HomeMy WebLinkAbout503978 INNOVATIONEWS LLC - PURCHASE ORDER - 9142867PURCHASE ORDER PO Number Page
City of PURCHASE
9142867 ' of z
Flirt ( OI I Ind+ This number must appear
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Date: 05/21/2014
Vendor: 503978
INNOVATIONEWS LLC
2503 GREEN MOUNTAIN DR
PO BOX 62
LIVERMORE CO 80536
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST
FORT COLLINS CO 8052
Delivery Date: 05/20/2014 / Buyer: PAUL, GERRY
Note:
Line Description Quantity /UOM Unit Price Extended
Ordered Price
2014 Sponsor InnovationNews 1 LOT LS 6,000.00
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
1. COMMERCIAL DETAILS.
Tax exemplions. By sltmle the City of For Collins is exempt from slate and local taxes. Our Exemption Number is 11. NON WAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 Is registered wish the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
butemal Revenue, Denver, Colomdo (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). exercise any rights or remedies provided here;. or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Good Rejected. GOODS REJECTED due to failure to meet apecifiramms, either ban shipped or due to de[ cu of any of the warami- or obligations of this purchase order and shall not be deemed a waiver of any eight of the
damage in trousi5 may be resumed to you for credit and are not to be replaced except upon receipt of wriven Purchaser to insist upon strict permarionce hereofor any of its rights or remedies as to any such good, regardless
rewritions from the City of For 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 are subject o the City of For Collins inspection on amval. hereof.
Final Acceptance. Receipt of the merchandise, services
w r equipment in response to this order result in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorimd payment oa the par of din City of FortCollins. However, it is m be undastood that FINAL Seller and the Purchaser reeognihe that in actual economic practice, overcharges insulting from anfiWst
ACCEPTANCE is dependem upon completion of all applicable required inspection procedures, violations pre in fact home by the Purchaser. Theretofore nfor good cause and ss 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 Shipment, must be F.O.B., City of For Collins, 700 Wood Sr, For Collins, CO 80522, unless acquircA under fcdcml or slate antitmst laws for such overcharges relating to the particular goods or services
otherwise specified an this order If permission is given to prepay bight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order
bit l must curvature invoice. Additional charges for waking will not be accepted
Shipment Distance. Where manufacturer have dlstribntiag points in vas us parts of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted Cmm Invoice when
shipments are made from greater distance.
Permit. Seller 'hall prnaue .1 selles sole cost all necessary perm;¢, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the slate, municipality, territory or political subdivision where
the work is perforated or required by any other duly constructed public authority having jurisdiction mar the work
of vendor. Seller buffer agrees 1. hold the City of For Collins hornless from and against all liability and lass
cured by them by reason of an armed or established violation of any soup law', regulations, ordinances, mica
sod
requirements.
Authorization. All ponies to this contract agree that the regress nboo es are, in fail, bona fide and possess fill and
complete authority to bind said pefies.
LI MII'AT[ON OF TERMS. This Purchase Order expressly limits acceptance to the Now and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
re&rencc. Any additional or different teats and conditions proposed by seller are objected to and herby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to amve on your
promised delivery date as noted. Time is of the essence. Delivery and performance mull be erected within Ire time
stated on the purchase order and the documents attached hereto. No acts of the Puch-ers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchase 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 are beyond its reasonable control and without its fault of negligence,
such acts oFGod, its of civil or military authorities, governmental priorities, Eric" strikes, Road, epidemics, wars or
ems provided that nice of the cordieo.s causing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof 1. the event of any such delay, the dale of delivery shall be
extended for the Period a ... I to the time morally lost by re -tin orlhe delay.
3. WARRANTY.
The Seller wou ants 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 purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
-mimr nature. The Serer agrees to hold the purchaser bmmless ftom in, leas, damage or expense which the
Producer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace repair or make
good without cost to the pumtmser, any defects or faults arising within one (1) year or within such longer peeiod of
time as may be prescribed by law or by the terms of any applicable waranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be romm mbly delayed), resulting from imperbct
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
tnslimte a waiver of any claim under this wuramy. 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 forgoing warranties
- gtera ttees, bar such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal trams by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Pumbear may make any changes to the Terms, other than legal peons, including additions to or deletions from
the quantities originally ordered in the specification, or drawings, by verbal or woman change order. If any such
change objects the amount due or the time of performance heretmder an equitable adjustment shall be mud,.
