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HomeMy WebLinkAbout113129 FORT COLLINS CONVENTION AND VISITORS BUREAU - PURCHASE ORDER - 9145142Fort Collins Date: 09/08/2014 PURCHASE ORDER Vendor: 113129 FORT COLLINS CONVENTION AND VISITORS BUREAU 19 OLD TOWN SQUARE #137 FORT COLLINS CO 80524 PO Number Page 9145142 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: 09/08/2014 Buyer: PAUL, GERRY Note: Line Description w""""`y UOM Unit Price exrenueu Ordered Price i 2014-2015 Welcome Center Grant 1 LOT LS 87,764.00 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 $87,764.00 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 exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 98-04502. Federal Excess, Tax Exemption Certifcak of Rcgimry 84-6000587 is nistered with the Collector of Internal R.enue, Denver, Col.& (Ref. Colorado Revised Stator. 1973. Chapter 39-26.114 Ad Goads Rejected. GOODS REJECTED due m failure To meet specifications, either when shipped or due or defects of damage in Inspirit may be returned to you for credit and are not to be replaced except upon receipt of within instructions from the City affair Collins. Impaction. GOODS are object to The City of Fon Collins inspection on active]. Final Acceptance. Receipt of the menim, services or equipment in rtsitmse to This order can assail in autrmord payment on the pan of the City of Fan Collins. However, it is to be understood Char FINAL ACCEPTANCE is dependent upon completion of of I applicable required inspection procedures. Freight Tomes. Shipments Thus, be, F.O.B., City of Fort Collins, LAI Wood St, Fog Collins, CO 80522, unless otherwise spmifed on this and, Upermission is gown to prepay fright and charge separately, the odgial freight bill mat accommnv invoice. Additional Thames for oaGm will nor be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc crude from greater distance. Permits. Sella shall procure at sellers sole cast all necrsvry permits. cenrtficaess and licenses required by all applicable laws, regulations, radiances and roles of the sate, municipality, territory or political subdivision where The work is Performed, or acquired by any other duly nominated public amhodry havingjurodictio s over the wool, of vendor. Seller further agrees to hold the City of Fort Collins hamdess from and against all liability and loss ed by them by reason of ter armed an established violation of any ouch laws, regulations, .,it ones, roles incurred ndrreymrements. Audrorimtion. All pant. to This contract agree that the representatives are, in fuel, bum fide and possess full and complete authority to bind said From, LIMITATION OF TERMS. This Purchase Order expressly limits mcepranre ro the corms and conditions sorted herein set forth and any supplementary or additional Terms and emphaiosa aaexed hereto or incorporated herein by reference. Any additional or different terms and condili... ... Imam by seller are objmfrd ro unit hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imprcdimely ifyou cannot Take complete shipment to arrive on your promised delivery dam as noted. Time is office essence. Delivery and performance mum be eHemed within the time stated on the Purchase order and The documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of paniul lure deliveries, shall operate as a waiver ofthis provision. In the ,at of any delay, the Purchaser shall have. in col luion or other legal and equitable rcmcdies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall or be liable far damages as er result of delays due to causes not reasonably fof.reable which are beyond its reasonable control and without is fault of negligence, such acts ofGod,.1 of civil or military malronti o, gov®mnenal program, fires, stakes, flood, epidemics, was or dots provided That boom of the conditions musing such delay is given as the Purchaser within five, (5) days of The time when the Seller first received knowledge thereof. In the event of any sock delay, the &In of delivery shall be extended fur he period equal to the time acmally lost by ream. of the delay. 3. WARRANTY. The Seller warrants Thal all goads, articles, coaled.], and work covered by This order will coof.. with applicable drawings, specifications, samples and/or orber, descng.. given, will be fit for The proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which The Purchaser may suffer or incur on account of the Sellers breach of warmnly. The Seller shall replace, repair or nuke good, without cost to The purchaser, any defect or faults arising within one (I) year or within such longer period of time as may be prexnbrvl by law or by the terms of any applicable womenry, provided by the Seller after the date of acceptance of the goods famished lescro der (acceptance root to be umcasoably delayed), Teething than imperfecr or defective work done or materials famished by the Seller. Acceptance or use of good, by The Pumhaer shall nor consulate a waiver of any claim under This warranty. Except as otherwise provided in This purchase order, The Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of rue foregoing warranties or guarantees, but such liabil fry shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILD Y OR OF FITNESS FOR PURPOSE SI [ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumbmer may make Changibs to legal hems by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges 1. the from, other than legal terms, including additions to or deletions from the aluminum originally ordered in me spar"O....us or dwinp, by optimal or written change order. If any such change alien the amour due or the time ofNrfarmance Forwarder, an equiable achumment shall be chide. 6. TERMINATIONS. The Purchaa may at any rime by written change order, Terminate this ngreemem as to any mall Nninm of The goods then not shipped, subject to any equitable adjustment between the parties as to any work or mrmria, then in progress provided that the Purchaser shall not be liable for any claims for anticipated limits on the uncompleted portion of the goods and/or work, for incidental or c ses aluemial damages, and That no such adjustment be made in favor of the Sella with respect o any goods which are The Sellers standard stock. No such rermiatirn shml relieve The Porchmer or the Seller ofany of Their oldiantianx a many goods delivered hereunder. 7. CLAIMS FOR ADJUST MENT. Any claim for adj troom must be asserted within thirty (30) days from the date the change or frnnimation is ordered. 8. COMPLIANCE WITH LAW. The Seller wmtanrs fact all goods sold hereunder shall have been produced sold, delivered and famished in strait compliance with all applicable laws and regulations an which the good are subject. The Seller shall execum and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required To be incorporated in agreements of this character arc hereby incorporated herein by 'his reference. The Seller agrees m indemnify and hold the Purchaser hamrless from all costs and drainages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, member, or convey this order, or any monies due or to become due hereunder without the prior women coment of the other parry. 