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HomeMy WebLinkAbout474202 FORT COLLINS DIGITAL WOWRKSHOP LLC - PURCHASE ORDER - 9133439PO PURCHASE ORDER 913343er Page C117/ of PURCHASE 33439 t of z ' `} Collins/ This number must appear V " on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 474202 FORT COLLINS DIGITAL WORKSHOP LLC 324 REMINGTON ST SUITE 130 FORT COLLINS CO 80521 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 07/02/2013 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 Extended Ordered Price 4 Addendum to PO# 9133439 Additional Funds Per Req # 48443, added to pay Invoice # 1248 dated 10/7/2014. 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 1 LOT EA 15,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIALDEfA1L5. Tax exemptions. By made the City of Fort Collins 6 exempt from sure anti local taxes. Our Exemption Number is 98-04502. Peters] Excise Tax Exemption Crtifcate of Registry 84-6000587 is registered with the Callawr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sooner 1993, Chapter 39-26. 114 (a). Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of damage in brnsit, may be returned to you for credit and are not to be replaced except upon receipt of women instructions from the City of Fart Collins. Inspection. GOODS are subject to the City of Pan Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or equipment in responee to this order can result in authorized payment on the pan of the City of Tom Collins. However, it is to the understood that FINAL ACCEPTANCE is dependent upon completion of all applicable rquid inspection procedures. Freight Terms. Shipments must be F.O.B., City of Pon Collins, 700 Wood St., Fort Collins, CO 80522, unless othervdse specified on this Oder. If permission is given in prepay freight and charge separately, the original freight bill most ..,a, wvomce Addirunad charges far packing will sat be accepted. Shipment Distance. Where manufumpers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dminanion, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure nt sellers sole cast all necessary permits, cemifcams and licenses required by all applicable laws, regulation, omina ors and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees In hold the City of Fair Collins harmless from and against all liability and loss Traded by them by reason of an asseeed or esubl¢hed violation of any such laws, regulations, ofdimnces, roles and nadir mess. Audmrization. All parim to this contract agree that the representatives are, in fact, Farm fide and possess full and omplae apdonW to boom said parties. LIMITATION OF TERMS. This Puchae Order expressly limits acceptance to the terns and conditions statW herein set tomb and any supplementary or additional tents and conditions annexed heem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejad. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immalund, ifyau cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance Omar be infected within the time stated on the purchase order and the documents attached heew. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries shall opemte as a waiver of this provision. In the event of any delay, the Pufhase, shall have, in addition to ocher legal and equitable mnedia, the option of placing Nis coder elsewhere and holding the Seller liable for damages. However, hie Seller shall not be liable for damages as a result of delays due m muses not reasonably f enable which are beyond its grata Bible control and without its fault of negligence, such acts of Gad, acts afcivil or military authoririrs, governmental priorities, fires strikes, Bond, crideMcs, wars m rims provided that none of the conditions causing such delay is given to the Purchases within five (5) days of the time who the Seller fast received knowledge thereof. In the runt of any such delay, the date of delivery shall be extended far the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will to 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 wore. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrenry. The Seller shall replace, repair or make good, without cast o the purchaser, any de( is or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wumanty Provided by the Seller after the date of acceptance of the good famished hereunder (acepti nce not to be unreasonably delayed), ranking from imp s at or defective work done or materials fumis6ed by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waranry. Except as otherwise provided in this farmhouse order. the Sellers liability hereunder shall attend an all damagm proximamly caused by the breach of any of the foregoing warrant. or guaranties but such liability shall in no evens include Ims 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 temu by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make piny changes to the terms, other than legal terms, including additions to or deletions form the quannitics originally ordered in to sprei fications or drawings, by verbal or wcriten change order. If any such change of ts the amount due or the time ofperformance harander, an expandable adjuster shall be Oxide. 6. TERMINATIONS. The Purchaser may at any time by written change card, ermiwte this agreement a to any or all portions of the goods then not shipped, subject to any equitable adjustment benseen the Fortis as b any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplend portion of the good mdor work, for incidental or emuequential domagra, and that no such adjustment be made in favor of the Seller with respect in any good which art the Sellers di ndmd stock. No such randuci ion shall relieve the Purchaser or the Seller of any of their obligations a to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be avoided within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants for all goad sold hereunder shall hive been produced, sold, delivered and famished Or stria compliance with all applicable laws and regulations to which the goods art snbjat The Sella shall execute and deliver such documents as may be requited In effect or evidence compliance. All laws and regulations carried to br incorporated in agreements of this character are hereby incorporated herein by this ref nce. The Sella agrees w indemnify and hold she Purchaser hooters from all toss and damages suffered by the Purhaa as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey, this coda, Or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE, The Seller warrants till, clear and uncestided title to the Purchaser for all equipment, materials, am items furnished n perfomane of this agreement, free and clear of any and all liens, reatridions, reservations, security interest encumbrances and claims of others. 