HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9136054 (2)PO
PURCHASE ORDER 913605er Page
C1171 of PURCHASE
36054 1 of z
' `tCollins( This number must appear
` v on all invoices, packing
sli s and labels.
Date: 08/19/2014
Vendor: 518297
SLATE COMMUNICATIONS
425 W MULBERRY ST #205
FORT COLLINS CO 80521
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 11/07/2013 Buyer: ED BONNETTE
Note: PER CONTRACT WITH SLATE COMMUNICATIONS FOR 7551 TRANSFORT BRANDING
AND MARKETING SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 Addendum to PO #9136054
Per Change Order #2 attached
(req 47867)
1 LOT EA
PER CONTRACT WITH SLATE COMMUNICATIONS FOR 7551 TRANSFORT BRANDING
AND MARKETING SERVICES, CHANGE ORDER #2 DATED 8/18/14 (ATTACHED).
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
46,000.00
Pay terms net 30 days
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 exemption. By statute the City of Poor Collin is exempt from state and local taxes. Our Exemption Number is
9"5l Federal Excise Tax Exemption Cenifeme of Registry g4-6000587 is registered with the Collector of
Inmmal Revenue. Denver. Colorado Orcf. Colorado Revised Sutures 1973, Chapter 39-36, 114 (a).
Goods Rejected, GOODS REJECTED due to failure ro meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of women
incautious from the City of Fan Collins.
Inspection. GOODS are subject to the City of Pon Collin inspection on arrival.
Final Acceptance. Receipt of the merchandise, sc or equipment in respooe to this order can result in
hor autized payment oa the pan of the City of Fart Collins. However, it is to be understood Char FINAL
ACCEPTANCE is dependent upon completion craft applicable required inspection procedures.
Freight Terms. Shipments must be F.O.R, City of Tom Collins, I00 Wood SL, To" Collins, CO 80522, unless
otherwise specified ma this order. If permission is given to Prepay freight and charge separately, the anal freight
bill most accompany invoice. Additional charges for packing will not M accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nmtest distribution point to destination, and excess freight will M deducted from Invoice when
Shipments are made from greater distance.
Permit, Seller shell procure at sellers sole cost all necessary permits, centtiroes and licenses fimmoor by all
applicable laws, regulation, ordinances and rates of the sate, municipality, territory or political subdivision where
the work is performed, or required by any be, duly motr.ted public amhoriry having jurisdiction over the work
of sendm. Seller farrier agrees 10 hold the City of Fan Collin hntmless from tied against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulation, ordinnces, roles
am requirousi..
Ambotianion. All parties to this contract agree that the re irr eatatrva ate, in fair,, bona fide and possess full am
camplete authority to land said ponies.
LIMITATION OF TERMS. This Purchase Other expressly limits acceptance to the urns and condition sited
herein set root and any supplementary or additional teraa and conditions annexed hereto or incorporated beein by
reference. Any additional or differem terms wd conditions proposed by seller art objected to and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' imm thready Ifyou mount make conmicle shipment to arrive on your
promised delivery dale as noted 1 rare is argue essence. Delivery and performance most be effected within the time
scaled on the purchase order and the document touched hereto, No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall mm una waiver of Ibis provision. In the event efany 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. However, the Seller shall not M liable for damages as a result of delays
due to muses out brambly unnameable which are beyond its reasonable control and without it fault of negligence,
such ac, ofGol, rob armed or military autlwrilies, govemmenta prfonlies, fires, strikes, flood, epidemics, wars or
riot provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of fie
time when the Seller fin received knowledge thereof In the event of any such delay, the dam of delivery shall be,
extended for the period equal m the time acwlly lost by reason of the delay.
3. WARRANTY.
The Seller viumm. that all goads, anieln, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other descriptions given, will be rot for the purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted mindaNe for work of a
similar ramre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account argue Sellers breach of warranty. The Sella shall replace, repair ar make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may M presented by law or by the terms of any applicable warranty provided by the Seller after the data of
acceptance of the goods, Member hereunder (arceFoame not to be uarexsunably delayed), resulting from imperfect
or defective work done m mammals famished by the Seller. Acceptance or sae of goods by the Purchaser shall trot
constitute a waiver of any claim under this wmmnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all duark es proximately caused by the branch of any of the hamming war'mllia
or guarantee, but such liability shall in no event include lass of profit or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes to ley I lemrs by .,arm change aide.
