HomeMy WebLinkAbout127454 JACOBS AUDIO LLC - PURCHASE ORDER - 9146995PO
PURCHASE ORDER 914699er Page
City, of 9146995 1of2
' `t( o ins This number must appear
V ` J on all invoices, packing
sli s and labels.
Date: 11/28/2014
Vendor: 127454
JACOBS AUDIO LLC
7742 BROCKWAY DR
BOULDER CO 80303
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 11/26/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Per quote 111714 dated 11/18/1
Power, bass, sub, and fill amp
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 LS
6,400.00
Total $6,400.00
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. COMMERCIALDEEAUti.
Tax exemptions. By statute tbe Ciry of Fan Collins is exempt f state and Imal taxes. Our Exemption NumM u
11. NONWAIVER.
98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-600058I is registered with be Collector of
Failure order Purchaser to insist upon shirt performance of OK team and conditions hereof, fail= or delay to
Internal Revenue, Denveq Coleman (Ref. Colorado Revised Statutes 1973, Chapter 39 26,114 (a).
exercise any rights car remedies provided herein or by law, failure to Pramll, notify the Seller in the evert of a
breach, the acceptance arm paymem fro grads haeender or eppmvat of the design, shall rot release the Sella of
Goode Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de( es of
any of the wamnties en obligations of this pmrchase order and shall not be deemed a waiver of any right of to
damage in tmmh, may be mumed to You for credit and are not to be replaced except upon receipt of wdnen
Purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City affair Collins.
of when shipped, received or accepted, as to my prior or subsequat default hereunder, nor shall any ptup seed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS an subjecuo the City of Fan Collins inspection oa arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services ar equipment w rtsporesse, to this aide, can resull in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the par of the City of Fan Collins. However, it u b be understood tear FINAL
Seller and the Purchaser recognize that in actual economicer practice, o charges resulting from antitrust
ACCEPTANCE is dependert upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Thereafter,fogood taus, and s consideration for executing this
purchase order, the Seller hereby assigns an the Purchaser any and all claims it may now have or hereafter
Freight Trans. Shipments most be F.O.B.. City of Fan Collins, 700 Wood St., Pon Collier, CO 80522, unless
acquired under federal in state antitrust laws for such overcharges relifing to be comicarlar goods or services
mhavriu specified as this order. Dram en.. is given 10 Prtpn, freight and charge separately, to original freight
purchased m acquired by the Purchaser parsuam to this purchase order.
bill most accompany brime . Additional charges fro packing will not be accepted
13. HASERdetsbePERFORMANCE FSELLERS OBLIGATIONS.
Shipment Dionth, When mnufazmrtrshave pmantwhat
ex.its variouspartsde the country,
fthe Fur tom dego0dabyadate to bepy,be agreed
Invoice
expend from the .from distribution point to distinction, and excess freight will be deducted from Invoice whrn
distintioni,had
andteSella,adtheSelerrecrnounendicategts Ianbythe
Purchaser end the Seller, and the SellerytharcuffinrPurchaser
Purr, its media,..or unwillingness m comply,
shipments are made from greater distance.
most c peades
ash
may cause Newark to ch performed by be most expeditious means available to it, and the Seller shall pay all
casts associatd with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, certifiestra and licemes required by all
applicable laws, regulations, ordinances end roles of to state, municipality, ,arirory or political subdivision where
the work is performed, or required by any other duly remained public authority having jurisdiction over the work
of vendor, Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinswas, toles
and va uiremen..
Aulhorimtion. All ponies b this contract agree that the representatives me, f fact, bore fide and possess full and
complete authority to birof said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits accepmace to the temp road conditions stated
herein set forth and any supplementary or additional terms a 1 conditions aonexed herem or incorporated herein by
reference. Any additional or diffavat,em. it condititions propmed by seller are objected to and hereby injected,
2. DELIVERY.
PLEASE ADVISE PURCHASBVG AGENT immWimely if you award male complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be a@curd within to time
stated on the purchase order and the documents attached hereto. No acts of be Purchasers including, without
underarm. ncceptancr afar l late deliveries, shall Wemie as a waiver offhis provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the effort of placing this order elsewhere
and holding the Seller liable for damages. However, to Seller shall not be liable for damages in a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such sets of God, acts of civil or military authorities, governmental priorities, fires, strikes, read, epidemia. wars or
riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
,,an when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be
cxrendad for the cried equal to the time actually last by reasen of the delay.
3. WARRANTY.
The Seller wenma the, all goods, articles, materials and week roared by this men will of.. with e,liable
drawings, speification, sample and/or other descriptions given, will be fit for tbe purposes intended, and
performed with to highest degree of care and comaremc in mandiance wit accepted standards for work of a
miler nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferair inem on account of the Sellers breach ofwaranry. The Seller shall replace, repair m make
Road, without cost to to purchaser, any defects or faults arising within one (1) year or within such longer Period of
time as may be prescribed by law or by the temp of any applicable warranty provided by to Sella after the date of
acceptance of the goods fm6hd hereunder (acceptance not to be umeam addy delayed), resulting from imperfect
or detective work done or materials f mishd by the Seller Acceptance or use of goods by the Purchaser shall not
coustimfe a waiver of any claim under this warranty. Except m otherwise provided in this porch.. mile,, the Sellers
liability hereunder shall extend to all damages pmximtely caused by the breach of any of the bantam, wartran,
or guarantees, but such liability shall in no event include loss of props or loss of ose. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser my make changes to legal term by carman change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes on be marts, other than legal terms, including additions to or deletions firm
to quantities originally ordered in the specifications or drawings, by venal or written change order If any such
change acts the amount due or to time ofa( onan hereunder, cenobite adjustment shall shall be made.
