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HomeMy WebLinkAbout237530 COLORADO PRINTING OF COLORADO - PURCHASE ORDER - 3215048PO PURCHASE ORDER 321504er Page City. of 3215048 tofz t Collins Ins This number must appear v ` on all invoices, packing sli s and labels. Date: 01/05/2015 Vendor: 237530 COLOR PRO PRINTING OF COLORADO 2415 E MULBERRY SUITE 7 FORT COLLINS CO 80524 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual Blanket Order Printing 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.com 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 Terms and Conditions Page 2 of 2 1. COMMERCLM.DETAIIS. Tax exemptions. By awhile the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Catificme of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sututes 1973. Chapter 39-26, 114 (a). Goods Relarrd, GOODS REJECTED due m failure to coca specifications, either when shipped or due to defects of damage in hermit, may he regional to you for credit end are not to be replaced except upon receipt of wrinen armaments From the City of Fort Collins. Inspcctino. GOODS are subject in the City of Fon Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or ryuipmrnt in rspome m this order can result in authorized payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Term. Shipments must M F.O B., City of Pon Collins, 7W Wood St., Fort Collins, CO 80522, unless m1mrwise specified on this orde, lfpemrission is given to prepay freight and ease, separately, the crigiol freight bill moat accompany immim. Addifiml car aw for Parking will not be accepted Shipment Distance. Where mmuNmurers have distributing points in scrious parts of rise comnry, shipment is expected from the nearat distribution point to destination, and excess freight will In, deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permis, certificates end licences required by all applicable laws, regulations, ordinances and roles of the stare, municipality, territory or political subdivision where the work is performed, or raryired by my other duly comfituted public authority havingjurisdiction over the wank of vendor. Seller Turner ages m Mid the City of Fort Collins (alas from and against all liability and loss incurred by them by resssson arm asserted or aubluhul violation army such laws, regulations, oaioma, roles and requirements. Authomzrim. All ponies to this contract agree that the representatives are, in fact, berm fide and pmsess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms crd conditions stated herein set fond and any supplementary or additional tenses and conditions annexed hereto or incorporated herein by reference. Any additional or dlfermt terms and cortdioom proposed by seller are objected to wed hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipm rat to, arrive an your Promised delivery date ne noted. Time is of the essence. Delivery and perI.. most be effected within the time staled an the purchase oMer and the documents attached hereto. No act; of the Purchasers including, without limitatioq ecceptmce of partial Ire delivedn, shall operate m a waiver of this provision. In the event of cony delay, the Purchaser shall have, in addition to afar legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damage as a result of delays due W causes not reasonably foresreable which art beyond its reasonable control and without its fault of negligence, each ants afGmL sits of civil or miliury authorities, go.gicated priontics, foes, strikes, flood, epidemics, wars or nots provided that notice of dee crnditians causing such delay u given to Oe Punhaser within five (5) days of the time when the Sena first received knowledge derreaf. In the event of my such delayrise date of delivery shall be extended for the period equal m the time wholly Ion( by reason affirm delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work coverts by this order will conform with applicable dmwings, specifications, samples mdror other descriptions given, will be Et for the purpmce intended, and Performed with the highest degree of care and competence in mcordmce wife accepted standard for work of a similar mature. The Sella agrees to hold the purchaser, harmless from my loss, damage or expense which the Purchoser may surter or incur on account of den Seller breach of wa gam,. The Sella shall replace, repair or make glad. wirlrout cast to the pureMsor, my defers or fault arising within one (1) year or within such [eager period of time as may a proscribed by law or by the tams of my applicable warro y provided by the Seller after the date of mcepfmae of the goods fished M1ereurder (acceptance not to a umeawnaby delayed), ramang f impe flat or defective work done or materials fimishrd by rise Sella. Acceptance or gain of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchaw order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties c r guarantees, but such liability shall in no event include loss of profits err Ims oraw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FTD, ESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser gray make changes to legal terms by wrinm change oaer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal it., including additions to or deletions from the quantities originally ordered in the specifications or dmwings, by verbal or. wdnen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjiwtinmt shall a made. 6. TERMINATIONS. The Purchaser may at my sire by wooer change order, terminate this spaceman ss re any or all pnnions of the goods tan nor shipped, subject to my equitable adjuvmmt harem fee penis me in any work or attar ls then in propose provided than fa Purchaser shall trod be liable for any claims for mficipated pmOLs on the mcampleted portion of the goods smaller work, fro incidental or wince goo al damages, and that no such mijmtment bs made in favor orfe Sella with aspect an my good which art the Sellers standard stock. No such eemimtion shall relieve the PurrM1mer m the Seller of any oftheir obligations as to my goods delivered hermnder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty, (30) days from the date the change or lamination is ordered. 8. COMHP I CE WITH LAW. The Seller wamnu Nat all gnnd sold hereunder shall have been produced, sold, delivered and famished in snip ompliance with all applicable laws and regulations as which the goods arc subject. The Sella shall excerm and deliver such docummle we easy h required to effect err evidence ceenpliaucr. All taws and regulations required to be incoryooated in agreements of this character ere hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Taichung, hatmless from all costs and doin gs garland by the Puchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trmufer, or convey this or or my nannies due or m become due hereunder wifatut the prior wrinm exment of the order party. 