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HomeMy WebLinkAbout513850 DENISE GREENE - PURCHASE ORDER - 9150170Fort Collins Date: 01/12/2015 Vendor: 513850 DENISE GREENE 2141 DAILEY ST SUPERIOR CO 80027 PURCHASE ORDER PO Number Page 9150170 1e12 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 Ordered Unit Price Extended Price I Lincoln Ctr Graphics Design 1 LOT LS 15,000.00 2015 Blanket Order. DO NOT MAIL 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is I I- NONWAIVER. 98-61502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is of ismred with the Collector of Falure of fire Purchaser to insist upon saner performance of fire terns and conditions honest. failure or delay to Internal Revenue. Denver, Colorado (Ref, Colorado Revised gainers 1973. Chapter 39.26. 114 (a). exercise any tights or remedies provided herein or by law, !alum to pmmpdv notify fire Seller in fire event of a breach, de acceptance star payment for goods hereunder or approval ofthe design, shall not belesse fire Seller of Goods Rejected. GOODS REIECTED due to failure m meet specifications, either, whin shipped or due to defects of any of the warnnries o1 obligations of this purchase order and shall not be deemed a causer of any right of the damage in transit may be terminal in you for credit and are rest to be replaced except upon receipt of wagon poelosser to mast upon sont peRormmtt h rswfor any of its tights or remedies as he any such goods, regardless instructions fmm the City of Fon Collins. of when slipped, received or amm d, as to any poor of subsequent default hereunder, nor shall any purponed oral modification or rescission of Its purchase order by fire Purchaser open us as a waiver of any of fire terms Imitation. GOODS ert subject so the City of Fort Collins inpection on arival. hermf Find Acceptance. Receipt of the merchandise, sconces or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aueh9nrzd payment on the pan of the City of Fort Collins. However, it is W be understood that FINAL Seller and the Purchaser mongoose fiat in actual economic pa tuns. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of ell applicable required inspection procedures xmishours are in fact home by the Purchaser. Themunfiem. fogood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims if may now have or hereafter Freight Terms. Shipments mme be F.O.B., City of Fort Collins. TW Wood S, . Fort Collins, CO 80522, unless acquird under federal or state mower laws for such overcharges relating to the particular goods or services otherwise s,bc,fM on this code, Ifpfronsoen is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disadbuting points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct noncomormingor defegiergoods by a dauto be agreed upon by the expected form the nearest distribution point to desroation, and excess freight will be deduced from Invoice when Purchaser and the Seller, and the Seller therm0er indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause fire work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, cenifimms and licenses required by all applicable laws, regulations, ordinances and rates of the stare, municipality, remain, or political subdivision where The Seller shall release the Purchaser and is contractors of my tier from all liability and dalins of my nature the work is performed, or required by my other duty connimmd public authdry having jurisdiction over the work muding form fine performance of such work. if vendor. Seller higher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or enablishd violation of any such laws, regWaiom, onion em, rules This release shall apply even in fire event of fault of negligmtt of the parry released and shall extend to fire and requirements dirccters, o!<cers and employees insists parry. Aothodvtion. All parties to this emomt ogee thin the repress rouses are, in fact bona fide and posers full and The Seller's contractual obligations, including warms shall not he deemed to be reduced, in any way, bacaause complete authority ro bind mid panes such work is performed or caused to be performs by rise Purchaser. LIMFTATION OF TERMS. This Purchase Order expressly limits acceptance to fire some and renditions saated herein set forth and my supplemmary or dditiond terms and conditions mnexd herein or incorporated herein by reference. Any additional or different terms and conditions prosmd by seller are objected or and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cmnm make complete shipment to arrive on your promised delivery dare as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents coached herese, No acts of the Purchasers including, without limianon, acceptance of partial late deliveries, shall Wemre as a waiver of this provision. In the evens of my delay, the Purchaser shall have, in addition to order legal and equitable remedies, fire 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 control and without its Paull of negligence, such acts of God, acts of civil or military authorities, governmental priorities, foes, strikes, flood, epidemics, wars or noes 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 any such delay, the date of delivery shall be extended for the period equal to the time usually 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, sprcifications, samples and/or other descriptions given, will be fit for fire purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a radar nature. The Seller agrees he 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 shill replace, repair or make good without rest to the purchaser, my defects or faults oozing within one (1) year or within such longer pond of nine as may be presented by law or by fire terms of my applicable worrmty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not m be unressonably delayed). resulting from impeffect or defecrive work done or nationals famished by Joe Seller. Acceptance or use of goods by the Purchaser shall noon connitute a waver of any claim under this waranry. Except as otherwise provided m this purchase order. the Sellers liability hereunder shall extend a all damages