Loading...
HomeMy WebLinkAbout483532 BIZWEST MEDIA LLC - PURCHASE ORDER - 3215179PURCHASE ORDER PO Number Page CI�IOfCollins215179 lofz ' `t ( V This number must appear " 1 1�7 on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 483532 Ship To: WATER UTILITIES BIZWEST MEDIA LLC CITY OF FORT COLLINS 1790 30TH ST SUITE 300 700 WOOD ST BOULDER CO 80301 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 i 2015 Blanket PO 1 LOT LS 7.500.00 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 $7 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS_ Tax exemptions. By storage the City affect Collins is axemp, from same and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Regisby 84-6000587 is mnsterM with Ne Collector of Failure of the Purchaser to insist upon nnut perfomwa of the tams and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Rer Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the avem of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due or defects of any of the warranties or obligations of this purchase order and shall not he deemed a waver of any right of the damage in transit may be reamed to you for credit and are rot to be replaced eacryt upon receipt of —him purchaserw main upon stria peffoimance hereofor any of its other or remedies sat to any such goods, regardless instructions fmm the City of Fon Collins. of when shipped, received to accepted m to any poor or subsegmm default hereunder, nor shall any purported od modification m recursions of this purchase order by the Purchaser operate as a waiver of my of the or. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. haaf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorimd payment an the pan of the City of Fell Collins. However, it is to be undemead that FINAL Seller and the Purchaser rewgnied that in actual economic practice,soli overcharges hearing from himmmt ACCEPTANCE is dependent upon completion ofall applicable her teal inspection procedures. violations are in fact some by the Purchase, Theretofore for goad sus and ss consideration fo, executing this purchase order, the Seller hereby and as to the Purchaser any and all claims it may now have or hermfter Freight Terms. Shipments must be E D B. City of Fort Collins, 700 Wood Sr, Far Collins, CO 80522. unless acquired under federal or nine antiwst laws for such overcharges relating w the particular goods or services otherwise specified on this order. Ifpeamission is given to prepay freight and charge separately, the original freight purchased or acquired bythe Purchaser pursumt to this prechaxorder. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disclose. Where mmuffecturers have disenbuting points in various pace of the country, shipment is Ifthe Purchaser areas the Seller to contact nonmnformingor defative5gges byes cistern be agreed upon by the expected from the nearer, distribution in, Ito destinaton, and excess freight will be deducted form bromme when Purchase and the Sella, and the Seller thereafter indicates its inability or comilingners to comply, the Purchaser shipments are made from greater diswce may came me work ho be performed by the most expeditious means readable to it, and the Sella shall pay all costs mmuated with such work Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ales of the sate, municipality, territory or political subdivision where the .cork is mfmmed or required by any other duly combatted public amlromy having juosdiction over the work of vendor. Seller further agrees to hold the City of ran Collins harmless from and against all liability and loss incurred by them by reason of an assened or established violation of any such laws, regulations ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits sccepance w the toter and conditions hazed herein set fort and any suppleanenmry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cough make canceled shipment to arrive on your promised delivery date o noted. Time is of the essence. Delivery and performance most be effecred within the time stated on the purchase order and the documents boasted hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of plating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to tames not immunity foreseeable which are beyond its reasonable corral and without its fault of negligence, such acts of God acts of civil or military aghondes governrnmul priorities, fires, smkes, Rood epidemics, wars or note provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when the Seller first received knowledge thereof In the even, of any such delay, the date of delivery shall be extended for the penal equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrarts that all goods. miclec, nationals and work covered by this order sell conform with applicable drawings, sp rifications, samples and/or other descriptions give, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fro any loss, damage or expense which the Purchoer may suffer or incur on accowt of the Sellers breach of warranty. The Seller shall replace. mine or make good, without test to the purchase, my defects or faults nosing within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warrmty provided by the Seller after the due of acceptance of the goods famished hereunder (accep sece not to be unreasonably delayed), resoling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this witrmry. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarmtees, bat such liability shall in re event include loss Affinities or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. The Purchaser may make changes to legal terms by whom change order. 