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HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9147133of FOCity, Collins Date: 12/04/2014 Vendor: 518297 SLATE COMMUNICATIONS 425 W MULBERRY ST #205 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9147133 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY CLERK CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 12/04/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Per attached quote Election Marketing Services 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.wrn 1 LOT LS 10,000.00 Total $10,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Order Teens and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slide and local taxes. Our Exemption Number is 11. NONWAIVER 98-04503. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser stri tI insist upon ct perfomarce c f the terra and roMoi.. hereof, failure or delay to job—[ Revenue, Distort, Colorado (Be[ Colorado Raised Saruue 1973, Chapter 39-26,114 (a). exeaise any rights or remedies provided herein or by law, failure by pmmpdy notify the Seller in the event of a breach, the attptana ofee payment for goMs hereunder Or approval ardor design, shall not release the Sella of Good Rejected. GOODS REJECTED due to failure to meet spaifiainions, either when shipped or due to defects of aOY of the .'a. or obligation of this purchase order and shall not be, demmed a waiver of any right of the damage in mail, may he remoned to You for Fred. and are nut to be replaced except upon raeipt of wrinen purchaser OF mist upon scan performance harcorm any of irs rights For remedies as to any such gaud, regardless instructions from the City ofFmt Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and mMification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject to the City of Ten Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fort Collins. Ilom,er, it is to be understood Char FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser, Theretofore, for geed cause and m conidaration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be POD,, City of Ten Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or suite antitrust laws for such overcharges relating to the particular good or services otherwise specified oa this order. Ifpermission is given to prepay freight end charge separately, the oFigured freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill most accompany invoice. Additional charges for packing will not be acrptal. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactures have disuibming points in various pans of the country, shipment is If the Puchaer directs the Seller to round nonconforming or defective goads by a date to be agreed upon by the expelled from the nearest distribution point to destination, and excess fight will he deducted from Invoice when Parchment and the Sella, and the Sella ther after indicates its tnbtllry or mwillurposs in comply, the Purchaser shipments are made form greater disana. may rams, the work OF be Perfmmed by the most expeditions mean available to it and the Seller shall pay all evens Asssciaed with such work. Permiu. Sella shall prwane as sellers sole cost all ramemO, parries, ecnifwta and license, required by all applicable laws, regulations, entrance, and rates ofthe sum, municipality, territory or political sabdivision when the work is performed, or required by my other duly constituted public authority havione urisdinion aver the work of vendor. Seller further agrees to hold the City of Fort Collins hamless form and against all liability and loss rumored by them by reason an of assertm ed no ubiished violation of any such laws, regulations, ordinances, macs anrequirements. Awhorizarion. All parties 1. this contract agree Ihat the representatives are, in fact, bona fide and possess lull and complete authority to bind and parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stand herein set Penh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely if you cannot make complete shipment to arrive on your promised delivery date as Food. Time is of the cssmer. Delivery and performance must be effected within the Line stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, amrpmme of partial late deliveries, shall operant as a waiver of this provision. In the event of any delay, the Purchmer shall have, in addition to other legal and equitable remedies, the option of, lacing this order cluwherc and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to came, not rcesonbly foreseeable which are beyond its ..Me conml and without its fault of negligence, such acts of GM, arts of civil or military anthoriaes, govemmenml priorities, fires, stakes, food, ryidrmics, wets or mots provided that notice of the conditions causing such did ay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dare of delivery shall be exmaded for the Period equal m the time actaally lost by tease. arm, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will content with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwarranty. The Seller shall replace, repair or make good, without east to the purchaser, any defects or faults arising within one (1) year or within such longer Paris of time in may he prescribe by law or by the terra of any applicable wamnty provided by the Seller after the date of ace,amen of the good famished heremder (acceptance not to he wuesorably dalayed), resulting from imperfect or defective work done or matmak furnished by the Seller. Acceptance or use of goods by the Purchaser shall not connate a waiver ofany claim under this warrmly. Except a otherwise provided an this pureAase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing canaries or graranters. but such liability shall m no teem indMe loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terra by women change India. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal names, including additions to or deletions fmm the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change afeers the amount due or the time ofperPomnance hereunder, an equitable sjalmmt shall be madr. 6. TERMINATIONS. The Purchaser may at any time by written change nadir, terminate this agreement to, to any or all portions of the good then not shipped, subject to any equitable adjustment bewean the parties a to any work or materials then in progress provided that the Pumhaser shall not be liable for any claims for mticipad profits on the uncompleted portion ofthe goods and/or work, for incidental in consequential damages, and that no such Mjntmenn he made in favor order Sella with respect m any good which eta the Sellers standard stock. No such temdmtion shall relieve the Purchaser or the Seller ofany ftheir obf,m a as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for Mfork t mnt be sasmed within thin, (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereanda shall have ban produced sold delivered and frmishs in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such decuments as may be required to effect or evidence compliance. All laws and regulation tryuired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by rate Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall aasign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women cement of the other parry. 10. TITLE. The Sella warrants full, clear and unreserved title a the Puchaer for all equipment, materials, and items famished in perfamamc of this agrtemmt, free aM clear of any and all lira, vaninioas, reservation, security interest encumbrances and claims ofodters, The Sella shall release the Purchaser and its contractors of any tier frmn all liability and claims of any mature mulling from the performance ofsuch work. This o leae shall apply even in the event of fault of negligence of the party released and shall extend to the direcom, officers and employees ofsucb parry. The Seller's contractual obligations, including warranty, shall not be deemed to be rsuc d, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller e, required to use any design, device, material or process covered by later, parent, to demark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringment by reason of the use of such parented design, device, malarial or process in correction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In rase said equipment. or any pan thereof or the intended ose of the good, is in such suit held to constitute inGnprnent and the me of said rquipmmat or pan is enjoins, the Sri). shall, at its own expense and at its optic, either procure for the Purchaser the night n. continue to, said equipment Or parts, replace she some with scrommud), egnl but noninfringing ryuipmen . or edify it so it becomes noninfirmung. 15.INSOLVENCY. If the Seller shall become insolvent or barkmpr, make an assignment for the benefit of creditors, appoint is receiver or mance for my of the Sellers property or business, this order may foMwith he canceled by the Pmchoser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of ell parties hereandm shall be construed under aM govemed by the laws ofthe Soso of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenative(sk on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall cam an said work m Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are founded by others for instillation or erection by the Seller, the Seller shall rox ia, uabod, store and handle same at the site and become responsible therefor m though such materials and/or equipment weer being fiunished by the Sella under the other. IS. INSURANCE The Seller shall, at his own -pane, Provide far the poymrnt of workers compression n, including occupational disease benefits, to its employees employs on or in comretion with the work covered by this purchase order. andor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited as conrrenual and automobile public liability insurance with bodily injury and death limits of in least $300.00(1 for my one person, $SN,W for any one accident and property damage limit Per accident of $400.000. The Seller shall likewise require his contmetors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Parch— with a cenifcate that such compensation and insurance have been provided. Such cenificmes shall specify the dam when such compensation and insurance have ban provided Such cenificmes shall specify the dam when such compensation and insurance expires The Sella agrees that such compensation and insurance shall be maintained until after the atim work is completed and amland 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the retire net medbility and liability for any and all damage, lass or injury ofanY kind or mare wbatscever to persons or property aimed by or resulting fmm the creation ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify aM hold larrnlum the Purchaser and my r all of the purchasers officers, agents and ca Plo mes from cod against any and all claims, loses. damages. charges or expenses, whether direct Or indirect, and whether to persons at property to which the Purchaser may he put or subject by reason of my act, action, neglect, omission or default on the not ofthe Seller, my of his canmanors, IF any of the Sellers or ramrravwrs officers, agents IF employers. In case any .it or other proceedings shall he brought against the Pumbner, or its oBcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his conbanam or any of its or their offers, agents or employees as aforesaid, the Seller hereby We, m assume the deRne theater and Los defend the same at the Sellers awn expense, to pay any and all casts, charges, anomrys fees and other expenses, any and all judgments that may be incurred by or obtains against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property, of the Purchaser, or said parties in or as a result of rah suns in other proceedings, the Seller will at once cause the same no be, dissolved and discharge by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard naessmy for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thrrera. Revised 071'1014