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HomeMy WebLinkAbout114212 KUNC FM 91.5 - PURCHASE ORDER - 9150161of Fort Collins Date: 01/12/2015 Vendor: 114212 KUNC FM 91.5 c/o ROBERT LEJA 1901 56TH AVE, STE 200 GREELEY CO 80634-2950 PURCHASE ORDER PO Number Page 9150161 7of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 01/09/2015 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 Lincoln Center Advertising 2015 Blanket Order 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.conn 1 LOT LS 12,000.00 _ 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 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Pon Collin is exempt from sure and local tarn. Our Exemption Number, is I L NON WAIVER. 98A4502. Federal Excise Tax Exemption Caificzm of Registry 846000587 is registered with the Collector of Failure of the purchaser r0 ins¢t mane arma perfomutme of dm noun end conditions hereof, failar, or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Samres 1993, Chapter 39-26, 1 M (a), exercise any rights or readies provided herein or bylaw, failure to promptly notify the Sc11m in the event of a breach, the acceptance of or payment for goods hereunder in approval ofthe design, aha11 not release the Seller of Gads Related. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be droned a waiver of my right of the damage in transit, may be reamed m you for credit and are not to be replaced except upon receipt of written purchaser to most upon strict performance hereof or any of its rights or remedies m to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, n to any prior Or subsequent default hereunder, nor shall any puryaned oral modification 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 Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this other can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhoriud payment on the part of the City of Fort Call,.,. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required imitation procedures. violation arc in fact bame by the Purchaser. Themofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assign to the Purchaser coy and all claims it may now have or hereaacr Freight Terms. Shipments most be F.O.B., City of Fan Collins, 200 Wood St, Fort Collins. CO 80522, unless impuited under fdcml or state antitrust laws for such overcharges relating m the paniculm goods or services Otherwise specified on this other. If permission is given Io prepay freight and charge separately, the original f ight purchased or acquired by the Purchaser pursuant to this purchase order. bill must mcomwnv invoice. Additional chances for pwkinz will no be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be darned from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary pemii i, cerrificarm and lmemes required by all applicable lawn, regulations, ordinances and ales of the sate, municipality, term, or political subdivisia where the work is performed, or required by any other duly constituted public authority having jimsdictinn over the work of vendor. Seller turther agrees m hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and requirements. Authorization All parties to this contract agree that the representatives are, in fact bona Ode and possess full and complete aa'hodry I. limit said Par. LIMITATION OF TERMS. This Purchase Order expressly limits mcepunce m the temp and conditions soma herein set forth and any supplementary or additional terms and conditions vmexa hereto or immpomtcd herein by rterence. Any additional or different temp ad condition I mposa by seller are objected to and hereby mjmwL 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camol make compine shipment to derive on your promised delivery, dam as rota. Time is of the essma. Delivery and performance most be afiamd within the time stated on the purchase Omer and the documents attached hereto. No acts of the Purchasers including, without Initiation, acceptance of panial late deliveries, shall Opcmte n a waiver of this provision. In the event of any delay, the Purchaser shall have, is addition mother Icgal and equitable remedies, be option .(placing this order elsewhere and holding the Seller liable for damages. However, the 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 of negligence, such acts of God, acts of civil or military authorities, gr vemmenml priorities, fires, strikes, Boot, epidemics, wars or riots provided that notice of the condition causing such delay is given to the Purchua within fve (5) days of the time when the Seller first received knowledge these(. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, immortals and wmk covered by this order will conform with applicable drawings, specifations, samples ador other descriptions given, will be fit for the purposes intended. and Performed with the highest degree of rare and competence in arcmdance with accepted standards for work of a similar retort. The Seller agrees a hold the posbaser harmless from any loss, damage or expense which the Pumharr may suffer or incur as account of the Sella breach of womay. The Seller shall replace, min it or make good, without cost a the purchaser, any defects or faults arising within one (1) year or within such longer peria of time as may be prescribed by law or by the man ofany applicable warran y provided by the Seller after the date of acceptance of the goods furmM1ed hereunder (acceptance not to be unreasonably delayed), resulting fan imperfect or defective work done or materials fomished by the Seller. Acceptance or use of guards by the Purchaser shot) not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ardeq the Sellers liability hereunder shall extend m all damages proximately tamed by the breach of any of the foregoing war an. or grammes, but such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal reran by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may rake any clances in the Isom. odor flan legal temp, including addiliom to or delnicas from the quantities originally ordered in the specifications or drawings, by verbal or woman change order. If any such change affects the amount due or the time of aaftomnnm hereunder, an equitable adjnament shall he made. 6. TERMINATIONS. The Purchaser may at any time by winner change order, mrminam this agreement az to Pay