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HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9145571Fort Collins Date: 09/25/2014 Vendor: 518297 SLATE COMMUNICATIONS 425 W MULBERRY ST #205 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9145571 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 09/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Needs Assessment services PER PSA signed 9/24114 1 LOT LS PER PROFESSIONAL SERVICES AGREEMENT WITH SLATE COMMUNICATIONS FOR POUDRE RIVER LIBRARY DISTRICT SIGNED 9-24-14. 52Ylj �aAi i. 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.mm 8,955.00 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt firms state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600p587 is registered with the Collector of Failure of the purchaser m mot sn upon shin performance of the menu and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder or approval office design, shall not releae the Sella of Goes Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defcns of my of the warranties or obligations of this Purchase mder and shall not the dinned a waiver ofny right of the damage in transit, may In, o tamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon saint performance hereof or any of its rights or readies as to any such goods, regardless instructions from the City of Fort Collins Of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any promoted oral modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms Inspeclian. GOODS are subject to the City of Fon Callh. inspection on aolnul, hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST' CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undmtood Nat FINAL Seller and the Purch+w recognize that in actual mno is prazf e, overcharges acquiring from antlbmt ACCEPTANCE is dependent upon completion of all applicable required inspection paocedum. violations art in fact home by the purchni Themodfrm,foor good cause and m consideration for executing this rumbas, order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafer Freight 1'ems. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antiamt laws for such overch Irma miming to the particular goods or services otherwise sperified on this under. If permission is give. to prepay freight and charge separately, the origlwl freight purchased or acquired "a Purcbvm pursuant to this purchase order. bill must mcampany invoice. Additional charges for packing will not be, accepted. U.PURCHASERSPERFORMANCE OFSELLERS OBLIGATIONS. Shipment Distance. Weere manufacturers have disaibuti, point, us pans the hparvoice nt n rchverdirec.the Seller ec defective gtodsbyadate m bcagrede upon err deducted de needed fmm the nearest distribution point to destinazion, and excess freight will be ddund from Invoice wM1m and s ecorrectnnder indicates its Poodu Purchaser and indicates iu inability m unwillingness 10 comply, Orc Purchaser Purchaser s Seller, and Orc Sellerthereunderthe shipments are nude from granter distance. may cause the work to be performed by the mast expeditious means available m it, and the Seller shall pay all w most costs associvaeJ with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ceninn ares and licenw required all w laws, ordinances and rules of the state, municipality, temlory when political son or The Seller shall Ne Purchaser and its contractors of any her from all liability and claims of any lamre over the performed, re in jurisdiction thelosk the work is Serf need,rr required by any other duly the work i publicauthorityand Pere r esvlaing from the performance .finch ocork, TonsJmmd from vs, against all Iinblllry and lass vendor. Seller further agrees to bold the City of Fort Collins harmless against any incurred by Nem by reason or an asserted or established violation of any such laws regulmiom, ordiwnces, toles in This release shall apply even in the event of Taub of negligence of the patty ased releand shall extend 10 the and rtquiremenu. direct..,oflicm and employees ofsuch party. Authorization. All panics to this mmmct agree that the representatives are, in fact, bona fide and possess full and complete antlmr ly to bind said ponies. LIMITATION OF TERMS. This Purchase Order npmmly limits acceptance to the team and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto tar incorponited herein by reference. Any additional or different terns and conditions proposed by seller are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of fle esscme. Delivery and pert ante must M effected within the time stated an the purchase or and the documents attached happen. No acts of the Purchasers including, without limitation, acceptance pinpoint late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the Option Of placing this under elsewhere and holding the Seller liable for damages. However, the Seller shall am M liable for damages as a result of delays due to causes nor personably foreseeable which art beyond its reamwble control and without its fault of negligence, such acts official, acu of civil or military authorities, govemmental priorities, fires, strikes, hood, epidemics, wars or hots provided Nat notice of the conditions coming such delay is given to the Pumhver within five (5) days of the time when the Seller first received knowledge therm( In the event of any such delay, the dare of delivery shall be extended for the period .at to the time actually tos1 by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confmr with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with Re highest degree of care and competence in accordance with accepted stavJarrB for work of a auditor nawre. The Seller agrees to hold the purclever harmless (ram my loss, damage or expense which gee Purchaser may suffer or incur on account of the Sellers branch of warmnry. The Seller shall replace, repair or make gaud, without at to he purchase,, any defects or faults arising within one (1) year or within such longer period of time m maybe prescribed by law m by the terra of any applicable warrantyprovided by the Seller alter Ne data of acceptance of the goods famished hereunder (acceptance Out to M un.11,11 Miayd), resulting fiver imperf¢t or defective .,it done or mamdals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing.—whes at guamntces, but such liability shall in no event include loss ofpmfits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERNIS. The Purchaser may make changes 10legal mmm by wri.en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to rise ream, Other than legal temp, including additions to or deleiom from the 9vanahms ininamlly ordered in 1he apecibcamna Or drawings, by verbal or wroon chimer order. If any such change affects the.mocut due .,,he time of performance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purde ser may of any time by written change aria, mmdruv this agreement as to any or all portions of the good, then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress ponodd that the Purchaser shall nor be liable for any claims for anticipmd profits on the uncompleted portion ofthe goods and/or work, for incidental or crosequential damages, and that no such adjustment M made in favor of Ore Seller with respell to any psda which arc the Sellers standard stock. No such lamination shall relieve the Purchaser or Re Seller of any artistic obligations as to any gals delivered hereunder, T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msaned within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sect compliance with all applicable law, and regulations o which the goods are wbjme The Seller shall execute and deliver such documents as may M required to effect or evidence compliance. All laws and regulations required to be incorporated in optimum. m this character ma hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Functional harmless from all costs and damages sufl6reJ by she Purchaser as a result m the Sella filure no comply with such law. 9. ASSIGNMENT, Neither party shall next hrnsfe, or convey this order, or any monies due or to become due hereunder without the ,Our written ma.ent urge, other parry. 10. TITLE, The Seller wamums full, elm and uruestrined tide to fire Purchaser for all equipment, materials, and items fumuhed in performance of this agreement, firm mod clear of any and all them, reso-iniom, mammonism, security immsl encumbrances and claims ofother, The Seller's contractual obligations, including seartanry, shall not be deemed to be reduced, in any way, became such work is pert d or causdto be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, rmdervark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by moccom of Re me of such patented design, device, material or process in connection with the contract, and shall indemnify the Purehmer for any cast, expense or damage which it may M obliged to pay by reasrm of such infringement at any time during the prosemtion or after the completion of the work. In cose said equipment, ar any pan thereof or the intended me of the muds, is in such suit held m consliaate infringement and the me of said equipment Or part 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 pans, replace the same with substantially equal but non mfin,ing equipment, or modify it so it becomes roamfnnging. 15. INSOLVENCY. If the Seller sM1ml become insolvent or bankrupt, make as msignmenl far the benefit of creditors, appoint is receiver or trustee for any of the Sella property or business, this coda may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oflarmsand err the interpre tion fthe agreement and the rights ofall parries hereunder shall be construed under and governed by the laws i fthe State ofCafrado, USA. The following Additional Cambiums apply only in comes where the Seller is to perform weak hereunder, including the services of'Sellm Representative(s), on the premises afmhm. 17. SELLERS RESPONSIBILITY. The Seller an corny am said work a1 Salle, most risk if the same 6 fully compleed and aceeptd, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchase, When mmerials and oquipment are famished by others for installation or eection by the Seller, she Seller Shull receive, ummd, stole and handle same al the site and become responsible therefor res though such materials We, equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupotlonal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dtfi n lmr, in accordance with the laws of Re state in which the work is to M done. The Seller shall also carry comprehensive terrorist liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,M) for any one person, $500,000 for any one occident and property damage limit per accident Of S400,000, The Seller shall likewise require his comicancom. ifany, to provide fur such compensation and insurance. Before any of the Sellers err bh contractors employees shall do any wink upon the premises of others, the Seller shall famish fe Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and improper, have been provided. Such certificaet, shall specify the date when such compensation and iraboom expires. The Seller spaces lent such compensation and insurance shall M maintained will after the entire weak is completed and accepted. 19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES. The Seller family sssumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever m pmam or progeny caused by or resulting from the execution of the work provided fen in this purchase order or in emoreldi n hacwitb. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and agoirst any and all claims, loses, damages. Charges or expenses, whether direct or indirect, and whether to persons or property to which the reprover may be put or subject by reason of any act, action, neglect, omission or default on fire pan of the Seller, any of his contractors, or any of the Sellers or contractors office, agents or employees. In case any suit or other procedirip shall be brought against the Pu Manx, or its officers, agents or employees at any time on accounl or by now. of any act, action, neglect, omission or default or rise Seller of any of his contractors at any of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and I, defend the same a1 the Sellers own expense, to pay any and all emu, charges, attorneys fees and other expenses, any and all Program. that may M iorcttrred by or obmi d n,iml the Purchaser or any of its or their offcm, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said panics in or as a result ofsuch suits or other proceedings, the Seller will . once cause fed same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitntim, the Occupational Safety and Health An of 1970 and all rates and regulations issued pursuant thereto. Revised 01R014