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HomeMy WebLinkAbout298197 COMCAST SPOTLIGHT - PURCHASE ORDER - 9140035 (2)City of �.For_t Collins Date: 06/20/2014 Vendor: 298197 COMCAST SPOTLIGHT DEPARTMENT 1161 DENVER CO 80256-0001 PURCHASE ORDER PO Number Page 9140035 1012 This number must appear on all invoices, packing slips 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 # 47534 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 tnvil�:r_1 -250.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Ikummmeir-aw Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By mature the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise To. Exemption Certificate of Registry 84-6eg10581 is regisreml with the Collector of Internal Revenue, Denver, Colorado (Rd: Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be femme to you for credit and are not to h replaced except upon receipt of wrinen instrundon, from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on mrivel. Final Acceptance. Receipt of the merchandise, services or equipmentresponse in to Nis order can result in aohns(aed payment on the pan of the City of Too Collins. However. it is to h rndmoOd bar FINAL ACCEPTANCE is dependent upon completion of all applicable falsified inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins,'!00 Wood Sr, Fan Callao, CO 80522, unless ohawse specified wr this order. If fa rissim u given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Parking will not bo accepted. Shipment Distance. Where tar—fincturm have distributing points in wrious puts of the country, shipment is expected form the thermal distribution point to distinction, and excess freight will be deducted from Invoice when shipments aR made how lumber distance. Pemtits. Sella shall proame a1 sellers sole cost all necessary permits, comficates and licenses natural by all applicable laws, regulations, ordinances and cola f.he sate, municipality, mmmry or political subdivision wherm the work is performed, or requiem by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller further of 1. hold be City of Fon Collins harmless from and a8aimt all liability and loss incurred by than by rearms of an assured or established violation of any such laws, rcgulmians, ordirmnex, ml,s and expromments. Authosiubion. All panics to this contec, agree hat the repsamonatives are, in fact, bons fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order apressly limits acceptance to the lams and conditions Stated herein set fonM1 and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or di@rem corms and conditions proposed by slier arc objected to end hereby jamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and pertbrmana must be effected within the time stated on the purchase order and the documents attached herein. No act of the Purchasers including, without limitation, acceptance oriental late de iva id, shall operate as a waiver of this provision. In the even, of any delay, the Purchnser shall have, in addition mother legal and equitable mmedies, 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 treasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, wts of civil or military anlharities, governmental priorities, fires, stakes, Clad, epidemics, wars or riots provided flint notice of the conditions causing such delay is given m the Purchaser within Eve (5) days of the lime when the Seller first received knowledge brood,, In the event of any such delay, the dote of delivery shall be extended for period wool to Jut time actually lost by micaan of the delay. t 3. WARRANTY. The Seller warms that all goads, articles, materials and work covered by this order will conforms with applicable drawing,, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and Performed with the bighxt degree of care and compeNnce in accordance with accepted standards for work of a milar nature, The Seller agrees to hold the purchaser wooless front any loss, damage or expense which he Purchaser may suffer or incur on recount of the Sellers breach Of warranty.'fh, Seller shall rcpluce, repair w make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the due of acceptance of the grads fumished hereunder (e aepuance not to be unreasonably delayed), resulting from imperfect or detective work Jove or materials Furnished by the Seller. Acceptance or use of goods by he Purchaser shall an constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wromirms or gawarems, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes', legal laws by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The PuaMser may make any changes to the move, other thin legal news, including additions to ar deletions fora the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change a@ens the amount due or the time ofperformaace hadmndeu an c usimble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, ournme le this agreement as to any or all poninm of the goads then not shipped, subject to any crumble adjustment between the Forms us to any work or ma dials then in Progress Provided but the Formosa shall not be liable for any claims for anticipated profits an the wcompletM portion of the goods andlor work, for incidental or mmequented damages, and that no such adjustment be made in tram, of the Seller with inspect many goods which are the Sellers standard slack. No such terinalion shall relieve the Purchma or the Sella affray of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adju Orman onus, be assmcd within thirty (30) days from the date the ,hang or sermib ion',is orderee. S. COMPLIANCE WITH LAW. The Seller warrants that all goods Sold hereunder shall lave been produced, Sold, delivered and garnished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute aid deliver such documents as may he remits to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chamcmr are hereby inempamted herein by this reference. The Sella agrees. to indemnify and hold the purchaer harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall nsSign, "who, or convey this odd, m any monies due or to became due hereunder without the prior wrinen consent ofthe other parry. I O. TITLE. The Sella warrants Sri, clear and unralrided title to he Formosa for all equipment materials, and items fumished in performance of this agreement, free and clear of any and all liars, marrictimrs, reservations, security inmrst encumbrances and claims of others. 