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HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9136054 (3)Fort Collins Date: 09/11/2014 Vendor: 518297 SLATE COMMUNICATIONS 425 W MULBERRY ST #205 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9136054 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER 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 s Addendum to PO #9136054 1 LOT EA 5,135.49 Per Change Order #3 attached (req 48029) Total . $5,135.49 i'i �hV;P14 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 FARMt: a era x rrMMOM Page 2 of 2 1. COMMERCIAL DETAILS. Tax e&mpaions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 841s000589 is registered with the Collector of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in tranit, may be retuned to you for credit and are not to be rep and except upon receipt of "on maintain; from the City affair Collins. Inspection. GOODS am subject to the City of Fan Collins inspection an arrival. Final Acttpuncc. Receipt of the merchandise, smisex or equipment in response to Nis order wed it in authorized paymem on the Pan of do City of Fiat Collins. However, it is a h understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inpamon pmcedmes. Freight Terms. Shipments nun be F.O.B.. City of Fon Collin, Too Wand St., Fon Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany, invoice. Additional charges for packing will not be erection. Shipment Distance, Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution prim to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Per-ons. Seller shall procure at sellers sale cost ell necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the same, municipality, temtory or political subdivision where the work is performed, or required by any other duly nonsaimed public sulharry having jurisdiction over the work of wanar. Seeder lusher agrees to hold the City of Pon Collins harmless fmm and against all Lability and loss ed by than by reason of ire asserted or emabllsbed violation of any such lows, regulations, ordinances, talc incurred oorrequirements. Authorimtion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority 1a bind said parties. LIMITATION OF IERMS. This Purchase Order expressly limits acceptance to the terms and conditions with herein set forth and any supplemcuury or additional tents and conditions annexed herein or incorporated herein by reference. Any additional or di@real terms and mnditwns propose by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cammt make Implem shipment to wive on your Promised delivery doe as noted. Time is of the essence. Delivery sad permarman e, rent be effected within the time anted oa the purchase other and the classrooms couched hereto. No acts of the Purchners incitation& without limitation, acceptance of pwat.] late deliveries, shall operai, an a waiver of this pmsisian In Ne ,at of any delay, the Purchaser shall lave, in addition to other legal and equitable remedies, Ne option of placing Nis order elsewhere and holding the Seller liable for damages. However, the Sella stall not be liable for damages as a mull of delays due to causes not reasonably foreseeable which are Beyond its reasonable control and without its fault of negligence such aces ml acts ofcivil or military authorities, governmental prioni s, fires, sakes, Rood, epidemics, wars or was pravided that notice of the conditions causing such delay is given to the Purchner within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay. life date of delivery stall be extended for the pened equal to the time wa ally lost by crown ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, Will be fit for life purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar aamr,. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchner may suffer or incur on account ofthe Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cost to the purchaser, any dcfecrs or faults arising within one (1) year or within rush Lager period of time at may be prescribed by law or by the terms crony applicable wartanry provided by the Seller after the dam of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting loom imperfect or defective work done or materials famished by the Seller. Acceptance or use of grinds by the Purchner shall a.t onitittl e a waiver of ony 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 crony ofthe foregoing warranties or guarantees, but such liability shall in no even, include loss of profits or I.,a 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 kept moots by warden change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teams, other than legal tams, including additions 1. or deletion from she pr milies originally ordered in the specification or drawings, by verbal or women change order. If any such change affects the amount due or the lime of performance hereunder. an equitable adjustmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by wximen change other, remdate this agreement as 1. any or all ponions of th, goods then not shipped, subject to any equitable adjustment Between the parties as to any work or materials then in Forgot provided that the Purchaser shall not be liable fur any claims for anticipated prefix on the uncompleted portion of ere good andi r wad:, for residential or consequential damages and that an such adjustmem be made in favor afire, Seller with respect to any goads which are the Seeders suvdaN stock. No such mrmialum shall relieve th, Purchaser or the Sella of., of their obligation as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most W anened within Nifty (30) days from the doe the change or mrmirvmbn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants door all good sold hereunder stint have been produced, sold, delivered and famished in stria omplience with all applicable lass and regulation to which the goods are subject The Seller shall execute and deliver such documents in may be required to effect or evidentt compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated M1erein by this reference. The Seller officer to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser n a result of the Sellers failure 1. comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to Mime due hereunder wilbam the prior written consent of the other parry. 