11. NON WANER. Failure of the Purchaser to insist upon strict performance of the morns all conditions hereof, failure or delay, w cammise any rights or remedies Provided hcrtin or by law, failure to promptly rwtify the Seller in the event of a breach the acceptance of or Payment for goods hereunder or approval afthe design, shall not release the Sella of any of the wamandies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchma w insist upon strict performance bereofor any of its rights or remedies a to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the corms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser amogaire that in actual a aa is practice, overcharges resulting from ticaut violations are in fact boor by the Purchaser. Thererofore, forgood cause and as consideration fro uxeenfing this purchase order, the Sella hereby acsigm ro the Purchaser any and all claims it may row have or hereafa acquired under federel or spite antitrust laws for such overshot, relating to the particular good or sences purchased or squid by the Purchaser pursuant to Nis pombase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to comet nonconforming or defective goads by a date in be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Pumhaser may cause the work to Is, performed by the most expeditious means available to it, and the Seller shall pay all costs msociited with such work. The Seller shall release Me Purchaser and its canuactors of any vier farm al I liability and claims of any xiore resulting from the pedbmun« ofsuch work. This release shill apply even in the event of fault of negligence of the party released ell shall extend to the duration, officers and employees of such party. The Sellers continental obligations, including wamany, shall act be decided to be deduced, in any way, because such work is performed or cauud to be performed by the Producer. 14, PATENTS. Whenever the Seller is mluid to use any design, devie, material or proms, covered by leneq parent, trademark r copyright, the Seller shall indemnify and save hamtless the Purchaser from any and all claims for infringement by rearm of the use of such patented design, device, material or process in connection with the contract, and ahnll indemnify the Purchaser for any cost, expense ar damage which a may be obllgal m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute 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 to common, using said equipment or parts, replan, the same with substantially egnal but noninfringing aquipown, or modify it sat it becomes coninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bmukmpl, make an auignmem for the benefit of cediwrs, appoint a madiver or trusts for any of the Sellers propery or business, this order may forthwith be canceled by the purchiva without liability. 16. GOVERNING LAW. The definitions of tents used or the interpredation ofthe agreement and the rights oral] parties hereunder shall be construed under and governed by the laws of thr State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hireunder, including the services of Sellers Represendative(s), on the premises oforbar. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit the come is filly completed and accepted, xvd shall, au of any accident, destruction or injury to the work .Nor materials before Sellers food complaioO and acceptance, complete she work at Sellers own expense all to the satisfaction of de Purchaser. Wheat matenah and exiuipmrnt are furnished by others for installation or section by the Sella, the Seller shill receive, unload store and handle same at the site and became 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 expense, provide for the payment of workers compensation, including occupational disease benefits, m it, employees employed on or in connection with the work coved by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is wed done. The Seller shall also tarty comprehensive general liability including, but not limited in, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,0e0 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise respire his caatraaors, it any, to provide nor such compensation and insurance. Before any of the Sellers or his ..to. employes shall do any work upon the premises of others, she Seller shill f ish the Purchomr with is ertifnate that such confirmation and insurance have been provided Such anifucates shall specify the date when such compensation and insurance have been provided. Such cenifcatrs shall speciy the date when such rompemmion Will insurance expires. The Sella agrees that such comastratio , and insurance shall he mainmid until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any r all of the Purchasers oBiers, agents and employes from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpemy to which the Purchaser may be pm or subject by eaten of any act, action, neglect, omission or defult on the part of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employes. In care any suit or otha proceedings shill to brought against the Purchaser, or its olEcers, agents or employes at any time ov account an by reasan of any act, acti m. neglm, omission or default of the Seller of any of his contactors or any of is Or their otTcers, agents or employees as aforesaid, the Sella hereby agrees to assume the defame thereof and to defend hie same at the Sellers own <xperse, to pay any and all casts, charges, eromeya fees all other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents or ernplayets 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 parries in or as a result ofsuch suits or other proceedings, the Seller will at can cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Tomah and install all guards necessary for the prevention of incidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Heam Act of 1970 and all roles and regulaions issued pursuant thereto. Revised O7Q014