10. TITLE. The Seller wamnts fill, clam and umarncaul title to the purchaser for 01 equipment, materials, and item fumuhrd in performance of this agreement, free and clear of my and all liens, restrictions, macesnions, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and comddoas hereof, failure or delay to exercise my rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach the acceptance of- poymem for goods hereunder or approval of Ng design, shall not release the Seller of my of the wamnit. or obligatimis of this purchase order and shall not a deemed a waiver of my right of the pmchsser In inset upon strict performance hereofor, my of its rights or remedies we to my such goods, regardless of whm shipped, raewed or accepted, as m my prior or subsequent default hncundcr, oar shall any purport coal modification or rescission of this purchase order by to Purchaser measure m a waiver of my of the teem hercor 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mtimvst violations arc in fast home by the Purchaser. Theretofore, for good cause and in consideration for examen, this purchase order, the Seller hereby aaaigne to the Furcbaser my and all claims it may now have Or hereafter sesryind under Regard or state antitrust laws far such ovarl arga relating to the particular good or services Purchased or "Weadi by the Purchaser purste m to this parehau oars. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser direces the Sella to corrart nfingmesg or defective goods by agate to a agreed upon by Ne Pumhaser and the Sella, and the Seller thereafter estimates its inability or unwillingness to comply, the Purchaser may raga the work to be performed by the most expeditions means available to it, and the Seller shall pay all cents msaimed with such work. The Seller shall release the Pumhsser and its cm bactogs of my tier firm all liability arm claims of my margin resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released arm shall extend a die directors, oRcess and employes ofsuch parry. The Sidles command obligations, including warrmry, shall not be domed to be ordered, in my way, became each work is pert rmrd or caused to be performed by the Pembina. 14. PATENTS. Whenever the Sella is required to use my design, device, material or promise covered by letter, Facet, trademark or copyright, the Sella shall indemnify and rove harmless the Purchaser from my and all claims fro infringement by remain of the use of such patented deign, device, material or process in recreation with me mndi arW shall indemnify the Pgichasm for my cost, expense or damage which it may be obliged m pay by reason ofsuch infringement at any time during the prosecution or after fie completion of the work. In cause said aryipmmt, or my pan thereof or the intended use of the goods, is in such good held to constitute infringement and the use of said equipment or part is rejoined, the Seller shall, at its own expense and a its option, either procure for the Purchaser the right m continue using said equipment or pans, replace Ne same with subamrially ryual but noninfnnging equipment, or modify it so it becomes noninfringiM. 15. INSOLVENCY. If the Sella shall become insolvent or bankeupt, make an gssigmnent fro the benefit of creditors, appoint a mociver or ousts for my of the Sellers propmy or bminas, this order my forthwith be cavreled by the Purchaser widmut liability. 16. GOVERNING LAW. The definitions of tenor used or the interpretation affirm agreement and the rights of all pmtis hereunder shall be construed under end governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in caves where the Seller u to Perform work heremAer, including the services ofSellm Representativd(s), ov We premiss of others. U. SELLERS RESPONSIBILITY. The Seller shall cam on said work a Sellers own risk until the sure is fully complated and comptrd, and shall, in case of my accident, dclmetion or injury to the work and/or monarch; before Sellers fatal completion and acceptance, complete the work at Sellds own expense and to the satisfaction of the Purchaser. When materials and equipment are f fished by others for installation Or erection by the Sella, the Seller shall receive, argued, stare and handle same at the site and become responsible therefor in though such materials and/or equipment was being famished by the Sella under the order. I S. INSURANCE. The Sella shall, at his own expense, provide for the payment of wohers mmpeartian, including occupational disease handling, to its employees employed on or in recreation wife Be, work covered by this purehxse oaer, andfor m lair depadmu in accordance with era laws of the surge in which the work is to be done. The Seller shall also mrry comprehensive grneml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S3W W for any one person, $500,000 for any accident and property damage limit per accident of S400,000. The Seller shall likewise rrnryire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premise of others, the Seller shall famish the Purchaser with is certificate that such compensation and managing, have been provided. Such ceni0mtes shall specify she date when such compensation and insurance have been provided Such cerificates shall sperify she daze when such compensation arto announce, expires. The Sella agrees Nat such compensation end insurance shall be amounted until after the entire work u romplaed and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability, for my and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution cribs work provided for in this purchase order or in connection herewith. The Seller will indemnify and held harmless ncc Purchaser and any r all of the Purchasers officers, agents mail employees roam and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by rrvson of my art mtiom neglect, omission at default on the not of the Seller, any of his contractors, or any of the Seller or contractors officers, agents or cmployena In rose my suit or other proceedings sell be brought element to Purchaser, or its officers, agents or employer at my time on mcocrt or by reason of my act, ration, gragled, omission or defult of the Sella of my of his contractors or my of its or their officers, agents or employees as aforesaid. the Seller hereby agree to assume the defense deereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, mong fees and other rxpemes, 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 suite or other proceedngs, and in ease judgment or other lien be placed upon or obtained against the property offer Purchases, or said parties in or m a msWf creme mile Or other Proceedings. the Sella will at once comm to sans to be dissolved and discharged by Biasing Mnd m otherwise. The Sella and his cmntrmims al take all rfay pacmtiom, fish and install all guard necessary for the Prevmtian of accidents, comply with ell laws end r,Wedom wide regard to safety including, but widsout Immediate, the Occupational Safety and Halth Act of 1970 and all roles and regulations issued purswml thereat. Revised 07rz014