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HomeMy WebLinkAbout113129 FORT COLLINS CONVENTION AND VISITORS BUREAU - PURCHASE ORDER - 9140251Fort Collins Date: 06/13/2014 PURCHASE ORDER Vendor: 113129 FORT COLLINS CONVENTION AND VISITORS BUREAU 19 OLD TOWN SQUARE #137 FORT COLLINS CO 80524 PO Number Page 9140251 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 01/10/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Lodging Taxes Distribution Req.47528 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.wrn 1 LOT EA 103,385.00 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. COMMERCDV.DETAILS. Tax exemptions. By statute the City of Fort Collins u exempt fmm slide and luoal taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmifiente of Registry, 84.6000587 is registered with the Collector of Failure i f the Purchaser m strictthe W insist upon performance ofnn9 and conditions hereof, failure or delaW y Internal Revenue, Denve, Colorado (Rd. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promp0y notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder in approval ofthe 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 under and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrirm purchaser to insist upon strict perfomtance hereofor any of its rights of temedies as to any such goods, regardless instructions fmm the City of Tom Collins. of when shipped, received or acceptal, as to any prior or subsequent default hereunder, nor shall any p i arced oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temps Inspection. GOODS are subject to the City of For Collins inspection on miss. hereof. Final Acceptance. Receipl of the merchandise, services or equipment in response to this order canexult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fort Collins. Howes, it is to be understood than FINAL Sella and the Purchaser recogrdze that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required transition procedures. violations arc in fact home by the Panansi r. Theretofore afar goml muse and as consideration far exacting this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or htuaffer Freight Temps. Shipments most be F.O B., City of Fort Collins, Too Wood St., Fort Collins. CO 80522. a Tess acquired maker federal or slope aatiutat laws for such overcharges network to the particular goods or seaica otherwise specified on this order. If permission is given to Factory (reight and charge separately, the original freight purchased or mquined by the Purchaser Pursuant to this purchase order. bill mess, acownews,invoice. Additional chapp. for uackme will out he sex need. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deduced fmm Invoice when shipments we made from greater distance. Parties. Seller shall procure at sellers sole cost all necessary permits, cenificma and licenses required by all ,,I table laws, regulmions, ordinances and roks of she star, municipality, mrilory err political subdivision where the wark is performed, or required by any pIlin duly constituted public maturity haviogjurisdlction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss manned by them by reason of an asserted or established violation of any such laws, regulations, ovinances, pales red requirements. Authoria.ion. All parties to this contract agree Out the reprtsentmives are, in fact bow fide and possess full not complete authority to bind said panics. LIMITATION OF TERMS- This Purchase Order expressly limits accepmna to the tarts and conditions Sated herein sn fired and any supplementary or additiowl repass and cons itiom annexed hereto or incoryorated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby Maned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to pr ive on your promised delivery date as noted. Time is of the aria, Delivery and performance must be effected within the time sepal on the purchaw order and the docunents attached hereon. No acts of the Purchasers including, without limitation, acceptance of partial late deliverle, shall m,c.te as a waiver of this provision. In the event of ony 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. Heacesa. the Seller shall col be liable for damages. a molt of delays due t0 causes at reasonably foreseeable which me beyond its maamuble control aM without its fault ofudi,ence, such as ofGoq acts of civil or military prinni its, gevermnmcal priorities, fires, strikes, flood, ryidennics, wars or hots provided that notice of Ne conditions coming such delay is given w the Purchaser within Five (5) days of the time when the Seller first received knowledge thereef. In the users of any such delay, the dale of delivery, shall be extended for be period rywal m the lime usually lost by reason of be delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and we& covered by this arden will conform with applicable drawings, specifications, samples and/or other descriptions given, will M fit for the purposes intended, and Panama! with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold she purchaw, harmless from any loss, damage or experue which the Purchaser may surf or incur, on account ofthe Sellers breach officinal, Ibe Seller shall replace, repair or make good, without cast eo the purchaser, any defects or faults arising within one (I) year or within such longer period of time as nay be prcwtihd by law or by the corms worry applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or di fetive work done or materials famished by dre Seller. Acceptance or use of good by the Purchaser shall not con timte a waiver ofany claim under this warranty. Except as otherwise provided in this purchaw, coda, the Sellers liability hereunder shall extend W all damages proxin.ehy caused by the breach of any of be financing warranlas or guanatms, but such liability shall in no rem 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 terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal perms, including additions to or deletions from the mu als originally overall in the affect firinuns or drawings, by verbal or a rulan change order. If any such change nflects the rearm. due or the time of perfnmaance hereunder, an