10, TITLE. The Seller warrants full, clear and armstddcd title to the Purehasef fur all equipment, materials, and items Furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest encumbrances and claims of others. II. NONWAIVER. Failure of the Purchaser to insist upon comet performance of the tens am crnditiou hereof, failure or delay to camailic any rights or medies provided herein or by law, failure to promptly notify the Seller in the event of a brm each the acceptance ofm payment for goods hereunder or approval ofNe design, shall not relent, the Seller of any of the waatanties on obligations of this pm ]woo order and shall not Its, deemul a waiver of any right of Nc purchaser to insist upon alrin tier( suer berm( or any of its righsor mnNiesu bony such good,regardless of when shipped, received or arracT ed. as to any Prior or subsequent default himaMer, nor shall any propofted oral modification or rearrests. of Nis purchase order by the Purchaser memo, ss a waives of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser remgm,ee that in acted m.m e practice, warmo ng. resulting fmm -It., violation ore in fact same by file Purchaser. Theretofore for good came, and[ as consideration for executing this purchase order, the Seller hereby assign to file Purchaser any and all claims it may now have or hereafter acquired under federal or same antitrust laws for such overcharges relating in the Particular goods or services purchased or acquired by the Purchaser pursuanuo Otis purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumoaser directs the Seller to correct nonconforming or defective goad by a date to be agree 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 be Perforated by the most expeditions means available to it, and the Seller shall pay all casts associated win such work. The Seller shall release the I'umhaser and its comments of any tier from all liabil try and claims of any nature resulting from the performance of such work. I'his release shall apply even in the event of fault of negligence of the parry relcnn and shall extend to the directors, officers and xrmloyees of such party. The Seller's contractual obligations, including warranty, shall not be deems to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. is. PATENTS. Whenever the Seller is required to use any design, device, material or process toucan by letter, patent, trademark or cupyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contmm, art 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 ptascemion or after like completion of the work. In esse said eulpment, or any Pon theeof or the intended use of the goods, 6 in such suit held to matitute infringement and the use of said equipment or pen is enjoins, the Seller shall, at its own expense and at its option, either procure fur the Purchaser dr, right to continue using said equipment or pans, replace the more with substantially equal but ...infringing euipment, m madiry it w d becomes naninfft fli IS. INSOLVENCY. If the Seller shall become insolvent or banktupq make an assignment far the bcneft of creditors, appoint a receiver or truce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser William liability. 16. GOVERNING LAW. The definition oftemts next or the inmryretation ofthe agreement and tho rights of all Parties hereunder shall be conlmed under and imer med by the laws ofthe Scum of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represin stree(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or antennas barren, Shcrea Still completion and cttptnnce, complete the work al Seller's own expense and to the satisf efion of the Purchaser. When mounds and equipment are banished by others for intallation or erection by the Seller, the Seller shall receive, unload, stare and handle same as the site and became responsible therefor as though such materials and/or equipment were being burnished by the Seller under the order. 18, INSURANCE, The Seller shall, at his rum 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 order. torpor to their dependent in accordance with the laws of the sum in which the work is to be done. The Seller shall also carry comprehensive gene.] liability including, but not limited to, comraclnal and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and pmpmy damage limit per accident of 540gINp. The Seller shall likewise require his comracmrs, if any, as provide for such compenance. and instant. Before any of the Sell. or his contactors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a wi ificam the such compensation and insurance have been provided. Such ceni0emn shall specify the date when such compensation and insurance have been presided. Such ttnificmn shall specify life date when such compesation and insurance expires. The Seller not tom such compeaafion and insurance stall be awassilnd anti] after the emire work is completed and accepted. 19. PROTECFION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire m penibiliry and liability fur any and all damage, lets or injury of any kind or nature whatsoever b person or property caured by We resulting most the execution ofthe, work Provided for in this purchase aide, or in coaeeman herewith. The Seller will indemnify and field bamden One Purchaser and any r all of the Purchasers ofbccrs, me. and employers from and against any and all claims, fosse , damages, charges or expenses, whether direct or indirect, aM whether to Farmers or property to which the Purchner may b, pat it, subject by now. of any act, action, imi .missi.n or default on the pan of One Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit of other proceedings shall be brought option the Purchase or it officers, agmt or employees at any time oa accmml or by mown of any act, action, neglect, omission or default of the Seller of my of his contractors or any, of it or their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense to pay any and all cost, charges, mmmeys fees and other expenses, any and all judgments 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 proceedings, and in case judgment or other lien be placed upon or obtained .,.last the property of the Purchne, or said parties in or as a mash of such am. of mher proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety premotitin, famish and install all guard necessary for the prevention 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 rules and regulation issued pursuantthereon. Revised O73014