10. TITLE. The Seller warrants full, clean and unrestricted title to The Purehuer for all equipment, memria,, and items fumished in perfpmome of this ag.mcnt f and If. of any and all lams, restrictions, f.matiom, security inTrnet encumbrances and claims of others. H.NONWAIVER. Failure of the Purchaser to insist upon strict performance of The terms and conditions hereof, failure or delay to Tiny m ny rights or remedies provided herein or by law, faits ne To promptly notify the Seller in the event of a breach, The aca,. ofor paymrnT far goods hereunder or approval of The design, shall fact release Ne Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofar any of its rights ar remedies a to any such goads, regardless of when shipped, received or accepted, a to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of This purchase order by the Purchaser operate as a waiver of any of the toms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller sad The Purchaser recognize that in acted comparrin pmetire, overcharges reselling from antitrust emiations are is fail home by the Purebser. Theretofore, for good cause and as consideration for executing this purchase ordeq the Seller hereby assigns to the Purchaser any and all claims it may now have ar hereafter acquired under federal or arum anhaver, laws for such overch arm, relating 1. The particular goods or services purchased or acquimd by the Purchaser pursuant to Raw purchase order 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Wife Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness To comply, the Purchaser may cause the work to by performed by the most expeditious mesa available to it, and the Seller shall pay all casts asocimed with such work_ TM Sella shall release the Purchaser am its cou rracrars of any tier from all liability and claims of any nautm resulting from the on ofmanw ofsuch work. This reform shall apply even in the even' of fault of negligence of the party released and shall extend to the directors, officers and employees of such pony. The Sallies conrmetal obligmiors, including wmmnty, shall nor be dwmed To be reduced, in any way, hecatse such work is Performed ar caused To be performed by we Purcbarr. 14. PATENTS. Whenever the Seller is required to use any design, device, m:nerhd or process red by began, Perm, trade mark or m,nghL the Salter shall indemnify and nave harmis the Purchaser from any unit all claims for infringement by reason of Ne use of such painted design, device, material or process in connecion with the crnlmeL and shall indemnify Ne Purchaser for any cast expense or damage which if may be obliged To Pay by reason of such inGngement at any time during the prosecution or offer the completion of the work. In case said equipment, or any an Thereof or The intended use of the goads, is in such soil held To consulate infringement and The use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser The right ,, continue using maid equipment or pans, replace the sane with substantially equal but noninffinging equipment, or maddy it ser it brcomes noninffing rig. 15. INSOLVENCY. If the Seller shill become insolvent or Trankmpt broke an usigmnem for Ne bereft of missing. aPNmt a receiver or Trustee for any of the Sellers pmpeoy or business, this order may forthwith be canceled by ThProvince,Puhae, without liability. 16, GOVERNING LAW. The definitions off. used or the interpretation of dre agreement and the rights ofall parties hereunder shill be comtrused under and governed by the laws of the Sam of Colorado, USA. The following Additional Conditions apply only in caul where The Seller is to perform work hereunder, including the services of Sellers Represenmtivabs), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall airy on said work at Settees own risk until the same is fully completed and accepted, and shall, in ease of any accident, dawction or injury to the work mrdfor satorials bef Sages final completion and acceptance, complete The work at Sellers owe expense and to The satisfaction of the Purchaser. When monads and equipment are famished by others for installation ar erection by The Seller. the Seller shall receive, unload, store and handle same at the site and beome responsible therefor a though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expeme, provide for the Nymmt of workers compensation, including aauilso l disease benefits, to its employees employed on or in connection word the work covered by This purchase order, amber to Their dependents in accordance with the laws of The sate in which the work is to be done. The Seller shall also carry comprehensive gratioul liability including, but not limited to, contractual and automobile public liabil try insurance with bodily injury and death limits of at least S300,000 for any one person, Mattoon for any one accident and property damage limit Par accident of Sand,", The Seller shall likewise require his contramon, if any, To provide for such compensation and immune, Before any of The Sellers or his contractors employees shall do any work upon The premises of others, the Seller shall famish The Purchaser with a re ifmm Thai such compensation and aromatic have been provided Such certificates shall specify The dam when such compensation and insurance M1ave been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, mnintainN until after The entire work is completed and accepted. 19. PROTECTION AGAINST ACCNENfS AND DAMAGES. The Seller hereby assumes the -tort responsibility and liability( any and all damage, loss or injury of any kind or amre whatsoever to persons or property wtuN by or resulting firm the execution offbe work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers omcen, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which he Purchaser may M put or subject by reason of any act, action, neglect, omission or default on The pan of the Seller, any of his contmeton, or any of The Sellers or contractors officers, agents or employees. In cue any suit or other proceeding shall be brought agnom the Purchaser, m its i ftiears, agents or employees at any time on re. ar by moron of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees a aforesaid, the Seller hereby opera to assume The defense thereof and to defend The same an Sellers own expense, to pay any and all costs, charges, anameys fees and other expenses, my and all judgmen¢ that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceeding, and in eau judgment or other lien he placed upon or obtained against the protxrry of fhe Purchaser, or said pri i. in or an a result of such suits or other proccomp, the Seller will at once cruse The same to be dissolved and duclum rd by giving bond or othcrwiu. The Seller and his contractors shall rake all safety prmautiona furnish and install all guards necessary for the Foregoing of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 072014