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HomeMy WebLinkAbout481423 PEAK MEDIA INC - PURCHASE ORDER - 9143775PO PURCHASE ORDER 914377er Page City. of 9143775 1of2 ' `t/ olI I ns This number must appear V ` on all invoices, packing sli s and labels. Date: 07/03/2014 Vendor: 481423 Ship To: CITY MANAGER PEAK MEDIA INC CITY OF FORT COLLINS 1393 S INCA ST 300 LAPORTE AVE DENVER CO 80223-3405 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 07/02/2014 Buyer: ED BONNETTE Note: PER BID 7659 CABLE 14 CAMERAS AND ACCESSORIES TOTAL BID AWARD. ALL PRODUCTS HAVE A 1 YEAR LIMITED WARRANTY. Line Description Quantity UOM Unit Price Extended Ordered Price 1 PEG Equipment per Bid 7659 Total Bid Award 2 Credit for Trade -In Tricaster Broadcast S/N U1A117173902785 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 Mtell In 1 LOT EA 67,795.00 -3,148.25 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm Amended local taxes. Our Exemption Number is 98-04502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (her Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). Good Rejected. GOODS REJECTED due to failure to meet s,recifirmawas, either when shipped or due to defects of damage in transit, my be returned to you for credit and are not to he replaced except upon receipt of wrinen instructions from the City of Fan Collins. Inspection. GOODS art subject to the City of Fon Collins inspection on ainval Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authodud payment on the Pan of the Ciry of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freighl Tams. Shipments most be F.O.B., City of Fear Collins, 700 Wood St, ran Collins, CO 80522, unless mherwisr spniftod on this order. Ifpernrission is given to prepay freight and charge separably, the original freight bill must mcomwl invoice. Additional chances for oxkine will not be accented. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution Point to destination, aM excess freight will be cMuaed from Invoice when shipments are made form grwtcr diet.. Permits. Seller shall praure at sellers sole cost all nmessary pemrits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, rerritory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Porter vgmr. W hold the City of Fan Collins harmless form and against all liability and loss inermal by them by reason of an asserted or established viol.fum Of any such laws, regnbtions, ordinances, mles and requirements Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complex authority Ip bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foM and any supplementary or additional lams and camlitions ranged hereao or imorpnrated herein by reference. Any additional or differml terms and coeditions proposed by seller are objected m and hereby reject 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immMiately ifym carmen make complete shipment W arrive On your promised delivery date as acted. Time is of the essence. Delivery and Performance must be efleded within the time sm ed On the purchase order and the documents avached Imago. No acts of the P-dra ors includin, without limitation, acceptance Of partial late deliveries, shall Operate as a waiver of this provision. In the event crony delay, the Purcha a, shall have, in addition m other legal and equitable remedies, the option Of placing this Order elsewhere and holding the Seller liable for damegn. However, the Seller shall trot be liable far damges as a result of delays due to causes not reasowbly foreseeable which are beymcd its reasonable control and without its fault of negligeme, such acts of God, acts ofcivil or military authorities, govemmmtal priorities,, s, strikes, Band, epidemics, amrs or riots provided that notice cruse conditions causing such delay is given o the Pushier within five (5) days ofNe time when the Sever firsl received knowledge thereof. In the event of any such delay, the date of delivery shall be ,Mended fm the period equal to the time actually lost by reams of the delay. 3. WARRANTY. The Seller warmnis that all mads, michm. materials and work covered by this order will confirm with applicable drawings, specifications somples ardor other descriptions given, will be fit for the pmpnes intended, end performed with the highest degree of care and competence in aamrdance with accepted standard for work of a similar ruwre. The Seller agrees ro hold the purchaser countless from any loss, damagc or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goof, without cast to the purchases any defects or faults arising within one (1) year in within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the good modified hereunder (acceprane not to be umeasombly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or sex of good by the Puncheon shall or omrimte a waiver of any claim order this warranty. Except m otherwise provided in this purchase order, the Sellers liability heremder shall extend an all damages proximately caused by the breach Of any Of the foregoing .—It- or guarantees, but such liability shall in no event include Was if proms or lass Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L TERMS. The Purchaser may make changes to legal ores by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Push may make any changes to the arms, other than legal more, including additions to or deletions fmm the continue, originally ordered in We spscibcatiom to drawings, by vaWl or —fig, eNnge order. If any such change aRects the amount due or the time of gafcammce hereunder, on entombed adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any err all panio:ss of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the PurcLmr shall not be liable for any aaims for anticipated profits on the uncompleted ,onion Of the good andsor work, for incidental or consequential damages, and that no such adjustment be crude in favor of the Seller with respect to my good which are the Sellers standard stork. No such mrmin own shall relieve the purchaser or the Seller of any of then, obligations as to any goads delivered hereunder. ➢. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be asserted within dr, DOJ days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hervander shall have been produced, sold, delivered vad famished in strict compliance with all applicable laws and m mations to which the goods are subject. The Seller shall execute and deliver such documents a may be required to effect or evidence compliance. All laws and r,gulalimrs rryuinal to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless from all costs and daramges timmud by the Purchaser a a result of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey Ws order, or my monies due or to become due hereunder without the prior writer ronmt of the other pony. 10. TITLE. The Seller ..is full, clear and unrestricted title to the Purchaser far all clvipment materials, and items famished in performance of this agreement, free and them Of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I L NON WAIVER. Failure of the Purchaser to insist upon satin 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 event of a breach nor acceptance ofo, payment for good hereunder or vppmval of the design, shall n.I rclmse the Seller of airy ol'tire warranties or obligations of this purchase order and shal I not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as W any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser upgrade as a waiver of any of the term' hector. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogmu Ilm in mural economic practice, ovemhmges malting from annual violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby ensigns to the Purchaser my and all claims it may now have or hereafter mquircd under federal or state maiauv laws for such overcharges relating W the parocular'had, or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to mgen nonconforming or defective goads by a rate W be agmed upon by the Purchaser and rate Seller, and the Seller thereafter indicates its inability or unwillingness W comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all cuss, assmimed wran such work. The Seller shall release the Purchaser and its commcmn of any tier mum all liability and claims of any mmre ¢salting from the pedbag:ame, Of such work. This release shall apply even in the event of fault of negligence of the party releawd end shall extend Ira the directors, officers and employees Of vxh any. The Seller's contractual nihilistic., including warranty, shall not be deemed to be reduced, in any way, because such work is petbamnd or caused to he performed by the Purchaer. 14. PATENTS. NTenever the Seller is mryired Ip use any design, device, mmeial or process covered by lever, From, vsdemark or copyright, the Seller shall indemnify and move harmless the Purchaser fmm any and all claims for infringement 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 cast, expense or damage which it may lm obliged to pay by mamn of such infringanent al any time during the Proscemion or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such snit held W corogram infringement and the use Of said cqu pan al 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 parts, replace the same with substantially equal but mninfringing equipment, in modify it so it becomes noninfringing. 15. INSOLVENCY. If the Side, shall become insolvent to handicap, make m assignment far the bmefil of creditors, appoint a receiver or route, for any of the Sellers property or business. this order may foMwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions officious used err the interpretation of the agreement and the rights Of all parties hereunder shall he mmtmed under and g werned by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprem entive(s), on the premises ofaNers. 17. SELLERS RESPONSIBILITY. The Seller shall cagy on said work at Sellers own risk until the same is Polly completed soul accepted, and shall, acse of any ecadear, destruction or iajory to the work arVon materials before Sellers earl completion and ceptance,cacomplete rise work at Seneca own expense and to the satisfaction of the Parehaser. When mmeriats and equipment me famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible d emfor as though such materials and/or equipment were being lumished by the Seller under lho order 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compenatioo, including occupmiowl disease benefin, to its employees employed on or in connection with the work covered by this purchase order, andsor to their defenders in mcmdence with rise Loss of the some in which the work is to be done. The Seller shall also carry comprehensive general liability including, but and limited to, condectml and automobile public liability imam ire with bodily injury and death limits of at least 5300,000 for any one persmr, $500.000 for very one accident and pmpmy damage limit per accident of S400,000. The Seller shall likewise require his omracmrs, if any, to pmvide for such compensation and Occurrence. Before my of the Sellers at his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and inromarce base been provided. Such « ni0cmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees rho such compensation and insurance shall be maintained until veer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Seller hereby assumes the,mire responibild, and liability far on, and all damage, loss in injury army kind or nature whauceser to persons or property roused by or resulting form the eaccvrima of the work provided for in this purchase order or in connection herewith. The Seller will lateral and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims losses, damages, charges or expenses. whether direct or homes, and whether to persons or property, to which the Purchaser may be put or subject by reams of any 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 case any soil or other proceedings shall be brought against the Purchaser, or its Officers, agents or employees at any time on account or by reason Of any no, ration, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees u aforesaid, the Seller hereby agrees to assume the defense thereof and W defend the sane at the Sellers own expense, W pay any and all corm, charges, attorneys fees card other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other pmaedings, and in ease judgment or other lien M placed upon or obtained against the property ofNe Puahuer, or said parries in or as a moult ofsuch suits or other proceedings, the Seller will at once cams, the same to ho dissolved and discharged by giving bond or otherwise. The Seller and his criu m us. shall take all safely prmauaions, furnish and install all goads necemarty, for the pravealion of aceidenu, comply with all laws and regulation with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 end all miles and regulations issued pursuant thereto. Revised 03n(i