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HomeMy WebLinkAbout102584 COLORADOAN - PURCHASE ORDER - 9150168Fort Collins Date: 01 /12/2015 Vendor: 102584 COLORADOAN 1300 RIVERSIDE AVE FORT COLLINS CO 80524-4353 PURCHASE ORDER PO Number Page 9150168 1of2 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 r 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@fogov.com 1 LOT LS 14,000.00 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. COMMERCIALDEfA1LS. Tax exemptions. By statute the City ofFora Collins is exempt from state and local taxes. Our Exemption Number is 11. SONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94,sK(0587 is registered with the Collector of Failure of the Purchaser 16 uwin Olson strip pedO man of the mute and conditions herre( fdure or delay to Intemd Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exentse, any righes or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofm payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whm shipped or due to defects of any of the semantics or obligations of this mandbaae order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and are runt to be replaced except upon receipt of w.rinen purchaser to invst upon soma performance hersafor any of its tights or remedies as many such gads, regardless instructions from the City ofFort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any postponed oral modificaum 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 ofFort Collins inspection on arrival, harm( Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can s esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, aiflanced payment on the pan of the City of Fort Collins. However, it is m be understood matFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust nfor mgood ACCEPTANCE, is dependent upon completion of all applicable required Inspection procedures. violations are in fact Fame by the Purchaser. Theretofore, 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 must be F.O.B., City of Fort Collins, ]PHI Wood St, Fort Collins, CO 80522. unless acquired under federal or stele antitrust laws for such overcharges relating to the panicutar goods or services otherwise specified on this order if permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser poomnuo this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing poines in various parts of the country, shipment is expected from the nearest distribution point to dest radon, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole Orion all necessary, pamdts, certificates and licenses required by at applicable laws, regulations, ordinances and rWes of the state, municipality, tertiary, or political subdivision where the work is performed, or required by am, other duty cousnimted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the Ciry of Fort Collins harmles from and against all liability and loss incurred by them by reason of an sened or established violation of my such laws, reputations, ordinane, crules and ma quiremmts. Authodearam, All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepranw to the terms and conditions stated herein set foM and my supplementary or additional terms and renditions annexed harem or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in active on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents anmhed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In me event crony 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 Ad[ not be liable for damages as a scents of delays due to causes runt reasonably foreseeable which are beyond its «awnabe control and without its fault of negligence, such arts of God acts ofcivil or military amhonce, govemmened priorities, fires, strikes, Band epidemics, wars or riots provided that nonce of the conditions causing such delay is given to the Portrayer within five (5) days of the time when rue Seller first received knowiNge thereof, In the event army such delay, the date of delivery shall be extended for the renew equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with he highest degree of care and mmpetm,, in accordance with accepted seundards for weak of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or Incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to he Purchaser, any defects 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 date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shill not constitute a waiver of my claim under this waranry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to dl damages passionately caused by the beach of my of the foregoing waranties or guarantees, but such liability shill in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal at. by words change yrdm. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Nut legal terms, including addition¢ to or deletions from the quantities originally ordered in the specifratiorw or decamp, by verbal or wdnen change order. If my sea change aliens the amount due or the time of pedoammce hereunder, an equitable adjustment AAl be made. 6. TERMINATIONS. The Purchaser may at my time by woven change order, terminate this agreement as to my or ail pastors of the goods then not shipped, subject to my equitable adjustment between the ponies as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods anther work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect on my goods which are the Sellers standard shock. No Such termination shall relieve the Purchaser or the Seller of my of their obligations m to my goads delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjunmarrt most be assured within thirty (30) days from the date the change or termination is ordered g. COMPLIANCE WITH LAW The Seller waranes that ail goods sold hereunder shall have been produced, sold, delivered and fumished in sacs cemplianer with at applicable laws and regulations to which the goods are subject The Seller shill execute aM deliver such documents as; may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of cuts character are hardly incorporated herein by this reference. The Seller agrees no indemnify and held the Purchaser harmless from all vests and damages suffered by the Por chaver as a result of the Sellers failure to 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 wnnes consent of the other parry. 10. TITLE. The Sellm warrants full, clear and unresacted title to the Purchaser far all equipment, matends, and hems fumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secunty interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller 0 correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereefler indicates its inability or unwillinymess to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all wits associated with such weak. The Seller shill release the Purchaser and its contractors of any her from all liability and claims of any name resulting from the performance urinals work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's comractual obligations, including wanunry, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14 PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leper, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement 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 m pay by reason of such infringement at my time during the prosecution or arks the completion of the work. In case said equipmm4 or my pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and in its option, either pos rue for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nam infinaging. 15. INSOLVENCY. If the Seller shill become insolvent or bankrupt, make an assignment for the benefit of coaddic, appoine a receiver or toords, for my of the Sellers property or business, this order may foNtwith be crowded by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all pardes hereunder shill be construed under and peened by the laws of the State of Colorado, USA The following Additiond Conditions apply only as cases where the Seller is 10 perform work hereunder. including the services of Sellers Reprwenmtive(st on the premises crummy 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own nsk until the same is fully rempleted and accepted, and shall, in se of my accident, destmcdon or injury to the work addict mamnds before Seller's find completion and acceptance, complete the work at Seller's oven expense and to the satisfaction of the Purchaser. Wpm materials and equipment are fumished by others for instillation or erection by the Seller, the Seller shall receive, unload. store and handle same in the site and become responsible therefor as though such materials and/or equipment were being fumished by she Seller order the order. I8. INSURANCE. The Seller shill, at his own expose, provide for the paymem of workers compensazlon, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to Heir dependenR in accordance with the laws of dre site in which she work is to Is, done. The Seller shall day cart, comprehensive gmerd liability including, but not limited m, contract" and automobile public liability insurance with bodily injury and death limits of ar liners $300,00) for my one person, $500,000 for my one accident and property damage limit per accident of S400,000. The Seller shill likewise require his courcusairms. if any, to provide for such compensation and incurrence. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ctnificards shill specify the daze term such compensation and insurance have been provided. Such cenificares slid[ specify the date wren such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the emi re work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and dl damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of she work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser, and my or at of the Purchasers officers, agents and employees from and against my and ail dzims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsers or proper,, m which the Purchaser may In, put or subject by reawn of my act action, neglect, omission or deficit on the pan of the Seller, my of his cam amers, or my of the Sellers or contractors oMet., agents or employers. In case my suit or oMer proceedings shill be brought against the Purchaser, or its oRcers, agents or employees m wry time on account or by reason of my act, action, neglect omission or default of the Seller of my of his mneraaors or my of in or their officers, agents or employees ss aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same as she Sellers own expense, to pay my and at exams. charges, anomeys fees and ome, expenses. my and ail judgments that may Ind incurred by or obtained against the Purchaser or my of its or their officers, agents or employes in such suits m other proceedings. and or case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or in a resins of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take at safety precautions, famish and instill 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 add all rules and regulations issue pursuant thereat. Revised 07QOI4