment 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 definitions ofterms used or the interpretation ofthe agreement and the rights of ill parties hereunder shall he construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases what the Seiler is to perform work hereunder. including the scnices of Scllcrs Rcprcscnmtive(s), on the premises ofnthcrs. 17. SELLERS RESPONSIBILITY, The Seller shall cam no said Work at Seller's own 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 Sellers Final completion and acceptance, complete the work it Scllcr's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle same nt the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller ender the order. IA. INSURANCE. The Scllcr 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 entered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall ntso carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]east S300.000 for any one person. S500.00) for any one accident and pmpcny, damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his comm. cleas employees shall do any work upon the premises ofnthcrs, the Seller shall furnish the Pumhascr with a ecnificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenifcates shall specify the date when such compelosor n and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until ificr the entire work is completedand accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby essumes the entire responsibility and liability for any and all damage, loss or injury ofanv kind or nnture whatsaevcr to persons or property caused by or resulting fmm the execution ofthe work p nvider for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offem., agents and employees from and against any and ill claims, loses, damages. charges or expenses, whether direct or indirect. and whether to pe one, or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchasee or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their 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, 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 sch suits of other proceedings, and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his con", cams shall take all safety precoutions, furnish and install all guards naescary for the prevention of accidents, comply with all Iaws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 01/2010