HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9147157Fort Collins
Date: 12/05/2014
PURCHASE ORDER
PO Number Page
9147157 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 518297
Ship To:
PDT ADMINISTRATION
SLATE COMMUNICATIONS
CITY OF FORT COLLINS
425 W MULBERRY ST #205
281 N. College
FORT COLLINS CO 80521
FORT COLLINS CO 80521
Delivery Date: 12/05/2014
Buyer:
ED BONNETTE
Note: PER PROFESSIONAL SERVICES WORK ORDER
AGREEMENT WITH
SLATE COMMUNICATIONS
AND WORK ORDER #1, ATTACHED.
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Communications Work
1 LOT
LS
10,050.00
for PDT Service Area
(req 48602)
z PDT Communications Assistance
1 LOT
EA
5,000.00
(req 48603)
3 PDT Communications Assistance
1 LOT
EA
3,000.00
(req 48605)
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.00m
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. COMMERCIALDEfAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt Imm suite and local taxes. Om Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenifcale of Registry 84-6000587 is registered with the Collector of
Crime of the Purchaser to insist upon sMd performance cribs terms and conditions hereof, failure or delay in
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtules 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 nor payment for goods hereunder nr approval oflhe design, shall not release the Seller of
Goads Rgected. GOODS REJECTED due to failure to ram specificafions, either when shipped or due to defects of
any of the warranties or obligations of Nis purchase order and shall vat be domed a waiver of any right of the
damage in umsih may be mtumed to you fire credit and art not m be replaced except upon receipt of written
Purchaser to insist upon strict performance hereof or any of its rights or rtmedies M In any such goals, regardless
interactions From the Ciry of Fort Collins.
of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any performed
oral modification err rescission of this purchase order by the Forebear mperme as a waiver of any of the terms
Intimation. GOODS are subject to the City effort Coeins inspection an arrival,
hereof.
Final Acceptance. Raeipt of the merchandise, services or equipment in response to this order can fault in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual ec is praclice, overcharges residing from antitrust
ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures.
violations are in fact home by the Purchaser. Themmfm , for good cause and M ameaderation or executing this
purchase order, the Sella hereby assigns to the Practicer any and all claims it may now have or hereafter
Freight Terms. Shipments must he F.O.B., City of Fan Collins, 7W Wood St., Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular girds or services
otherwise specified on this order. If Permission is given to prepay freight and r1mR, sepnralely, the original freight
purchased or acquired by the Purchaser pursuant to this'rearhoo wear.
bill must accompany invoice. Additional am,. fen puking will not be accepted.
Shipment Distance. Where manufacturers have dunibuting points in various ports of he country, shipment is
expected from the namea distribution Point to destination, and excess freight will be deducted f Invoire what
shipments are made tram greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, renifcam, and licenses required by all
applicable law regulations, ordinances and Coles of the state, municipality, minor, or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fort Collins harmless from am against all liability and lass
incurred by them by Masan of son asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Acclamation. All parties to this contract agree that the oprest ntatives ate, in fact, bona fide and possess full oral
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance Ica the terms and conditions scored
herein set forth and any supplemermry or additional moms and conditions annexed harem or incorporated herein by
reference. Any additional or dilTeren tams and conditions proposed by seller arc objected to and hereby ei jam).
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you carrot make mmplme shipment to arrive on your
promised delivery date as noted. Time is ofthe ¢sane. Delivery, am performance most be effe sed within the time,
shad) on the purchase order and the documents attached hereto. No rats of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate M a waiver ofthis pmvlslon. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages M a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and wihom its fault of negligence,
such acts of God, acts of eivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay u given to the Purchaser within five (5) days of the
time when the Seller first received krawledge thereof. In the event of any such delay, the date of delivery shot] he
extended for the penal equal to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, anicla, materials end work covered by this order will cons with applicable
drawings, specifications. samples and/or other deudplions given, will be fit for he purposes intended, and
purfoamed with the highest degree of care and competence in accordance with accepted standard for work of a
imilm ..rare. The Seller agrees to hold the punhaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty The Scller shall replace, repair or nuke
good, without cost to the purchaser, any &fi'm err faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by he Seller after the date of
mceptance of the grad famished hereunder (accptmnce Col m Is, uoreawnbly delayed), resulting from impart t
or defective work done or materials fmished by the Sella. Acceptance or use of goods by the Purchaser soill aura
constitute a waiver Of any claim under Be, wxrtenty. Except n mrawise provided In this purcbme maker, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any of the frce,mg wbmmies
or guaramaa but such liability shall in no event iniude buss ofporftts 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 terns by written change order.
