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HomeMy WebLinkAbout441324 PRAIRIE MOUNTAIN PUBLISHING LLP - PURCHASE ORDER - 9150163PURCHASE ORDER PO Number Page City of PURCHASE 9150163 tot z Flirt CollinsChisnumber must appear �.J`-1 ` 1 1 on all invoices, packing sli s and labels. Date: 01 /12/2015 Vendor: 441324 Ship To: LINCOLN CENTER PRAIRIE MOUNTAIN PUBLISHING LLP CITY OF FORT COLLINS 5450 WESTERN AVE 417 W MAGNOLIA BOULDER CO 80301 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 Ordered UOM Unit Price Extended Price Lincoln Center Advertising 1 LOT LS 17,000.00 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@lfogov.com 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 exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon sanct jerfvammce of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall no,release the Seller of Goods Rejected. GOODS RFJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in transit, may be returned in you for credit and are not to be replaced except upon receipt of women Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such games, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purposed and modification or rescission of this purchase order by the Purchaser operate res a wmlver of any of the temu Inspection. GOODS are subject to the Ciry of Fon Collins inspection on amsal. hereof Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can moult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser wrognlm that in actual romantic practice, ovecharges resulting from aotinust ACCEPTANCE is dependent upon completion ofall applicable required inspection proceduresviolations are in fact home by the Purchaser, Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be ED B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal so slate antitrust laws for such overcharges relating to the particular goods or seaices otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumuo this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. II. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Discover, Mere manufacturers have disnbuting points in vadoa parts of the wunlry. shipment is If the Purchaser directs the Seller o correct nonwnPoaming or defective goods by a date to he agreed upon by me expectd from de nearest distribution point to destination, and excess freight will be discharged from Immice when Purchaser and the Seller, and the Seller thereafter indicates its iaubility or tewillmanea to comply, the Purchaser shipments are made from Romer distancemay cause the work . be, perfcamed by the mast expeditious means available to it and the Seller shall pay ad I costs associated with such work. Permit. Seller shall procure at sellers sole cost all necessary pesmils, cenificares and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or Political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Cullins hawless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and re pimminew; Authoritarian. All parries to this contract agree chat the representatives me. in Get bona fide and Passess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits mcepaana her the tenets and condtions sated herein am forch and my supplementary or additional arms and condtons annexed hereto or incorpmared herein by reference. Any additional or different ams and conditions proposed by seller are object to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised deliverydareas noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents poached herein. No new of the Purchasers including, without limitation, acceptmce of panic late deliveries, shall operate as a waiver of cis provision. In the even of any delay, the purchaser shall have, in addition to other legal and equitable remedies, the option of 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 mewl and without its fault of negligence. such how of God, acre of civil or military authorities, governmental priorities. 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 the time when the Seller first received knowledge thereof, In the event of my such delay, the time 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 gods, articles, materials and work covered by cis order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and oanpmwce in accordance with accepted standards for work of a similar human The Seller agrees . hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of che Sellers breach of wananrv. The Seller shall replace, repair or make good, without cost to the purchaser, my defer or 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 the Seller after the data of acceptance of me goods famished hereunder (acceptmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this worrmty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend ao all damages proximately caused by the breach of my of the foregoing warranties or guarantees, bw such liability shall in no event induce loss of profits w loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaer may make change 10 legal moms by wdnan change order 5. CHANCES IN COMMERCIAL TERMS. The Purchasermay make my changes an the terms, other grosser legal tms, including solutions to or deletions from the quantitiesoriginallyordered in me specifications or drawings, by verbal or wrom change order. If my such change affects the amount due or the tome of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by reopen change order, terminate this agreement as to any or all portions of the goods den not shipped, subject to my equitable adjustment between the ponies as to my work or mmmals den in progress provided chat she Purchaser shall not be liable for any claims for mticipected profits on the umcoanpleted portion of the goods and/or work for incidental or consequential damages, and cut no such adjustment be made in favor of the Seller with respect to my goods which we the Sellers sundard stock. No such temdnauon shall relieve the Purchaser or the Seller of my of their obligations as to my goads delivered heremder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted wribm thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produce[. sold, delivered and famished in trader compliance amid all applicable laws and regulations to which the gods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence wmplimm. All laws and regulations required to be ncorporated in agreements of this character are hereby thaw gamred herein by this reference. The Seller agrees to indemnify and hold the Purchaser haamless from all costs and damages suffered by the Purchaser is a result of dic Sellers failure 10 comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior women consent ofthe other parry. 10. TITLE, The Seller wenmts full, clear and paratrlcred pule to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of my and ill lwas. raoiaione. reservations, secunbe interne encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my power resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shill extend to the directors, officers and employees of such patty. The Selleh commcmal obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is perharned or caused or M performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process cornered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for inGngemm by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my 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 my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either proem, for the Purchaser the right to continue using aid equipment or pacts, replace the same with substantially equal but roninfringing equipment or modify it an it becomes mninfnngu g. S. INSOLVENCY. If the Seller shall become insolvent or bankropt make an assignmeal for the benefit of creditors, appoint a receiver ometre r for my of the Sellers property or business, this order may foMwith be canceled by the Purchaser widow liability. 16. GOVERNING LAW. The definitions of terms used or the theRrrea ion of the agreement and me ngh¢ of all parries hereunder shall be combined under and governed by the laws of the Stare of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smica of Sellers Represmnudve's), on the premises of oilers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's own nsk until the same is fully completed and accepted and shall, in case of my neidem, dmmwion or injury to me work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When ma¢nal, and equipment are famished by others for insWlation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials parlor equipment were being fomishol by the Seller under the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers oro par ation including occupational disease benefits, . its employees employed on or in wmtection with the work covered by this purchase order. padlor to their dependency in accordance with the laws of the stare in which the work is or be done. The Seller shall also carry comprehensive general liability including. but not limited.. contractual and ammnoblle public liability insurance with bodily injury and death limits of at teat $300,000 for my one person, $500,000 for my one accident and property damage limit per accident of fr100,000. The Seller shall likewise require his contractors, fmy, to provide for such compensation and insurance. Before my of the Sellers or his contracors employees shall do my work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate chat such compensation and insurance have been provided. Such cenifrchas shall specify the date when such compensation and insurance have been provided. Such cenificmas shall specify the dine when such compensation and insurance expires. The Seller gainers chip such mmpemation and insurance shall be maintained mti] after the home work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mum responsibility and liability for my and all damage. lass or injury oftener kind or nature whatsoever to persons or property 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 harmlea the Purchaser and my cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. harges or expenses. whether direct or indirect, and whemw to persons or property . which the Purchaser may or put or subject by reason of my act, action, headier, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my cot or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time tin account or by reason of my act anion, neglect omission or default of the Seller of my of his estimation or my of ire or their officers,as agents or employees aforesaid, the Seller hereby agrees . assume the defense thereof and to defend the ante at the Sellers awn expense, to pay my and all posts. charges, mommes fees and other expenses, my and all judgments brat may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employes in such suits or other proceedings, and in cue judgment or other ling be glazed upon or obtained against the property of the Purchaser, or said panic in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without locations, the Omrpammnul Safety and Health An of 1970 and all holes and reputations issued pursuant pore.. Revised o]12014