6. TERMINATIONS.
The Purchaser may at any time by unten change order, terminate this agreement at to any or all portsof the
good then net,hipped mintil to any equitable adjustment between the pashas as to any work or materials then in
progress povid,d that the Purchaser shall mop be liable for any claims for anticipated pmfits on the uncompleted
potion of the good anpm, 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 shall relieve
the Purchaser or Seller of any officer, obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or warrination is
ordered.
8. COMPLIANCE WI111 LAW.
The Seller waranta that all good sold hereunder shall have been produced, sold, delivered and famished in strict
on,therce with all applicable lawn and regulations to which the goods are 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 hamdess from all costs and damages antlered 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 order, or any monies due or to become due hereunder without the
prior writen compact of the other party.
10. TITLE.
The Seller warrants bull, clear and unrestricted title to the Practicer for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all lie-, remocfcons, reservations, severity inters,
encumbrances and claims efothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to wrest noncnnCmming or detective goods by a date as be agreed open by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
costs -socialist with such work.
@e Seller shall release the Purchaser and its contmetors of any tier from all liability unit claims of any name
resulting from the perfumunee clinch work.
Thus release shall apply ever in the even, of Guh of negligence of the Pafy released and shall extend 10 the
directors, Meet, and employees of,ach pafy_
Fie Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perfumed by the Purchaser.
14. PATENTS.
Wherever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
copyright, the Seller shall indemnify and save hermits the Furnace, firm any and all claims for InCriegemmtl
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 may be obliged to pay by mason of such
infringement at any time during the prosecution or other the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is to such stir held to orwh ule infrngement and the use of
said egniperenl 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 pars, replace the same with substantially equal but
noninfainging equipment, or modify it so it becomes cominGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bawri make on assignment for the baefil of creditors, appoint .
or trustee for any of the Sellers progeny or business, this order may tbrthwith be canceled by the
Purchaser without liability.
16. GOVERNING TAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all panic, hereunder shall be
cons.ued under and govemed by the laws of the State of Colorado, USA.
The following Addumand Conditions apply only in where the Seller is to perform work hereunder,
including the services of Sellers Represimpre(s), on thecases
premises efothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is miry completed and accepted, and shall,
in Or, of any accident, destrudlor or injury to the work empire materials before Seller's final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Parch-er. When materials
and equipment are bumlxhed by others for installation or ercetion by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials amber equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work cove ed by his purchase order,
andor to their dependents in accordance with Ire laws of the state in which the work is to be dome. The Seller
shall also carry comprehensive general liability including, but not limited to, connected and automobile public
liability i ou-n- with bodily injury ..,it death limits of n1 least 5300,000 for any arc Parson, $500 000 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractor, if any, to provide for such compensation and itcsuconce. Before any of the Seller or his commuters
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifieso,
that such compensation and insurance have been provided. Such cefiaeamo shall specify the date when such
compensation and insurance have been provided. Such eertifiwres shall specify be its when such compensation
and insurance expires. The Seller agrees that such compensation and insoranee shall be maintained rail after the
mire work is completed and accepted.
19. PROTECTION AGAINSI' ACCIDENTS AND DAMAGES.
The Seller hereby -somas the entire osponsbility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or prapmy caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whethe, direct or indirect, and whether a pbrow, or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the par of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any spit or after
proceedings shall be brought against the Purchaser, or its oricam, agents or employees at any lime 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 critics, ,no or employees as character, the Seller hereby agrees Io assume me defense thereof and 10
defend the same at Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon o,
obtained against Ire praprny o'the Purchaser, or said parties in or is a result of such suits or other proceedings,
the Seller will at once caul the same 10 be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety premature, furnish and install all guard necessary for the prevention of
accidents, comply with all lows 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 therem.
Revised 032010