S. CHANGES IN COMM ERC1AL TERMS.
The Pumbaser may make any changes to the terms, other than legal terms, including addition, to or delelions from
the quantities originally oNered in me specidwtions or drawings, by verbal or women change order. If any such
change affials the amount due or the time of perormance hereunder, an equitable adjostment shall be Made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable arbir meat between the parties as m any work to maraiaf then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the ameno,leral
portion of the good ardor wok, for incidental or impost mial damages, and that no such adjustment be made in
favor ofthe Seller with spat to any good which am he Sellers standard stack. No such transmission shall relieve
the Purchasm or the Seller army of heir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment man be awned within hisry (30) days from the date the change or lamination is
mijard.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gnwls sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulations to which the goods arc subjecl. The Sella shall execute and
deliver such documents M may be talcum to effect or evidence compliance. All laws and regWotiou required to he
morpomted in agtecments of his character are hereby incorporated herein by this reference The Seller agrees m
indemnify and hold the Purchaser hecrnless f all costs and damages suffered by the Porebaeer as a resalr of the
Sellers faihue to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tramfa, or convey this order, or any monies due or to became due hereunder without the
prior women consent of the other party.
ILTITLE.
The Seller woad as fan. clear and unrestricted title to the Purchaser for all equipment, materials. and items mmished
n perhournature
of this agreement, fro and clear of any and all liens, resWctims, feservamans, savory art..t
enctunbrancesand claims crashes.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs fire Seller to wfreer nonconforming or defstro, goods by a date to be agreed upon by the
Purchaser and he Seller, and the Seller hhereaeafter indicates its imbiliry or unwillingness to comply, he Purchaser
may cause the work m be performed by the most expeditious mess¢ available to it, and the Seller shall pay all
Costs associate) with such work.
The Seller shall release dre Purchaser vad its extermtors of coy tie form all liability and claims of any nature
resulting from the pamucnance ofsuch work.
This release shall apply even in the even of fault of negligence of the party released arm shall exceed to the
directors, aRcm cad employee ofsuch pony.
The Seller's contramuel obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performed or caused as be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, paem, rmdemark
r copyright, the Seller shall indemnify and save harri the Purchaser from any and all claims for infringement
by reason of the use of such patented dcaqu, device, material or process in connection with the conmeL and
shall indemnify the Pensioner for any cast, expense or damage which it may be obliged m pay by reason of such
infringement at any time during the pmsaution or a0er doe completion of the wok. In case said equipment, or
any pan thereof or the intended uu of the goods, is in such suit hid to covstimte inGngemem and the use of
said equipment or Wm is enjoined, the Seller shell, at its own expense and At its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the vine with substantially equal but
noninfringing equipment, or modify it so it becomes constituting.
15. INSOLVENCY.
If the Seller shall became insolvent or barkmpt, make an assignment for the benefit of creditors, appoint a
maser or trmcee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofmms used or fire intim rmaim ofthe agreement and the rights of all mania Immunder shall be
consamed under and governed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representalive(s), on the premiss archers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Settees awn risk until he same is fully completed and accepted. and shall,
in case of any accident, datmemn or injury to the work aedfur materials before Salle, fast completion mend
acceptance, ema plae fie weak re Sellers own expense and to the smisfanlon of the Purchaser. When materials
and equipment me furnished by when fen installation or erection by the Sella, the Seller shall receive, unload,
score and handle same at the site and become responsible therefor as hough such fromenals uadfor equipment
were being finished by the Seller under the under.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benc5s, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents m mcoakance coif the laws of the state in which the work is to be done. The Seller
shall also cant' comprehensive general liability including, bur not limited to, conmactuA and automobile public
liability iamance with bodily ormay aM OenN limits of at least Swo," for any one perwn, 5500,000 or any
are accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
corrosion, if any, to provide fen such mmperr Icon and insurance. Before my ofthe Sellers or his contractors
employees shall der any work upon the premises crochets, the Seller shall fumhh the Pumhuer with a certlficare
that such compensation and insurance have been provided. Such c rnficares shall specify the dam when such
compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall h maintained until after the
,.the work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby Ma. the more faFeasibility and liability far any am all damage, lass m injury ofany kind
r Memo whatwmxr to persons or property caused by or resulting form the execution ofhe work provided fen in
this purchase maker .,in cannalima herewith. The Seller will indemnify and hold bmmless the Purchase and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmpmy to which the Purchaser easy
he put or subject by reaon of any rat, action, neglect, omission or default on the pan of the Seller any of his
contractors, or any of he Sellers or contractors alfcas, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors many of its or
thew officers, agents or employees as aforesaid, he Seller hereby agrees m assume the defense thetmf and to
defend the vme m she Sellers own expense, to pay any and all emss, chugs, attmmeys fees and other expenses,
any and all judgmcros that may he incurred by or assumed agaimt he Pard uer or any of is or their officers,
agents or employees in such suits or other Proceedings, and in case judgment or other lien be placed upon or
obtained against he property ofhe Purchaser, or said Parties N or as a result of such Saba or other proceedings,
the Seller will at once cave the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulation with regard a safety including, but without limitation, the
Occupational Safety mW Health Act of 1970 and all Coles and regulations issued pursuant theme.
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