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HomeMy WebLinkAbout546058 DREAM WARRIOR GROUP INC - PURCHASE ORDER - 9147135PO PURCHASE ORDER 914713er Page City, of PURCHASE 47135 1012 Flirt Collins( This number must appear '�\V`, V " 1' on all invoices, packing sli s and labels. Date: 12/04/2014 Vendor: 546058 Ship To: LINCOLN CENTER DREAM WARRIOR GROUP INC CITY OF FORT COLLINS 19725 SHERMAN WAY # 385 417 W MAGNOLIA WINNETKA CA 91306 FORT COLLINS CO 80521 Delivery Date: 12/04/2014 Buyer: ED BONNETTE Note: PER SIGNED PROFESSIONAL SERVICES AGREEMENT WITH DREAM WARRIOR GROUP, INC. Line Description Quantity Ordered UOM Unit Price Extended Price 1 Website Redesign Implement 1 LOT LS 18,500.00 2 Monthly Support 2015 1 LOT LS 20,988.00 $1749 per month for 12 months 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 80X 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:pumhasing@fogov.com 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 Fort Collins is exempt from state and local Was. Our Exemption Number is 11. NON WAIVER. 98-0 502. Federal act,, Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure office Purchaer to must upon strict performance of the tenor and conditions hereof. failure or delay to Internal Revenue, Dcnvet Colorado (Ref. Colorado Revised Stamps 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify thr Seller in the event of. breach, the acceptmtt of or paym er for goods hertuMn or approval of the design, shall trot release tee Seller of Goods Reported. GOODS REJECTED due to failure to meet spmifaaaons, either when shipped or due so defects of my of th wamnties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be rammed to you for credit and we not to he replaced except upon receipt of wrinm purchaser to insist upon strict perfopmtt hers f err my of its rights or eemedirs as to any such pooh, regamlw, instructions form the City of Fort Collins, of when shipped, received or accepted, as to any prior or mutations default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the sums, Inspection. GOODS we subject to the City of Fort Collins inspection on arrival, hereof Final Acceptance. Receipt of the merchandise, samicas or equipment in mponse to Wis aides can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. auderiab d Payment oa the part of the City of Fiat Collim. However, it is to be understood that FINAL mtitr Seller and the Purchaser moisture III in actual ru no is practice, overcharges awaiting from ust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the purchaser. Theretofore, for good pure aM as consideration for excepting this purchase order, the Seller hereby assigns to she Purchaser any and all claims it may taw have or hereafter Freight Terms. Shipments must be F.O.D., City of Fart Collins, 700 Wood St., Fort Collins, CO 80522, unless natural it,, federal m son¢ prourst laws far such overcharges priming to she partial., gook or services Otherwise specified on his ordt. If pepission is at.... to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser pursuant to this purchase Omer. bill must accornow, invoice. Additional shames for catkins, will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected form the rrcarew distribution point to destination, and excess freight will he deducted form Invoice when shipments ere made from grater disunce. Pemtirs. Seller shall porctm al sellers sole cost all ricarmry permits, certificates and licenses tequirtd by all applicable laws, regulations, ordinances and tales of the sore, municipality, tariery or political subdivision where the work is performed, or required by any other duly constituted public authority havingjuruf iction over fie work of vendor. Seller further agrees to hold the City of Fort Collins huntress form and against all liability and loss ncurrM by them by ream. of an asserted or established violation of any such laws, regulations, ardisames, tales and requirements. Authorization. All parties in this measures agree that Nc representatives are, in fact, bona fide =it possess full and omplte authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the seems and conditions noted herein set forth and any supplementary or additional terms and conditions amexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller are objected nand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you a mar make complete shipments to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance mast be effected within the time stated on the purchase order =d the documents attached hereto. No acts of the Purchasers including without limitation, accepance ofpartial lute deliveries, shall opauto as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the pit of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a result of delays due to causes out seasonably foreseeable which are beyond its raawnable content won without its fault of negligence, such was of God, acts ofam or military authorities, governmental priorities, fires, media, flood, apidemis, wars or not, provided this notice of the conditions Dosing such delay is given to she Tambour within five (5) days of she time when the Seller first received knowledge thereof In the event of my such delay, she dam of delivery shall be extended for the period octal to she time actually lost by reason of she delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this offer will conform wish applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and performed with the hippest degree of ore =d ampe ctce, in acceptance wish accepted stantual for work of a similar nature. The Seller agrees to hold the pr mbmer harrnless from any loss, damage ., expense which the Purchaser may wither or roar on =count of the Sellers breach of xvmnty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by the terms of any applicable womanly provided by rue Sella after the date of acceptance of the goods Impractical hereunder (acceptance not to be unreasonably delayed), mantling from imperfect or defettive work done or materials famished by she Seller. Acceptance or use of goods by the Purchaser shall not omtimte a waiver of=y claim and, this wi pray. Except as omiswi=pmvited in this purchase order, the Sellers liability hereunder shall expand m all damages proximately orsed by the breach of cloy of Be foregoing wamntis or g tms, but such liability shall in no event include loss of porfirs 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 temp by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehaer may mike any cbngw so Ne term,, other thin legal neon,, including oddinons to or delnio w fern she quantities originally ordered in Be specificatiom or drawings, by verbal or written charge who If any such change affects the mount due or the time ofpempostane hereunder, an eluiable rodrsment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all passions of the goods then not shipped subject to any equitable adjustment between the panic as to any ..,it or mammals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of fe goods andror work, for incidental or consequential damages, and Nor no such adpwomens be made in favor of Ns, Sell" with support to my goods which for she Sellers satrda d stock. No such termination shall relieve fire Purchaser or the Seller ofany oftheir obligations m to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty Lift drys from she date the change or temrinalien is ordered. L COMPLIANCE WITH LAW. The Seller warrans that all goods sold hapsutder shut have been produced, sold, delivered and famished in strict compliance wish all applicable lawn and regulations to which she goods are subject. The Seller shall execute aM deliver such documents as may be required to effect or evidence compliance. All laws and regulations requircss to the incorporated in agreements of this character are hereby incorporated herein by this referme, The Seller agrees so indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law. _ 9. ASSIGNMENT. Neither Iscory shill assign, vansf , or convey this order, or my modes due or to become due M1neundw without the prior written commit of fire other Parry. 