6. TERMINATIONS.
Th< Purchaser may at any time by written change order, terminate this agreement os to any or all portions of the
gnnds then rem shipped, subpar m any equitable adjustment between to parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
,action of the goods an&m weak, far ncidend o sequential damages and that no such adjustment be made in
favor of the Seller with respmt to any .pods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of any of their obligations in to any goods delivered hereunder.
T CLAIMS FOR AD3USTMENT.
Any claim for adjustment most be ysered within thins (30) days From to date to change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller wamats that all goads sold hereunder shall have been produced, sold, delivered aM fumuhd in strict
compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws ad regulations "aided to be
incorporated in agreements of this character an hereby incorporated herein by this reference. The Seller agates m
indemnify and hold to Purchaser harmless from all costs and damages suffered by the Purchaser as a =oil of to
Sellers failure to comply wit such law.
9. ASSIGNMENT.
Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written roman, of the ate, party.
10. TITLE.
The Sella warrants fill, clear and unrestricted title to be Purchase for all equipment, materials, arad item famished
in perfomence, of this agreement, face and clear of my and all It., resaic ums, recur itioos, aeeuriry interest
encarm ants and claim of others.
The Seller shall release the Purchaser and its roalmetors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
dirames, officers end employers ofiauh part'.
The Sellers contractual obligations, including cammty, shall not be domed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is rtquired to use any design, desire, material or process covered by letter, pm et, traderark
or copyright. the Seller shall indemnify anal sea harmless the Purchmer from any aad all claims for iafdngrmnt
by mown of the use of such infrared design desire, material or procss in connection with the roam s, and
shall indemnify the Purchase, for any cool, expe— or damage which it may ba obliged to Pay by reason of such
infringement err any time during the pro icuu n or mer the completion of the work. In case said equipment or
any pan thereof or to immoided use of the goods, is in such suit held to asunim a nomogram., and the use of
said rquipment or pan is enjoined, to 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
noninfringiag equipment, or modify it so it becomes naninGinging.
I S. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by be
Purchaser without liability.
I6. GOVERNING LAW.
The definitions of term turd or the interpretation offer agreement and the rights ofall parties bartender shall be
command under anal governed by the lows alum Stare of Colorado,USA.
The following Additional Candidates apply only in eases where the Sena is to perform work hereunder,
including the services of Sellers R,sarmative(s), oo the premiss ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Sellers awn risk until the same is Polly completed and accepted, and shall,
in ace of any accident, destruction or injury to to work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor no though such materials and/or equipment
were being Famished by the Sella under the order.
18. INSURANCE.
The Sella shall, nth has own expense, provide for the payment of worker compensation, including exacupatimal
disease Misfits, to its employees employed on or f r.metim with die work covered by this purchase order,
and/or ta their dryrndms in accordance with the laws of to state in which the work is to be done The Sella
shall also any comprehensive general liability including. bur rot limited m, contactual wad automobile Public
liability resonance with bodily injury and Beam lima. of at Ica, 5300,000 fro any one arson, S500,000 for any
ore secident end property damage limit Per accident of S4N.000. The Sella shall likewise ramire his
counters, if any, to provide for such rompersetion and insurance. Before any of the Sellers or his contractors
employes shall do any work upon the premiss of others, the Sella shall famish the Purchaserwith a anifirme
that such compensation and insurance have been provided. Such canifcares shall specify the date when such
compensation and inmmce have ban provided. Such certificates shall apeify to date when such mmpensmim
and imuranm expiry. The Seller agrees that such compensation and insurance shall be maintained until niter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury are, kind
or nature wha.rever 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 indemnify anal hold hamtless be Purchaser and any
m all of the Purchasers of fires, agents and employees tram and against say and all claims, least', damages,
charges or exPemei, whether divan or amount, and whether to perso w or propery, to which the Purchaser my
be put or subject by ^+<^n of any ac, action, neglect, omission m default on the part of the Seller, any of has
romracmrs, many of the Sellers or ronvacmrs officers, agents or employes. In ose my suit or other
farinaceous, shall be brought against be Purchaser, or its officers, agents m employees at my time an account or
by season of my act, action, region, omission err default of the Sella of any or his ..am. or my of its or
their affects, agents or employees ex aforesaid, to Sella hereby ii mas to sssame the defame chermf and to
defend the ram at the Sellers own expense, to pay any and all costs, charges, momeys fees and other expenses,
my and all jtdgmem that may be incurred by or obtained .gains, the Purchmer or any of its or chair affects,
agents or employees in such suits or other precedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in ca as a rea rt of such suits or other pracear, it ,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, fmish and install all gum& neesary for the prevention of
accidents, comply with all Taus and regulations with rapid to safety including, but without limitation, the
Occupational Safety and Health An of 1970 and all rules and regulations issued personal tern..
Revised 09R014