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HomeMy WebLinkAbout102584 COLORADOAN - PURCHASE ORDER - 9140185 (2)Fort Collins Date: 09/15/2014 PURCHASE ORDER PO Number Page 9140185 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 102584 Ship To: LINCOLN CENTER COLORADOAN CITY OF FORT COLLINS 1300 RIVERSIDE AVE 417 W MAGNOLIA FORT COLLINS CO 80524-4353 FORT COLLINS CO 80521 Delivery Date: 01/07/2014 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 Ordered Extended Price 2 Lincoln Center Advertising 1 LOT EA 6,000.00 Add additional funds req 48065 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 Total $6,000.00 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. COMMERCW. DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fimn stare and local macs. our Exemption Number a 11. NONWAIVER. 9g-04502. Federal Factor Tax Exemption Certificate of Registry M-6000587 is manfi N with We Collator of Fail. of the Purchaser to insist upon strict performance of the terms and conditions nano[ failure or delay to Intcmal Revenue, Denver, Colorado (Ref. Colorado Restart! Services 1973, Chapler 39.26, 114 (a). a ise any rights Or reedpro ies vided herein or by law, failure to promptly notify the Sella in the event of a ach, the acceptance ofor payment for gmod haeurMa or approval ofthe design, shall not release the Seller of brem Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall hall be deemed a waiver of any right of the damage in transit, may be remmd to you for credit and are not to be replaced except upon receipt of written Purchaser 10 insist upon strict perinnance hereofer any of its rights or remdles ® m any such So.&, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hercunde, nor shall any purported oral modification or rescission of this purchase order by the Purchase, operate as a waiver of any of be terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in expamc in this or can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller anal be Purchaser recognize that in trawl examine practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon complaion of all applicable required impaction procedures. violations are in fact From by the Puchmer. Theretofore, fur good copse ad as consideration for executing this purchase order, the Sella hereby assigns an the Purchaser any and all claims it may now have or hereafter Fbaigln Terms. Shipments mum he F.O.B., City of Fort Collins, 7M Wood St, Fon Collins, CO 50522, unless acquired under federal or state antitrust laws for such overcharges relating to the Particular good or services otherwise specified on this order. If pmnissimn is given to prepay freight and charge sepmtely, the original freight purchased or acquired by the Flambeau pursuant to this purchase order. bill must accompany hvhice. Additional clal (m packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest d¢oibution point to destination, and excess fire lil will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates to inability or unwillingness no comply. the Pumhasor shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Fahni¢ Seller shall immure at sellers sole cost all necessary perrob, rcnificams and limmors required by all applicable laws, regulations, ordinances and tales of the stoic, municipal try, mrlmry or political subdivision where the work is performed, or required by any other duly constitatad public authority having jurisdiction ma the work of vendor. Seller lumber agrees an hold the City of ran Collins harmless from and against all liability and loss incurred by them by reason of an asserted or esmbluhed violation of any such laws, regulations, minimum, rules and requiremenrs. Amhoriaatim. All panics to this mntrect agree Nat the repremnratii a am, in fact, balm fide And possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits aocepmntt 10 the corms ad conditions sated herein set foM and any supplementary or additional terms and conditions annexed hereto or uninformed herein by triturator. Any additional or different norms and condilions proposed by seller arc objccred or and hereby r jecau& 2. DELIVERY. PLEASE ADVISE PURCHASING AGI7NT immediately if you mount make complele shipment to arrive on your promised delivery d to as noted. Time is of the essence. Delivery and performance must be eflucted within the time slated on the purchase order and the documents artachd hereto. No ask of the Purchasers including, without limiration, acceptance of partial late deliveries, shall operate as a waiver Of this provision. In the event of any delay, the Purchaser sb91 have, in addition to Other legal and equitable remedies, the option of placing this order elsewhem and holding the Seller liable for damages. However, the Seiler shall nor be liable for damages ns a It of ddays due an camas not mumrmbly fore emble which am beyond its reaumhis coal ad Witham its fwlr of negligence, such pars of God, acts ofor,[ or military, sommities, govcsvmmtal pridties, Gres, suikes, Bol epidemies, wars m nots provided Out notice of the conditions causing such delay is given an the Purchaser within five (5) days of the time when the Seller f t received knowledge themof In the event of any such dl the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, anodes, materials and work covered by this order will conform with applicable drawings, specifications, samples larger other descriptions given, will be fit for the purposes 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 wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defeck or faults arising within one (1) year or within such longer period of time as my be presuibed by law or by the out ofaay applicable warrant' provided by the Seller after be date of acceptance of the goads provided! hereunder (arcepance not In her ttureasovably delayed), resulting fmm imperf act or defective work dome or wterbs furnished by the Seller. Acceptance or use of good by the Pucbacer shall not constitute a waiver official claim under this warrant'. Except as otherwise provided in this purclmse order, the Sellers liability hereunder shall errand to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss 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 legal terms by written change order 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, curer Than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or coastal by veNal or written change maker. If any such change affect, the amount due or the time of performance hemunder, an equitable adjustment shall he mile. 6. TERMINATIONS. The Purchaser may M my time by written change oMc, retmivme this agreement as to any or all portions of be good than not shipped, subject m any eg0itable adjustment larnmea the panic as to my work or materials then in progress provided than be Purchaser shall cot be liable for say claims for anticipated profits oa the wcompleted Portion of the goods ankor work, for incidental or consequential damages, and that no such adjustment be made in favor of qua Seller with respect to any goods which are the Sellers standard stock. No such tamdrmour shall relieve the Purchaser or the Seller of any ofdteir obligations m to any good delivered hereunder. T. CLAIMS FOR ADJUSTMEN"r. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Termination is ordered. I. COMPLIANCE WITH LAW. The Seller warranu thal all goods sold hereunder shall have been produced, sold, delivered pad famished in stnm complianee with all applicable laws mad regulations 1. which the goad . subjut. The Seller shall execute and deliver such documents as may be required to effect or evidence complexae. All lairs anal regulation required 1m be incoryonamd in agreemenk arras chmxtu w hereby incorporated herein by this bathe.. The Sella names, in indemnify and bald the Purchaser hanmless from ill costs and damgu suffer xi by the Purchaser as a baxult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or It) become due hereunder without the prior women corium of the other party. I O. TITLE. The Seller warrants full, clear and umeshicmd title to the Purchaser for all equipment, mteias, and items furnished in performance of this agreement, free and clear of any and all liens, mancriom, reservations, security interest enumbmnces and claims ofothers. The Seller shall release be Purchaser and its contractors of any tier from all liability and claims of any nature minting from the performance of such work. This balance shall apply even in the event of fault of negligence of the party released and shill extend 10 the diamm s. olEccrs and employees of such party. The Sellers covaaclual obligations, including wamenty, shall am be deemed to be induced, in any way, because such work is pedbrmed or roused to be pert turd by the Purchaser. 14. PATENTS. Whenever the Seller is required m use any design, device, material Or process covered by lane, patent, trademark or copyright, the Seller shall indemnify and once 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 contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after be completion of the work. In case said equipment, or any pan thereof or be intended use of the goods, is in such suit held to consumm inMngement and the use of said equipment or part is enjoined, the Seller shall, at its Own expense and at its option, either procure for the Purchaser be right to continue using said equipment or pans, replace the same with substantially artful but noninfringing equipment, or modify it se, it becomes noninGnging. I S. INSOLVENCY. If the Seller shall become insolvent or haNrmpt, rake an assignment for the benefit of creditors, appoint a or nustee for any of be Sellers Property, or business, this We, may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofremu used or the humanitarian ofthe agreement and the nghts of all panics hereunder shall be cOmuued under and gavemed by the laws of the Sate ofColorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the survival of Sellers Reptasenmtiva(s), on the premises ofa firs. 17. SELLERS RESPONSIBILITY. The Seller shall early on said work a1 Sellels own risk unlit the same is fully completed and accepted, and shall, in case of any accident, deswclion or injury to the work read/or maounds before Seller's final completion and mm,poince, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fitmishd by equals for installation or erection by the Seller, the Seller shall remove, uuload, a. and handle same or the site and become responsible therefor as tough such wtent is maker equipment wee, being famished by the Seller under the order. Ig INSURANCE. The Seiler shall, a1 his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive ground liability including, but not limited to, contractual and automobile public liabil'try insurance with bodily injury and death limits of at least SXXI M for any one person, SNXLEKI for any one accident and property, damage limit Per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and associates. Before any of the Sellers or his contractors employees shall do my work upon the premises ofolhers, be Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date tvhm such compensation and insurance have born provided Such cemficates shall specify the dale when such compere lion ad insurance expires. The Seller agrees that such compensation and hkumme shall h maintained unfil after the entire work is completed and accepted. in. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mr,ansibility and liability for uy and all damage, loss or injury of any kind or nature whakuever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold lurrnlms the Purchaser and any r all Of the Purchasers oRcers, an. ud employees from and against any and all claims, losses, damages, charges or expenses whether direct or indirect, and whether, an persons or property to which the Purchaser my be pm or subject by reason of any act, action, neglut, omission or default on the not of the Seller, soy of his contractors, or any of the Sellers or connotations officers, agents or employees. In case any suit or other proceediugs shall her brought against the Purchnser, or ik officers, agents or employees many time on account or by reason of any act, action, mglut, omission or default of the Seller of any of his contwton or any of its or their ofticm, agenk or employees ss trfmcaid, be Seller hereby agrees 10 assume the defense thereof and or defend fire same a1 be Sellers on expense, m pay any and all cock, charges, point fees ad other expenses, any and all judgments Nat my be incurred by or obtained against the Puchaxer or any of As or their oRicars, agents or employees in such suits or other proceedings, and w case judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said varies in or as a result of such miss or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bona or otherwise. The Seller and his contractors shall take all safety precautions, f mish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard f safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regularions issued pursoam therein. Revised 07C014