10. TITLE. The Seller warrants full, clear and unrestricted title in she Purchaser for all equipment mm ulds, and items furnished in pemomance of this agreement free and clew of my and all liens, restriction, reseevatiom, security interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If rise Pumhaur dints the Sella to correct nonconforming or defective goods by a dare m be agreed upon by the Pmchasm and fire Seller, and she Seller thereafter tndmar es its stability par unwillingness to comply, the Purchassim may cause rate work to be pcR ed by the most expeditious means available to it, =d the Seller shall pay all oasts wm mpul with such work. The Seller shall release the Purchaser and its constrains; of my tier form all liability and claims of any nature resulting from the performance ofsuch work. This rcleme shall apply even in the event of fault of negligence of she parry relewctl and shall extend to flaw directors, officers. =d employees ofsuch parry. The Sellers contractual obligations, including wermnry, shall not be deemW to be reduced, in my way, berause such work is performed or caused In be performed by the Purchaser 14. PATENTS. Whenever rise Seller is required to use any design, device, material or process covered by later, patent, trademark or Copyright the Sena shall Indemnify and save hmmless she Purchases Ira my and all claims for infringement by ream. of the use of such Patented design, device, tam most or process is amemon with the forrot aM shall irmemaiy rise Purchaser for my east expense or damage which it may be obliged 10 Pay by person of such infringement at my time during to prosecution or after rise completion of rate work. In case mid equipmant err any pan thereof or rue iatmded use of she grads, is in such suit held to costitute infringement and she use of said equipment or par is enjoined, the Seller shall, .l its own e,spoe and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace ,he same with substantially equal but noninfringing ocuipmmt or modify it so it becomes naninfringing. 15. INSOLVENCY. If she Sella shall became Insolvent or bankrupt make m assignment for the benefit of creditors, appoint a receive, or msam for my of fire Sellers pmpeny or business, this odor may forthwith be canceled by the Purchuer without liability. 16. GOVERNING LAW. The definitions options; used or rise insimretaion ofthe agreement and the rights of all penis hereunder shall be mowed under and governed by she laws ofthe State of Colorado, USA. The following Additional COmdifioas apply only in case,s where Us, Seller is to perform work heremda, including rue mrm'w of Sellers Represenafive(s), on the pranon ofodurs. 17. SELLERS RESPONSIBILITY. The Seller shall carry tin said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work author materials before Seller's fiml completion =d =cepmism, complete the .,it in Sellers own expose =d m she satisfaction of the Pmchasa. Wben mammals and equipmat are fmnuhed by o hers for installation ., atection by the Serer, the Sella shall bane, pdaa. ,tope and haMle same at the seta and become sax risible therefor res though such materials amm r ocwpmmt were being computed by fire Seller order she order. I It. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including Occupational disease benehts, to its employees employed on or in connection with the work covered by this purchase omen =tiler to their dependents in accordance wish the laws of fee state in which the work is to be dorm. The Seller shall also carry ampreberesive fenced liability including but nor limited wmmnctual end amarmbine public liability insurance with bodily injury and dath limits of at leas, $300.000 for any one person, 5500,000 for any one accident =d primary ry damage limit per accident of 5400,000. The Seller shall likewise require his come m ors, if any, to provide for such compensation =d inurance. Before any of the Sellers at his contractors employees shall do any work upon the premiss of piers, the Seller shall f mish the Purehmar with a radifiam that such compensation and insurance have been provided Such c umitus es shall specify the time when such compensation and imem=e have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agues that such coup,mosmion and humoroce shall i maintained tam after the entire ..,it s eamplaed and=caned. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire pesponsibility and liability far any and all damage, toss or injury of my kind or nature whatsoever b 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 and hold Impress the Purchaser end any r all of the Purchasers offirms, agents and employees form and against my and all claims, losses, damages, charges or expenses, whether direr or indirat, and whether to persons or propessy m which the Purchaser may be put or subject by reason of any act action, antitrust omission or default on the Ion of she Sella, any of has contractors, or my of fire Sellers or commutors officers, agents of employees. In case my suit or other proceedings shall be brought against the Furtherer, or its officers, agents Of emptoyas at my time oa=mm, or by Reopen of my not notion, neglrut omission or default of the Seller of my of his contraaan or my of its or their officers, agents or employees as ammmid, the Seller hereby agrees to assume rate defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, momeys f es and other expenses, any and all judgments that may be Incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other rim be placed upon or obtained againaf fire property of fie purchaser, or said parties in or s s a result of inch suits or other proceedings, she Seller will at ovca carve Ns, same to be dicwlved and discharged by giving bond or otherwise. The Seller=d his contractors shall Like all safety precautions, famish and tnsmll all guards norwsafy for the prevention of accidents, comply wits all laws and regulations with regard to m&ty including, but withom limitation, she Occupational Safety and Health Act of 1970 and all tales=d regulators issued pursuant thereto. Revised 07n014