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HomeMy WebLinkAbout298197 COMCAST SPOTLIGHT - PURCHASE ORDER - 9150166Fort Collins PURCHASE ORDER PO Number Page 9150166 1012 This number must appear on !:umber packing sli sand labels. Date: 01/12/2015 Vendor: 298197 Ship To: LINCOLN CENTER COMCAST SPOTLIGHT CITY OF FORT COLLINS DEPARTMENT 1161 417 W MAGNOLIA DENVER CO 80256-0001 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 22,000.00 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@fogov.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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fan Collins is exempt from some and local axes. Ow Exemption Humber is 11. NONWAWER. 98-0 502. Federal Excise Tax Exemption Cenifirme of Registry M600058] is rewarre l with den Colle[mr, of Fdlure of de Purchaser to insist upon sister performance of the testa and conditions hereof, failure or delay to Mensal Revenue, Denver, Colorado (Ref, Colorado Revised Stamps 1973. Chapter 39-26. 114 On breach, myrighsorof o ores provided herein bo, we.w,core tpouringly thdesich fy the Seller in the event of a acceptancepayment gm approvalgat, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet s reffir mom, 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 right of the damage in transit, may be trmmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance heneofor any ofia tights or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or creepiest, as to any prior or subsryuent default hereunder, nor shall arty pawned cal modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms Inspection. GOODS are subject to the City effort Collins inspection on arrival. her=f. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in 12. ASSIGNMENT OF A1,71 I RUST CLAIMS. authorized payment on the pan of the Ciry of ron Collins. However, it is w be understood thin FINAL Seller and the Purchaser recognize that in actual ecommintic practice, overcharges resulting from antitrust ACCEPrANCEis dependent upon completion of all applicable required inspection procedures violations 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 any and all claims it may now have or hereafter Freight Terms. Shipments mum be F.0 B., Can of Fair Collins, 7M Wood Sr, Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an Nis order lfperstission is given to prepay freight and charge separately, the original freight purchased or stagnant by the Purchaser pursuanuo this purchaseorder. bill most accompany invoice. Additional charges for tacking will cnt be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing pain¢in various pans of the minor, shipment is If the Purchaser directs the Seller to commr nonconforming or defective goods by a date an In agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or =willingpfess o comply, the Purchaser shipments are made from greater distance. may cause the work to he performed by the mom extortionate; morns available to it, and rise Seller shall pay all msts romanticist with such work. Permits. Seller shall p syme at sellers we msl all necessary permits, cenlfireaes and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, temtor, or political subdivision where the work is performed, or remained by any other duly conmioted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss tarred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules rad requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide ard Posses full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Foods and my supplementary, or additional terms and conditions mnexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by Its, afe objected wand hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to "vs on your promised delivery date as noted. Time is of the essence Delivery and pedoemance most he eRectW within the time sword on the purchase order and the documents caused herein. No era of the Purchasers including, without limitarion, aceptmce of partial lase deliveries. shall operae az a waver of this provision. N the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option affiliating this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due as causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such is of God, acts of civil w military authorities, governmental Panties, Gres, strikes, flood epidemics, wars or rims 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 knows edge thermf In the event of my such delay, the date of delivery shall be extended for rise puled equal an the time secondly lost by reason of rise delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples amber other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted mmduds for work of a milar nature. The Seller agrees to hold the purrhsser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wartmry. The Seller shill replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prambed by law or by the terms of my applicable wmanry provided by Ne Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfm or defective work done or mareri ds famished by the Seller. Acceptance or use of goads by the Purchaser Shall not constitute a waiver of my claim under this -wormy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend to all damages proximately caused by the breach of any of the fomgoing .-if es or guarantees, ben such liability slid] in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by moms change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbd or wsinen change order. If my such change affeca the amount due or the none of pedurmance hereunder, an equitable adjustment shill he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to my or all portions of the goods them not shipped, subject m my equitable anhurrmwst between thr ponies as to my work or materials then in policies provided that me Purchaser shall not be liable for my claims for anticipated profits con the =completed portion of me hoods anNor work for incideard or consequential damages, and that no such adjustment b, made in favor of the Seller wish respect to my goods which we the Sellers standard sock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to my goods delivered here=der. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAN'. The Seller warrants Sam all gm is sold hereunder shill have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations in which the grads are subject. The Seller shall execute and deliver such documents as may be required as effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this common are hereby reorponmd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costa and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither party shall assign, oansfer, or movry this order, or my monies due or to become due hereunder without the Pit., wrims consent of the other, party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser ford) equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims clatters The Seller shall release me Purchaser and its contractors army tier from all liability and claims ofanv name aching from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to she dire[rms, officers and employees of such pan. The Seller's contractual obligations, including warrmry, shall not be deemed to be reduced, in my way, because such work is performed or caused to m performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, mmenal or process covered by Inter, patent, trademark r copyright. the Seller shall indemnify and sue harmless the Purchaser from my and all claims for infringement by reason of the use of such patented deign, device, mationd or process in connection with the comfort, and shall indemnify rise Purchaser for my cos, expense or damage which it may be obliged to Pay by reason of such concernment at my time during the prosecution or after fire completion of the work. In case said reformist, or any pan thereof or the intended use of the gads, is in such suit held 1. constitute infringement and the use of sold equipment or Pan is enjoined. the Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue using add equipment or parts, replace the mine with substantially equal ben normfdnging equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shill become insolvent or bankrupt, make m assignment for the bereft of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwrm be canceled by the Pu chaser without liability. 16. GOVERNING LAN'. The definitions of terms used or the interpretation ofthe agreement and the rights oral] panics hereunder shall be onsoaed under and governed by the laws office State of Colorado, USA The following Additional Conditions apply only or fames where she Seller is to pcdo— work hereunder, including the services of Sellers Represenesciveity on the premises of antes. 17. SELLERS RESPONSIBILITY. The Seller distil carry on said work at Sellers own risk earn[ the same is fully completed =d accepted, and sbdl. in case of any accidents, destruNon or injury to the work andbor materials before Sellefs fnd mmplerion and aceeptmca compere the work at Sellers own expense and in me satisfaction of the Purchaser When marends and equipment are famished by others for installation or erection by the Seller, she Seller shall receive, unload sore and handle same at the site and become c,,n,,blc therelm as though suer materials strol equipment were being famished by the Set let under the order. 18. INSURANCE. The Seller shut, at his own expense, provide for the payment of workers compensation, including occupational disease benefia, to its employees employed on or in connection with the work covered by this purchase order, mWor to their dependents in accordance with the laws of the state in wbich the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited w contractual and automobile public liability insurance with bodily injury and death limits of at lent SHRy000 for my one person, $500,000 for any one incident and property damage limit per azcidwst of Sf)y(KID. The Seller slid$ likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his cantraaors employees shall do my work upon the premises of others, the Seller shall Consists the Purchase went a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whom such compensation and insurance have laws provided. Saris carer ficares shill specify the due when such corzmen i on =d interface expire. The Seller offers that such compensation and insurance shill be maintained moil after me =tire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summer the entire responsibility and liability for my and all damage, loss or injury of any kind or ware 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 harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all clams, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pm of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought almost the Purchaser, or its officers, u,saw or employees at my time can account or by realm of my act, anion, neglect, omission or default of the Seller of my of his comrazwrs or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees w assume the defense thereof and to defend the same at the Sellers own expense, to pay my and dl costs, charges, cru meys fees and the, expenses, very and all judgments Nat may be incurred by or obtained agairai the Purchaser or my of its or their officers. signals or employees in such suits or other prmeedmgz, and in case judgment or other lien be placed upon or obtained women fire popey of the Purchaser, or add ponies in or as a result of such Song or other proceedings. the Seller will in once cause the same of be Namlved and discharged by giving bond or otherwise. The Seller and his carnations stall take all safety precautions, famish and itmdl all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued mar a nt therew. Revised 092014