11. NONWAIVER. Failure of the Porchuer to insist upon shut performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evert of a breach, the warplane of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wamantics or obligations of this purd sse order and shall not he deemed a waiver of any right of the purchaser m insist upon strict performance hereofor any of its rights or remedies as to any such gaols, regardless of what shipped, received or accepted as a any prior or subsequent default hereunder, nor shall any purported oral modification or rewisdon of this purchase order by the Purchaser operate ax a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual m no is practice, overcharges exulting tram antitrust violations are m fact Some by the Furchnsa. Theretofore, for good anus, mud as consideration for executing this purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter acquired under federal or same antitrust laws for such Overcharges relating to the paniculae goods or sawds purchased or acquired by the Purchaser pursuant to this purchase order. 13- PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comes muccnfra ming or defective goods by a date to he agreed upon by thc Pwchuer and She Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he Performed by the most expeditious mere available to it, and the Seller shall pay all costs associated wads such work. The Sella shall releae the Purchaser and its commcmrs of wy bier form all liability and claims of any nature resulting from the performance afsuch work. This Seldom, shall apply even in the event of fault of negligence of the pony release and shall extend to the dins m s, officers and employees afsuch parry. The Sellers command Obligations, including warranty, stall not be dame to be reduced, in any way, baste , such work is performed or cane to h performed by the Purchaser. 14. PATENTS. Whm. the Seller is required muse any design, device, nnmerial or process covered] by letter, Palau, tmdenurk or copyright, the Sella shall indemnify and save harmless the PurcM1oser from any and all claims for infringement by reason of the we of such ported design, device, material or process in connection with the romract. and shall indemnify the Purchaser for any cost, expense or damage which it may be oblige to pay by reason ofsuch Infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or any an thereof or the ram de us, of the goods, is in such suit held 10 coaalmm infringement and the use of said equipment or part is rjoined, the Seller shall, at its own expense and at its option, either procure for the Purchrow the right to continue using said equipment or parts, replace the Same with substantially equal but naninfringing equipment, or modify it so it becomes noninfsinging. 15. INSOLVENCY. If the Seller stall become insolvent w bankrupt, make an assignment for the benefit of creditors, appoint a rerdaw or torsme for any of the Sella, property w business, his order may forthwith be cuiveled by the Purchaserwithoul liability. 16. GOVERNING LAW. The definitions ar mrs used or the imawetiam, ofthe nomemwt and the rights wall punier hereunder shall be conwro,d under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform ours bacunda, including the services of Sellers Representutive(s), on he premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's awn risk until the same is fully completed and accepted, and shall in e of any accident, destruction or injury to the work andor materials before Sellers final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by olhas for imorilalion or actions by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor x though such materials and/or equipment were being fumished 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 benefits, to its employees employed on or in connection with the work covered by this purchase oNeq and'or to their dependents in accordance with the laws of she state in which the work is to be done. The Seller shall also carry comprehe s ve general liability including, bur not limited to, contractual and automobile public liability madance with bodily injury and &am limits of m least S300,000 for any one person, $50J." for any one accident mud property damage limit pa accident of S400,000. The Seller Shall likewise require his contractors, if any, to provide for such moor cresmiw and insurance. Before any of the Seller or his commcmrs employees shall do any work upon the premises of others, the Seller stall furnish the Purcbaa with a ccnificare Oat such comperum is, aad insurance have hen provided. Such ttnificma shall specify he dam when such compensations and insurance have been provided. Such certificates shall specify the date when Such compensation and imwance expires. The Sella agrees that such compensation and insurance shall be maintained until after he entire work is comPlced and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes be alire negarei niny and liability far any and all damage. loss or injury of., kind or wore whosoeverto passel¢ or property roused by or resulting form the execution of the work provided for in this purchase under or in formation herewith. The Seller will idmemnify and hold harmless be Purchasser and any r all of the Purchasers officers, agents ard employes form and against any and dl claims, lasses. damages, charges or experser, whether direct on indirect, and whether to persons or property to which he Purchaser may h put or subject by arson of any and, action negled. omission or default an he Pan of he Seller, any of his contractors, or any of he Sellers or commdors othcas, agents of employees. In dour any suit or other Proceedings shall he brought against he Purchaser, or its offices, agents or employers as any It= on account or by reason of any and, action, .,glen, omission ar default of the Seller of any of his com adors or any of its or heir officers, agents or employees as aforesaid. the Sella hereby agues to assume he deferxe hereof and to defend the Some are Sellers own experee, to pay any and all casts, charges, attorneys fees aad other expenses, any and all judgment, Rest may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmceeinge, road in case judgmatl or other lien be placed upon or mining against the pmpeny of the Purchaser, or Said parties in or as a result of such suits or other proceedings, the Sella will in once vase the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all Safety precautions, fumsh and immll all guard necessary for the prevention of accidents, comply with all haws and regulations with regard to sat ty including, but without limitation, the Occupational Safety and Health Ad of 1920 and all mles and regulmions issued pursuant thereto. Redact 032010