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make any changes to the tense, other dun legal tens, including additions to or deletion from
the iftermures orrgrrally ordered in the specification or drawings, by veNat or written change order. If any scab
change officers the amount due or the time of pttformmce hereunder, an ecluiffilc adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any tine by waimm change oMe, mnainmu shin agreement n w any or all portion of the
goods then not shipped, subject to any equitable orju intent between the ponies as to any work or materials Nan in
progress provided Nat be Purchaser shall not he liable for any claims for anticipated pmfrs an the uncomplaed
ponion of the goods andm work, for incidental or concquential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stack. No such termhatioa shall relieve
the Purchaser or the Sella of any oftheir obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjntmeno must be asserted within thirty (30) days tram the date the change or termrmttian is
oNcred.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered am Murder in stria
compliance with all applicable laws am regulation to which the goods art subject. The Seller shall execute and
deliver such documents as may M reached to effect or evidence compliance. All laws Said regulmioo apparel to be
ttaorpomted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and Mid the Purchaser harmless from all cost and damages suffered by the Purchaser as is result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, puncher, or convey this order, or any worries due or to become due hereunder without the
prior women consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and uuresMcted title to the Purchaser for at I equipment, mamnals, and items fwnished
in performance of this agreement free and clear of any and all tiers, reductions, reservations, secunry interest
ancumbronces and claims of othhers.
11. NONWAIVER.
Failure of the purchaser to mist upon strict performance of the tins and comitron hereof. failure or delay to
examise any rights or temedres Provided herein or by law, failure to promptly notify the Sella in the event of a
breach the acceptance arm payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligation of this purchase order and shall not be electoral a waiver of any right of the
purchaser to insist upon strict performance hermfor any of its rights or remedies n to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modi rotation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hemcf.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller our the Purchase rmogaim that in ..al economre practice, overcharges resulting firs. antinumt
violation are in fact home by the Pumbzsum. Thera mfore, for good cause and as consideration for executing this
purchase outer, the Seller hereby assign to the Purchna my and all claims it nay now have or hereatler
acquired under federal or sure antitrust laws for such overcharges relating to the Particular goods or services;
purchased or acquired by the Purchaser pursuant w this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser three. the Seller m correct nonconforming to defective flood by a date to be .,am upon by the
Purchaser and the Selle, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be wi f rroc l by the ..it expeditious means available to it, and the Seller shall pay all
caws assimmed with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of tiny nacre
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees rsfs.rh pray.
The Sellers remonstrator obligation, including womanry, shall not M deenrcd to be reduced, in any sm, because
such work is performed or caused to he performed by the Purchaser.
14. PATENTS.
Whenever, the Seller is required to use any design, device, material m process covered by lever, patent, o-ademmk
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and col claims for inGngemem
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 reason of such
infringement at any time during the presecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the Soros, is in such suit held to consulate infringement and the use of
said equipment or prat is enjoined, the Seller shall, at its own expense and at its option, either procure far the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes countermanding.
15.INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
amener or trustee for any of the Sella property, or business, this under may foMwiN M mrraled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms red or the interpretation of the agreement and the right of all panics hereunder shall be
construed order and governed by the lows of the State ofColomde USA.
The following Additional Conditions apply only in aperform work the Seller is to pework hereunder,
including the services MSellers Re,mranlative(s), oa the premises of others.
10. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own ride it the same is fully man,leed am accepted, and shall;
nsc of any accident destmetion or injury to the work andbr materials before Sellers foal complerion and
veceptance, romplere the work at Sellers awn expense and to the satisfaction of the Purtluser. When marmot
and equipment are fumthor by others for instillation or erection by the Seller, the Seiler shall receive, unload,
store and handle same at the site and become responsible therefor n though such mmenals major component
were being famished 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 benefit, to its employees employed on or in connection with the work covered by this purchase order,
anjar to their dependents in accordance with the laws of the state in which the work is to lac done. The Seller
Shall also carry comprehensive general liability including, bar not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,00016r any one person, 5500,000 for any
e accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, w provide for such com,sencomion and common e. Before my of the Sellers m his contrdcturs
employees shall do any work upon the premise of others, the Seller shall fltmuh the Purchaser with a Oubliette
that such co.penWiern am insurance have been paraded. Such csuchfirs shall specify the dare when such
compeomion and romance have been provided. Such meruficates shall specify the dale when such compersation
and insurance expires. The Seller agrees thol such comperssmim and incstvance shall b, mainuined until after the
entire work is exapietm and acceptor.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the mum responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection recession. The Seller will indemnity and held 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, whether direct or indirect, and whether to person or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or commuters officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agent or employees at any time on account or
by reason of any act acto, neglat omission or defaWr of the Seller of any of his ronRactors or any of its or
their officers, agents m employees n afinif the Seller hereby agrees of assume the defense thereof and w
defend dam same at the Sellers own cspcmc. to pay any and all roars, chugs, attorneys fees and other expeoes,
any and all judgmmrs that may he incurred by or obtained against the purchaser or any of its or their officers,
agent or employees in such sort or other precemrngs, and m case judgment or other lien M placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other procemrny,
the Seller will at once cause the scone to be dissolved and discharged by giving bond or otherwise. The Seller and
his contmdors shall take all safety precautions, famish and instal all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safely and Health Act of 1970 mad all roles and regulation issued pummm thereto.
Revised OM014