equitable adjastmcnl shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change over, terminate this agreement m to any or all Wniws of the good then not shipped, subject to any equitable adjustment between the parties as to any work or matenao then in progress provided Ram the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,onion ofthe good andtor work, for incidental or consryueaaiv damages, and that no such a ifyina eat be made in favor wshe Seller wind raped to any good which are the Sellers standard mock. No such termirmion shall reline the Freeloader or the Seller ofany of their obligmions as a any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be woured within thirty (30) days fmm the dare the change or termompon is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been p,.dccvd, sold, delivered mad fumishel in stria compliance with all applicable laws and regulations to which the gaud are subject. The Seller shall execute and deliver such documents as may be required W 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 hamhess from all costs and damages suffered by the Purchaer as a mull of the Sellers failure to comply wind such law. 9. ASSIGNMENT. Neither Funny shall assign aaasfer, or convey this area, or any monies due or to become due hereunder without be prior wrium consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted firle to the Purchaser for all equipment, materials, and items famished in performance of this agrear aw, free and clear of any and all liens, restrictions, pown,diom, secudry interest encumbrances and claims of offers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller W careen nonconforming or defective good by a date to bo agreed upon by the Purchase and the Seller, and the Seller thereafter indicmes 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 easacioed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the even of fault of negligence of the parry released and dull extend no the directors, officers and employees usuch party. The Sellers connuctual obligations, including warranty, shall not be named to be reduced, in any way, because such weak is performed or crowd W be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covets by lever, patent. traderrmrk r copyright, the Seller shall indemnify and save harmless 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 comma, and shall indemnity the Purchaser far very cost, expense or damage which it may be obliged to pay by .,an of such infringement nl any time during the prosecution or a0er 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 Ir co meimm infdnganent and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prepare For the Purchaser the right m continue using said equipment or parts, replace the same with substantially equal but novvbnging equipment, or modify it so it becomes noninfringim. 15. INSOLVENCY. If the Sella shall become insolvent or android, make an assignment fro the benefit of credirors, appoint a or trustee far any of Ne Sellers property a business, this orda may fhwith b, canceled by the Putchasa avolow liability. 16. GOVERNING LAW. The definitions oflarm used or be interpretation o'the agreement and the rights ofall panes hereunder shall be continued under and governed by the laws ofthe Sum ofCalo ado, USA. The following Additional Conditions apply only in where the Seller is to performwork hereunder including the services of Sellers Rep acianieive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellas own risk ..in the same is fully completed and camped, and shall, in se of my accident, destruction or injury to the work maker materials before Sines final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When enarerials and cqo fi e d art Rumored by others fir installation or erection by be, Sella, the Sella shall receive, unload, store and handle same at be site mM become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. IS. MSURANCE The 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 be work covered by this purchase order, and/or to their dependents in accordance with the laws of the slope in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and amomobile public liability insurance with hastily injury and death limits of at lead 53ng0.M for any ono per -ow. S5v0,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his it any, to pmvade for such compere and insurance. Beare any of the Sellers or his contractors employees shall do any work upon be premises of others, the Seller shall furnish the Purchaser with a anificate that such compensation and insurance have been provided. Such c nificates shall specify the data when such compensation and inmmnce hue been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees but such mmpensouon end insurance shall be maintained until after dre entire work is completed and Accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or wrote whosoever W persons or property caused by or resulting from the execmlon ofthe work provided for in this purchase order or in correction hnesvi 1v The Seller will indemnify and hold harmless be Purchaser end any cr all of be Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In cause any suit o other proceedings shall be brought against the Purchase, or its ofticers, agents or employees at any lime on account or by reason of any act, action, neglecl, omission or default of the Sella 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 awn expense, W 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 olTcets, agents or employees in such suits or other proceedings, and in cue judgment or allow lien be placed upon or .mined a, ins Oo property of the Purchaser, or said pandas m or as a resins of such mils or order proceedings, the Sella will al ore emw the same to be dissolved and discharged by giving bend or othmi., The Sella and his .,.a. shall take all safety precautions, Spanish and immll all guard era., far the preandw of Accidents, comply with all laws and regulation with regard to safety includm& but without limitation, the Occupational Safety aM Health Act of 1970 and all roles and regulations issued pursuanl thereon. Revised 03Q010