or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials 'hen in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADHISTMENT. Any claim for adjtmmal most ed warned within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts door all good sold hereunder shall have been produced, said, delivered and f ishd in strict compliance with all applicable law, anal regulations to which the goods are subject The Seller shall execute and deliver such documents as may be rquired an effM or evidence compliance. All laws and regulmiam required to be incorporated in agreements of this character art hereby incorporated herein by this refemnm. The Seller agrees a indemnify ad hold the Purchaser hamdess from ell can and damages suffered by the Purchaser as a it of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, transfer, or convey this orders or my monies due or to become due hereunder without the prior written consent of be other pay. 10. TITLE. The Seller warrants full, clear and mommind title to the purchaser far all equipment materials, and inns Famished in performance of dwi agreement free and clear of my and all lien, restrictions. reservation, amount,amount,interest encumr bmccsand claims ofot n. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]film purchaser brat, the Seller Io correct vomosubm sing or defective goods by a due m be agreed upon by the purchaser and the Seller. and the Seller flo reaRm indicates its inability or unwillinguess to comply, the Purchaser may cause the work to be performed by the most expeditious mean available Io it, and the Seller shall Pay all costs asswimed with such work. The Seller shall release the Purchase, and its contractors of any tier from all liability and claims of any nature resulting train the performance ofsuch work. This release shall apply even in be event of fault of negligence of the party released and shall extend to the directors, mfii and employees ofsuch party. The Sellers contractual obligation, including wa rmay, shall not be dame to be reduced, many way, bcoause such work is performed or roused a be Performed by the Purchaser. 10. PATENTS. Menever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by Prison of the use of such patented design, device, material at process in connection with the contract and shall indemnify the Purchaser fm any cost, expeme or damage which it may be obliged a Pay by mown ofsuch inGngement at any time during the prosmtion or under the completion of the work. In case said equipment, or any pan thereof or the intcMd use of the goods, is in such suit held to constitute infringement rand the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumhner the right to continue using said equipment Or pans, replace the same with substantially equal but noninfringing equipment, ar modify it sun it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of traitors, appoint a receiver or trustee for arty of the Sellers property or bnsiness, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The definition of team mud or the imeryremtioo of the agreement and the rights ofall parties hereunder shall be conwed under and govemed by the law, ofthe State ofColomdo, USA. The fallowing Additional Conditions apply only in rases where the Seller 0 in perform work hereunder, includingthe service Of Sellers Repressuarivi s), on the prtmisa o(others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same n fully completed and accepted, and shall, in e of any accident, destruction or injury to the work ond/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment art fumished by others for installation or erection by the Seller, the Seller shall receive, unload, None and handle same at the site and become responsible therefor is, though such materials andor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including mcopational disease benefits, to in employees employed no or in connection with the work rovered by ,tis purchase order, and/or to their dep ndlents in scambince with the laws of the suite in which the work is to be draw. The Seiler shall also tarty, ampmhenive general liability including, but not limited to, contractual and antomobile public liability insurance with bodily Malay and drab limits of as leaat 5300.000 for any one person, 5500.000 for any One accident and pmpeny damage limit per accident of S400.000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his waactors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecrifcamc shall specify the due when such ompensatinn end insurance have been provided. Such certificates shall specify the date who such compensation and insurance expires. The Seller agrees that such compeamion and insurance shall b<maintained until after the entire work is completes and rotated, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind odium whanmver to person or property caused by or insulting from the execution of the work provided for in this panhase order or in connection herewith. The Seller will indemnify and hold hou tless the Purchaser and any or all of the PureM1azem officers, agents and employees from and against any and all claims, losses, damages, charges or expemes, whether direct or iadoes, ad whether to anon or property to which the Purchaser may he put or subject by rason of my rot, action, rrcpJwt omission or default an the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In rase Pay suit or other proceedings shall h brought again, the Purchaser, or its oMr., agents Or employees m my time on accost or by reaann of any act, action, neglem, omission or defaul, of the Seller of any of his coaanore or any of its or their officers, agents or employees as aforesaid, the Seller hereby egress m oasts, the defame thereof and to defend the same at the Sellers own expense, m pay my and all coats, charges, aromeys fees and other expemes, my and all judgments that may be incurred by or obtained .gains, the Purchaser or any of its a their officer, agents or employees in such suits or other proceedings, and in cam, judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in of as a caul, of mesh suits or other proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall Pike all safety p'maotiom, Finnish and install all guards necessary, for the prevention of ucidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued immortal thereto. Revised 02f2014