HomeMy WebLinkAbout549153 ROOT HOUSE STUDIO - PURCHASE ORDER - 9147488Fort Collins
Date: 12/18/2014
Vendor: 549153
ROOT HOUSE STUDIO
1877 BROADWAY #100
BOULDER CO 80302
PURCHASE ORDER
PO Number Page
9147488 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Video Development 1 LOT LS 5,000.00
PER PROPOSAL DATED 11-21-14
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
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from tote and local taxes. Our Exemption Number is
11. NONWAIVER.
98-0i502. Federal Excise Tax Exemption Certificate of Registry 84.600058I is registered with the Collector of
Failure of the purchaser to imist upon strict performance of the tram and conditions hereof, failure or delay to
Internal Revenue, favor, Colorado (Ref. Colorado Revised Stamtee 1973, Chapter 39-26, 114 (a).
exeaise any rights err remedies provided herein or by law, failure to promptly study the Sella in the even, of a
branch, the acceptance ofor payment for goods hereunder or appmsal of Hu design, shall trot release me Sell. of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, rimer when shipped or due to defects of
any of me warmnlies or obligations, of this purchase, order and shall not he dermal a waiver of any right of the
damage in hermit, may he returned to you for oedit and are not to be replaced except upon receipt of writrm
purchaser to insist upon strict pafsmar re herenfor any ofirs rights or mnWies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
coal ore ification or rescission of this purchase older by Ne Purchaer opem4 m a waiver of any of me It.
Inspection. GOODS are subject o me City ofFort Collins inspection on not
hereof.
Final Acceptance. Receipt of the merchandise, services or quipmen in .,me to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of me City of Too Collins. However, it is to he understood that FINAL
Seller and the Purchaser mrognin mat in actual economic Feature, overcharges resulting from emitmst
ACCEPI'ANCH is dependent upon completion of all applicable required inspection procedures
violations are in fact home by the Pandswer. Theretofore, for good cause and as consideration 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 must be F.O.B., City of Pon Collins, 700 Wood St, port Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order, lfpemrission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase oNer.
bill must accompany invoice. Additional charges for lucking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to dedication, and excess bright will be deducted from Invoice whim
shipments arc made from gremer distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, ttnificates and ]Is. required by all
applicable laws, regulation, urdinances end roles Pfthe state, mnicipiliry, armory or political subdivision where
me work is performed, or required by any other duly constituted public authority havingjurndie ion over me work
of vendor. Seller funher agrees to hold the City of Ton Collins hmmless from and against all liability and loss
neumad by them by reason of an asserted or established violation of any such laws, regulations, softeners, roles
and requirements.
Authoritarian. All panic to this concoct agree that the represurni ives ere, in fact, bow fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arrow and mndinora stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different ems and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your
promised delivery dme as noted. Time is of the essence. Delivery and pamrmnnce most be effaced within the time
stated on the purchuse order and the ducommu mached hereto. NO uts of the Pmeluuers including, without
limitation, acceptance Of ."a] lme deliveries, shall operate as a waiver of this provision. In the users of uny delay,
the Purchaser shall have, in addition to Omer legal and equitable remedies, the option of placing this oNer elsewhere
end holding the Seller liable for damages. Hawser, me Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such is of God, acts of civil or military aulhooies, gavernmemal prionties, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of me
time when the Seller first received knowledge thereof. In me event of any such delay, the date of delivery shall to
extended for the proud equal to the time actually lost by waon of the delay.
3. WARRANTY.
The Seller wmmnts Nat all goods, i melee. maten ds and work severed by this prier will c su fomr with applicable
drawings, specifications, samples and/or other descriptions given, will h fit for me purposes intended, and
performed with the highest degree of core and competitive in acrnrdance with accepted standards for work of a
similar mature. The Seller agrees to bold me purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on seem= of the Sellers breach of warmary. The Seller shall replm, repair or make
good, without cast to the pumhsseq any defects or faults arising within one (1) year or within such longer Frond of
time as may he pr.cnbed by law or by the terms of any applicable wamnry provided by the Seller after the dais of
acceptance of the goods famished] hereunder (acc Toome not to be, unreasonably delayed), resulting from Imperfect
or defective work done or materins fin-r shN by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this cements. Except as otherwise provided in this purchase order, me Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warannes
or gbro ntece. but such Mail iy shall in no event include loss of pmNs or lass 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 tenor by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Prawlee er may make any changes 10 the rearm, omer than legal rem¢, imluding adidniona to or deleriom Gom
the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such
change affects the amount due or me time ofperounew cc hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change maker, terminate this agreement as to may or all portions of she
goods then not shipped, subject to any equitable adjustment between the Ponies m many work or materials men in
pmFTes provided that the Purchaer shall not b, liable for any claims for anticipated profits m me uosempleded
Portion of the goods and/or work, for ncide ntal or constructions] damages and that on such adjustment be made i
favor ofhe Sella with respect to any good which an, me Sellers warlord stock. No such termination shall relieve
me Purchaser or the Seller trmy of their obligations to to any goods delivered hereunder.
I. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be Put within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE. WITH LAW.
The Seller winunts that all goods sold hereunder shall have been produced, sold, delivered and f mishal in stick
ompliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
air,ru cad in a,mearmu of his chromatic are hereby incoTomeed herein by this reference. The Sella agrees to
indemnify and hold the Purchmin harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Furry shall align, transfer, or convey this order, or any monies due or to become due hereunder wimaus the
I nor written exi of the ome, parry.
10. TITLE.
Thr Seller xartanu full, clear and umesr ical in, to the purchaser foe all equipment materials, and it. fiunished
in peeformaare, of this ogreenrent fees and clear of any and all liens, rtstriceiom, reservations, security interest
excumbrances end claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to coned nonconforming or defective grads by a date to b, agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by me most expeditious means available to it and the Seller shall pay all
costs msmiated with such work.
The Sell. shall release the Funkiest, and its conmdom of any her from all liability and claims of any moure
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party seemed and shall extend to me
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including wamnry, shall not be domed to be, reduced, in any way, bou m
such work is performed or wined to he performed by me Purchaser.
14. PATENTS.
Whenever the Seller is required to me any design, device, material or process covered by letter, patent, mdematk
or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement
by reason of the use Of such patented design, device, material or process in connection 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 case said equipment, or
any pan thereof Or the intended use of the goods, is in such suit held to coustiNte infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense end at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replacr the same with substantially equal but
nounfn'nging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of auditors, appoint a
receiver on trustee for any of me Sellers property or business, this order may forthwith be, canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms coal or me interpretation ofthe agreement cad the rights of all parries hereunder shall be
comorrad under and governed by Nc laws ofhe Sate ofCclondo. USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including Ne services of Seller Represumative s), as Ne premises ofothers.
19. SELLERS RESPONSIBILITY.
The Sella shall can, on said work at Sellers own risk until the same is fully completed am accepted, and shall,
in case of any accident, damnation or injury to else work and/or matmals before Sellers final completion and
acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment we fmisM1ed by others for installation or erection by the Sell., the Seller shall receive, unload,
store and handle same at the sire and become responsible therefor as though such materials anchor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expare, provide for the payment of worker compensation, including occupational
disease benefits, to irs employees employed on or in connection with due work covered by this purchase order,
and/or to their dependents in accordance wish the laws of the state in which me work is to he done. The Seller
shall also tarty comprehauive general liability including, hot not limited to, contractual and nummobile public
liability imumme with bodily injury and death limits of at least 53N M for my one person, S500,000 for my
Pre ccident and property damage limit per accident of "(s),000. The Sell. shall likewise require his
conmeton, if any, to provide for such compensation and imtmace. Before any of the Sellers or his contractions
employees &bull do toy work upon me premises of others, the Seller shall famish the Purchaser with a vindicate
that such compensation And insurance have been provided. Such cetificatm shall specify the date when such
compensation and insum en, have been provided. Such certificates shall specify the date when such compensation
and insurance expires The Sella agrees dust such compensation and insurance shall be nPismmed until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes thc entire rupomibiliy and liability for any and all damage, Ims or injury of any kind
or nature whatsoever to Favors or prolixity caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmles the Purchaser and any
r 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 property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission Or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors offcas, agents or employees. In case any suit or other
proceedings shall be brought against me Purchase, or its officers, agents of employees many time on account or
by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or
their olbcau. agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend me same at the Sellem own expense, to pay any and all casts, charges, attorneys I.s and other expenses,
any and all judgments that may be incurred by or obtained 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 be placed upon in
Planned against Ne property of me Purchase, or said parties in or as a result of such suits or other proceedings,
the Sell. will m once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his senrntors shall rake ell safety precautions, fiunish and install all guard necessary for flue prevention of
ttciclum, comply with all laws andl regulations with regard to safety includin& but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued Pursuout themo.
Revised 0IRO14