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HomeMy WebLinkAbout131245 CLEAR CHANNEL BROADCASTING INC - PURCHASE ORDER - 9140034 (2)Fort Collins PURCHASE ORDER Date: 06/23/2014 Vendor: 131245 CLEAR CHANNEL BROADCASTING INC 3894 COLLECTIONS CENTER DR CHICAGO IL 60693 PO Number Page 9140034 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 01/03/2014 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 Credit Req # 47500 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 1 LOT EA -500.00 -$500.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins u exempt from state and local taxes. Our Exemption Number is 9"502. FWeral Excise Tax Exemption Certificate of Registry 84fi 589 is registered with the Collector of Internal Revenue, Deaver. Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a). Goats Repaired. GOODS REJECTED due to failure to meet specifications, aathm when shipped or due to defects of damage in uanit may be returned to you for credit and are Out to he replaced except upon receipt of warned instructions from the City of Fon Collins. Inspection. GOODS arc subject to the Cary of Ford Collins inspection on broad. Final Acceptance. Raeipt of the merclandise, services, ar equipment in response to Nis order can result in autheriud paymrnn on the pan of Ne Casty of Fort Call.. Hoaever, it is to be uMersrood Nat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tams. Shipments meal be FOB.. City of Fan Collins, 200 Wood St-, Fon Collins, CO 80522. unless otherwise specified oa this order If permission is given m prepay freight and charge sepvaaly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point ro destimmart, and excess freight will be deducted from Invwice when shipments ere made form Bremer distance. Permits. Seller shall pmcum at sellers sole cost all necessary permit, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is pr,rom ad, nr required by any other duly ammimled public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City Of Fiat Curio, hmmless from and against all liubllay and lass incurred by them by reason of an asserted or established violation of any such laws, regulation; ordinances, rules and requirement. Authorization. All ponies to this contract agree that the representatives are, in fact, bonu fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to file terms and conditions stated herein sex forth and any supplementary or additional tems and conditions annexed hereto or incorporated harbor by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejacted. I. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cancel make complete shipment Ira active on your promised delivery date in noted. lime is order essence. Delivery ad performance most be effected within the time surd an the purchase meet and the document attached hereto. No act of the Purchasers including, without limitation, acceptance of partial laic deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Podurnmer shall have, in addition n other legal and upormile remedies the option orphaning this oecrcluwhcre sal holding the Seller liable for damages. However, the Seller well not be liable for damages as a result of delays due an causes not reassembly foreseeable which are beyond in reasonable mntml real without it fault of negligence. such act of Goadact mf civil m milimry authorities,,,form adul prionties fires strikes, find, epidemics, wars or dots provided that notice of the conditions causing each delay, is given to the Purchaser within five (5) days of the time when the Seller fro received knowledge thereof. In the neon of any such delay, the date of delivery shall her extended for the period cgml a the lime mainly lair by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good', articles, materials and work caveml by this order will conform with applicable drawings, specification, samples aa&., mbar descriptions given, will be fit for the purposes intended, and performd with the highest degree of care and competence in accordance with accaptd standards for work of a -similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which We Purchaser may suffer or incur on account of the Sellers breach of watroar, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fault mining within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not o be unrawwrobly delayed), ¢salting from impeder, or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not tinder¢ a waiver of any claim under this warranty. Except as otherwise provided in this purchase Oder, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wrares" es or guarantees, but such liability shall in no event include loss of prift 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 terns by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The PurchasermJmrs may make any changes o the ta¢, other an legal re, including additions to or deletions from the quantities originally ordered in file specifications or dmwiap, by verbal or wrinen change order. If any such change aiimt the amount due or the time of performance hereunder, on arrest le adjustment shall he made. 6. TERNINAT1ONS. The Purchaser may al any lime by cannot change teed omdrate Nis agreement as to any or all portion of Nrt goods then not shipped, subject to any equitable adjustment between me pries as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of We goods ataVur work, fee incidental or canegmential damages, and Wet no such adjutmrnt be made in favor of the Sella with respem m any goods which are the Sellers sandard toaL No such attenuation shall relieve the Puahasa or ate Seller of any article obligations as to any Saws, delivered hcrearrda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be rand within thirty (30) days Imo the date the change or nomination, is oeered. 