promenade earned by the breach of any of fire foregoing wxrmties or guarantees, but such liability shall in run 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 changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the mums, refer thin legal terms, including additions an ar deletions from the qumfinex..... rally ordered in We specifiers m or drawings. by verbal or written change order, If any such change affects the amount due or the time of pedrermmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to my or all pinions of Joe goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that fie Purchaser shill not be liable for my claims for anticipated prefer on the uncompleted portion 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 my goods which are the Sellers standard stock. No such termination shall relieve fie Purchaser or the Sit fief of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any clam for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have hem produced, sold, delivered and fumishd in sain rempliance with ill applicable laws and regulations to which the goods are subject. The Seller shill exwum and deliver such documents as may be required to effort or evidence examinee, All laws and regulations required to be incorporated in agreements of this character are hereby inwryoratd herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all cosy and damages suffered by the Purchaser as is resuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Its order, or my monies due or to become due hereunder without the ,no, wines commal if the other parry. 10. TITLE. The Sellerwarms full, clear and unrestricted title m the Purchaser for all equipment, materials, and items famished in perfmmmce of this agreement free and clear of any and all liens, restrictions, reservations, security interest mcumb... ex and claims of.thers. 14. PATENTS. Whmmor the Seller is required to use my design, device, mazenal or process covered by lever, parent trademark or mpynght the Seller shill indemnify and save hamdess the Purchaser form my and all claims for infringement by reams. of the me of such Amen ed design, device, materiel or process in connection with the contract, and shill indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after fire completion of the work. In case said equipment or any pan thereof or the intendd use of fire gods, is in such suit held to constitute infringement and fire use of said equipment or pan is enjoins, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using said equipment or pans, replace fire same with substantially equal but nominfdnging equipment or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fonirwwdth be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or fire interpretation of the agreement and fire rights of all probes hereunder shall be conswd under and govemd by fire laws of the Safe of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including fire services of Sellers Represenativds), on the premises ofothem 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work as Seller's own risk until the same is fWly completed and accepted, and shill, in case of my accident, distinction or injury to the work mNor mazenals before Seller's final completion and areemence, compine the work at Seller's own expense road to the satisfction of the Purehaser. Whin romends and equipment are fumishd by others for insadlation or erection by the Seller, fire Seller shall receive, =load. store and handle same at the site and become responsible therefor as though such mazenas andrar equipmmf were being Famishs by the Seller under the order. 19 INSURANCE. The Seller shill, re his own expense, provide for the payment of workers wmpenmtiou, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with fire laws of Jae sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, mnuactua and automobile public limdiry iorunewe with Mdi ly injury and death limits of at test E300,000 for my one person $5.0000 for any one accident and property damage limit per accident of 54W,000. The Seller shall likewise require his if any, to provide for such comprinegion and insuran ce . Before y of the Sellers or his contractors employees shall do my work upon the promises of others, the Seller shall famish the Purchaser with a cenif cam that such compensation and insurance have been provided. Such renounces shill specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in expires. The Seller agrees that such compensation and insurance shill be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respamibiliry and liability fir my and all damage, loss or injury of my kind it nature whatsoever to Persons or property caused by or resulting from fire execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamJes the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all clams, losses, donst charges it expenses, whether direct or indirect and whether to persons or property in whielf the Pufchaer may be put or subject by reason of my act, action, neglect omission or default on the pan of the Seller, any of his contractors, or now of the Sellers or contrecmrs officers, agents or employee. In case my suit or other proceedings shill be brought against the Purchase, or its officers, agents or employees in any nine an account or by reason of my act, action, neglect, omission or defauh of fire Seller of my of his rentranors or my of is or their officers, agents or employees as aforesad, the Seller hereby agrees to assume live defense hereof and to defend the same at the Sellers own expense, in pay my and all roses, charges, ass mays fees and other expenses. my and all judgments that may be incurred by or obtained against the Purchaser or my of ifs or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lint he placed upon or obtained against the property of the Purchaser, or said ponies in or as a result of such suits or other procedings, Joe Seller will or once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and instal all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fire Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0912014