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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9150265Fort Collins Date: 01/13/2015 Vendor: 127454 JACOBS AUDIO LLC 7742 BROCKWAY DR BOULDER CO 80303 PURCHASE ORDER PO Number Page 9150265 1ef2 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: 01/13/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Lincoln Ctr Equip Rent 2015 Blanket Order laxei I&I 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. 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 30,000.00 Total $30,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local tuxes. Our Exemption Number is 11. NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Catifcare of Registry 84-6000587 is registered with the Collector of Failure of the Purrhsser to insist upon strict performance of the it. and conditions hrnnf, failure or delay m Internal Revenue, Davis, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise my rights or remedies provided herein or by law, failure to promptly marry the Seller in the event of a breach, dine acceptance of or payment for goods hereunder or approval of the daigm shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to to specifications, either when shipped or due to defects of any of the warrartia or obligations of this purchase under and shall to be deemed a waiver of any right of the damage in transit, may Far returned to you for credit and are nor on be replaml except upon receipt of written purchaser to insist upon strict performance hmofor any of its rights or remedies as wavy such goods, regardless inswrnon from the City of Fort Collimi of often shipped, received or accepted, as to any prior or subsequent default hereuWa, am shall any purported oral modifiatian or rescission of this purchase order by the Punctuation operate as a waiver of any of Be, terms Inspection. GOODS art subject to rise City of Food Collins impr:cuon an conical. hereof. Final Acceptance. Receipt of dm merchandise, servira or equipment or response to dins order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is a be understood flan FINAL Sella and the Punchaser recognise that in actual amount, pmak , over charges resulting from antitrustACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact home by the Pumhuer. Theretoforefm good cause and as considerazian for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now bane or hereafter Freight Terms. Shipments at be F.O.M. City of Fort Collins, Too Wood St, Fort Collins, CO 80522, it. acquired under federal or more it., lases for such overcharges relating to the particular goods or services otherwise specified on this under. Upermission is given to prepay freight and charge separefely, the origin[ f n la purehnsed or acgaired by The Purthaser Pursuant to this purchase order. bill most accompany invoice. Additional changes for parking will rmr be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers favor distributing points in various pans of the coastry, shipment is Ifthe Purchaser directs The Seller to correct nonconf ing or defective goods by a date to be agreed upon by the expected fmm the amount distribution paint to d.tinemon, and excess freight will be deducted form Invoice what Purchaser and the Sella, road the Seller thermfr indicates its inability or unwillingness m comply, the Purchaser shipments are made fmm grata distance. may cause the work to be performed by the most expedition means available to it, and the Seller shall pay all costs asaimed with such work. Permits. Sella shall procure at sellers sole cast all necessary permits, cenificafes, mid 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 any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss inured by them by moon of an ass rred or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contact agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated herein set forth and any supplementary or additional corms and conditions asmexed hereto or incorporated herein by reference. Any additional or different terns and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve oa your promised delivery date as noted. Time is arts, essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision In the event ofany delay, the Purchssn shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, Line Sella shall not be liable for damages as a result of delays due to causes not reasonably fm<sceable which art beyond its reasonable control and without its fault ofnegligence, such acts of GW, aka of civil or military authonti., government] parities, fires, strikes, flood, epidemics, wars or riots provided that order of the conditions caning such delay is given to nine Purchaser within five (5) days ofthe time when the Sella fro mucivnd knowledge thereof. In the runt of any such delay, the doe of delivery shall be extended for thr period equal to the time nari lost by mason office delay. 3. WARRANTY. The Seller woman. thud all good, articles, cromnals and work covered by this order will conform ,in applicable drawings, specification, samples and/or other descriptions given, will be fit for the pamosa mtmdi aW performed with the highest degree of can and competence in accordance with accepted staadad far work of a similar nature. The Sella agrees to bold fee purchaser hornless (man any lass, damage or expense which she Purchaser nay sufferor incur an scour of The Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost b the purchaser, any defects or faults mixing within one (1) year or within such longer period of rime as may be preuribat by Law or by the fern ofany applicable warmnry provided by the Sella info the date of acceptance of the good furnished hereunder (arapana act to be umrawnably delayed), resulting fmm imperfat or defective work done or aaterial forestial by fine Seller. Acceptance or over of good by the Purchaser shall not procedure a waiver of my claim under this warranty. Except u otherwise provided in this prtrchau order, the Sellcrs liability hereunder shall extend m all damages proximately caned by the breach of my of be foregoing warranties or guamntxs, but such liability shall in no ream include Ins cupolas or loss of our. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any throngua to the human, other than legal terms, including additions to or deletions from the quantities migi nally ordered in the spmi licmian or drawings, by verbal or written change order If any such change affects the amount due or the time ofperfornanee hereunder, an egmarble adjustment shall be made. 6. TERMINATIONS. The Financier may at any time by written change order, terminate this agrearrent as to any or all ponlom of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa me uncompleted portion of the goods andor work, for incidental or canequential damages, and that no such adjustment be mile in favor of the Seller with respect to any gust which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserred within thirty (301 days from the dam fire change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold bereunto shall have been produced, sold, delivered and famished in strict comphon a with all applicable laws and irritations b which the goods arc subject The Seller shall execute and deliver such documents as maybe required m effect in evidence compliance. All laws and regulations required to be incorporated in agreements of this elements me hereby incorporated herein by this reference. The Seller agrees an indemnify and hold the Purchaser harnlen farm all cars and damages suReW by the Purchaser as is rash of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tranfer, or convey this order, or my monies due or to become due hereunda without the prior wrihev consatt mfthe oher party. 10. TITLE. The Seller warrants full, clear and constructed title to the Purchaser for all equipment, material, end items Famished in performance of this agreement free aW clear of my and all lien, restrictions resma,ions, section, interest mcumbmnc. and claims of mints The Seller shall release the Purchaser and its contrarian, of any tia fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the evens of fault of negligence of the party released and shall extend to the directors, oficas and employees of such party. The Seller's contractual obligations, including warranty, shall not be domed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leaver, parent, trademark or copyright, the Seller shall indemnify and save harmless the purchaser over any and all claims for infringement by rensun of the use of such pointed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any 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 any pan thereof or the intended use of the goads, l in such suit held to cannier, infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expanse and at its option, either procure for the Purchase, the right 1. continue Wing said equipment or pans, replan the more with substantially equal but noninfringing equipment, or modify it so it becomes nortinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or badwpq make an assignment for the benefit of cral mrs, appoint e or trustee fro any of the Sellers property or business, this order may fonhuith be canceled by the ane Phua without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of all parties hmander shall W coasaued under aW governed by the laws of the Stare of Colorado, USA. The fattening Additional Conditions apply only in russes where nine Seller is to perform nod hereunto, including the save. of Sellcrs Repmwnadiinfa , on the Famous ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall arty on said work at Sellers own risk until the more is fall, complerW and accepted, and shall, in cue of any accident, destruction or injury to the work m&m nateried, before Sellers Brat completion ord acceptance, complete the work m Sellcrs own expense and to the sa ybourioa of the Furthazer. Whan materials and equipment arc famished by orders far installation to erection by the Sella, the Seller shall receive, unload, store and handle mine at the site and become responsible therefor as though such mmm us md/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own eeparte, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase under, m&a to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not hormad to, contractual and automobile public liability insurance with ready injury and death limits ofat least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers an his convectors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and wafted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby ossumcs the entire responsibility and liability for any and all damage, loss or injury ofany kind or wture whatsaver to person or primary caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith The Seller will immunity and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and it meal any and a]I claims, toss., damages, charges or expenses, whether direct or indirect, and whether m persons or pmpary 0 which Line Purchase may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors or my of the Sellers or contraccom officers, agents or employees In case any suit or other proceedings shall be brought again, the Purchases, or in ifcers. agents or employees at any time on aounn or by reason of my act, action, neglea, omission or default of the Sella of my of his contractors or my of its or their often,, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof end to defend the more at the Sella, own expense. m pay any mad all costs, charges, marveys fees and miner expenses, my and all judgments thud may Is, incurred by an obtained against the Purchaser or any of its an their offcm, agents an employees in such suits or other proceedings, and in case judgment or after lira be placed upon or obdained against the psaltery, of de Purchases, or said panic in or as a result of such subs m other proceedings, the Seller will at once ame, the same to be dissolved aW discharged by giving band m mherwiu. The Seller oral his contractors shall take all safety precaution, fiuvinh and intall all guard necessary for the Lamentation of accidents, comply with all laws and regulatiom with regard to safety including, but without limitation, the Occupational Safety end HealthAn of 1970 and all roles and regulation issued p.I thereto. Revised O7Q014