8. COMPLIANCE WITH LAW. The Seller warrant that all 6monst sold hereunder shall have been produced, sold, delivered and fannul d in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incugsomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all cast and damages suffered by the Purchaser as a result of the Sellers failure m cannily with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent of the Other pony. 10. TITLE. The Seller warrants full, clear and considered title to the Purchaser for all equipment, materials, and items Industrial in performance of this agreement, fire and clear of any and all lien, restrictions reservmior, mainly interest encumbrances and claims of others. II. NONWAIVER. Failure of the purchaser to insist upon move performance ofthe terms aced conditions hereof. failure or delay to exacke any rights or comedies provided herein ar by law, failure to promptly notify the Sella, Seller in far air of a breach. the acceptance of or payment for goods hatuoder or approsal of ibe deign, shall not release the Seller of any of Nc wammtties or obligations of this porchase order and shall tot be deemed a waiver crony right of the purchaser is, Insist upon strict performance hereofw any slits rights or rmtedles as to any such goods, regardless of who shipped, received or accepted, as to any prior or subseyumt default hereunder, am shall any purported am[ modification or rescission of this parches, order by the Pmchasn operate as a waiver of any of the tents hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumhuer recognize that in zctual economic practice, overehm,. resulting from antitrust violations are m fact Some by else Pmchaur. Theretofore, for good cause and as consideration for executing this ,arils. order, the Sella hereby assigns ro the Purchaer any and all claims it may now have or hareafier acquired abler federal or sure anuhuat laws for such overcharges relating to the particular good or services putchaud or acquired by the Purchaser promma in this purchase aid, 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming ar defective good by a date to he agreed upon by the Purchu,er and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may come the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs nsaiatd with such work. The Seller shall release the Purchaser and it contractors of my tier from all liability and claims Of any came revalue, from the pe,fic m mar OfsOeh work. I his release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. T he Seller's canuactual obligations, including warmnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be p affion rd by the Purchaser. 14. PATENTS. Whenever the Seller u yuired to use my design, device, mamrial or process covered by lettea patent, trademark or capyrighL the Seller stall ushoo ify and save harmless the Purchaser from any end all claims for infringement by ¢eon of the tau of was patented design, device, notarial or process in connection with the can,.,, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipmen, or any From thereof or We catenated] use of the good, is in such suit held to comtiture infringement and the are of said ry.ip..t or pan is adjoined, the Seller shall, at it awn expense and a1 it .pit.. either praue for the Purchaser the right to continue using said evuipmem or part, surface the tame with substantially equal but nouinfringing cq.,p., or modify it so it becomes... infringing. 15ANSOLVENCY. If the Seller shall become insolvent or baMrupt make an assignment for the benefit of creditors, appoint a conniver or maaee fin any of the Sellers property, or business, this order may foMwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of ordaw used or the mortification ofthe agreement and the rights craft panic hereunder shall In, onuted under and governed by the laws of Ne Sate of Colorado, USA. The following Additional Conditions apply only in acces where the Seller is m perform work hereunder, including the services M'Sailem Repreumtive(s), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony, oa said work at Seller's own risk unlit the same is fully completed and arterial, and shall, in case of any accident, destruction or injury to the work mi materials before Sellers full completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purcbner. When materials .ad equipment are famished by than for instillation or erection by the Seller, the Seller shall receive, unload, store anal handle same at the sire and become responsible therefor as though such materials an&., Imperial were being famished by the Seller coder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational divase benefit, n it employees employed oa or or connection with the work toward by this purchase order, ondor an their dependent in accordance with the laws of the sate in which the work is to be done. The Seller shall aim carry comprehensive general liability including, but not limited to, contractual ad automobile public liability insurance with bodily injury and death limits of at least S30Q000 for any one Penn, Swo,000 for any one accident and property damage limit per acidadt of S400,000. The Seller shall likewise enquire his ommenors. irony. to provide for such compewtion arm ceramics. @foe any ofthe Sellers or his contractors employees shall do any work upon file pranna of others, the Sella shall furnish the Purchaser with a cciificate that such compensation and insurance have been ptovaded Such certificates shall specify the data when such carropersatim and tors orl have been prmaded. Such certificates shall specify the date when such comps nsaioa and inurasca expires. The Seller agrees Wt such ascropeassation and inurance shall be maintained until after the entire work is completed srtd accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller batehy ass es the entire rev wasibiliry and liability for any ad ell damage, loss or injury of any kind or nature whatsoever to persmn or property wand by m resulting from the execution strike work pmvidd for in this purchase order or in cmmection herewith. The Seller will indemnify and hold hatmlas the Pmcbaser and any cr all of the Purchasers officers, agent and employees from and againt any and all claims, losses, damages, harges or expenses, whether direct or indirm, add whether to person or property to which the Purchaser may be par or subject by season of my act action, neglect, omission or default on the pan of thr Seller, any of his eomremors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought againt the Purchaser, or it officers, agent or employees at any time on account or by reason of any act, action, ocular, coalition or default of the Seller of any of his contractors or any of its or their officers, agent or employees in aforesaid file Seller hereby agrees to assume the defense thereof and no defend the same at the Sellers awn expense, to pay any and all cost, charges, attorneys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its Or their oiflcers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained again t the property ofthe Purchaser, or said parties in or as a result ofsuch suit 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 contractors shall take all safety precautions, famish and instill all guards necessary for the prevention of accident, comply with all laws and regulation with regard to safety including, but without lira utlon, the Occupational Safety and Health Act of 1920 and all rules and regulation issued pursuant thereto. Revised (Hal