5. CHANGES 1N CONMERCIAL TERMS. The Purchaser may make my changes to the terms, oilier than legal terms, including additions an or deletions from me quantities originally ordered in the specifications or draw, by verbal o n change order. If tatty ouch change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time be written change order, terminate this agreement as to any or all portions of the goods that nor shipped, subject w my equitable adjunment boreal the proma as to my work or materials Nat in progress provided mat the Purchaser shall not he liable for my claims for anticipated Prefix on be uncompleted portion of the goods hall work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftbar obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be earned within Ihirry (30) days form the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wartmts that all goads sold hereunder shall have had produced, sold delivered and famished in stnet compliance wirh spl applicable laws and mr ohnioa to which me goods are subject. The Seller shill execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees on indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as; a result of the Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry shall amp, transfer, or comry this order, or any monies due or w become due hereunder winter the prior written consent of the other party. 10. TITLE. The Sella warms full, clear and umotdmed tithe to the Purchaser for all equipment nationals, and items furnished in pofomhmce of this agreement Gee and clear of my and ill liens, restrictions, reservations, security interest encumbrances and claims of oAere. The Seller shall release the Purchaser and its contractors of any net fmm all liability and claims of any nature resulting fmm the performance dsuch wmk. This release shall apply even in she event of fault of negligence of the parry cleared and shall extend to the argtors, officers and employees of such parry. The Sellers restrmmsp obligations, including warranty, shall not be deemed w be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copynghv, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such parented design, device, mmmal or pmwss in connection with the convect, and shall indemnify the Purchaser for my cog, expense or image which it may be obliged w pay by brown of such Infringement at any lime doing the prosecution or after the completion of the work. In case sold equipment or my pm matter or the intended use of the goods, is in such .it held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser me right to continue using said equipment or parts, replace the same with substantially equal but noninf x,ro, equipment or modify it as it becomes goninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make son assignment for the benefit of creditors, voodoo a receiver or aware for my of the Sellers property or business, this order may foMwith be canceled by the Purcawarehaser wrhom liability. 16. GOVERNING LAW. The definitions of terms hard or the inteprembo rt of the agreement and the rights of all parties hereunder shall be coaaued trader and governed by the laws of the Side of Colorado, USA. The follow, Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprecommove(s), on the premises ofoilim, ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of my accident destruction or injury to the work and/or marenals before Sellers final completion and acceptance, complete me work at Sellers own expense and to the satisfaction of the Purchaser. When materew and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload same and handle same in the site and become responsible therefat as though such mommuls and/or equipment were being famished by the Seller major the order. 18. INSURANCE. The Seller shall, at his own expense, provide for she payment of worriers compensation, including occupational disease branches, to its employees employed on or in connection win the work covered by this purchase order. major w their depmdms in accordance with the laws of the gate in which ,he work is ro be done. The Seller shill spot carry comparhmsive gored liability including, bat not IimitM m, convacwsp and automobile public 1, abil its insurance with Wilily injury and death limits of at leash UreJPW for any one person, $500,000 or any one accident and property damage limit per accident of Si The Seller shall likewise require his contractors, if my, to provide for such comprommon and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cenifirme this such compearxtion and insumnce have been prmheral Such certificates shall specify the dare when such compemadjon and insurance have been provided. Such certificares shill specify she date what such compmxaon and insurance expires. The Seller agrees that such compensation and measure shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurams the entire responsibility and liability for any and all damage, lass or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of rare work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold harmles the purchaser and my or all of the Purchasers officers, agents and employees from and agasim, any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchase, may be put or subject by reason of my act action, neglect, 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 care my suit or other proceedings shall be brought against the Purchasr, or its officers, agents or employees ash my time an account or by reason of any act anion, neglect omission or default of the Seller of my of his wntracwrs or my of is or their officers, agents or employees as aforesaid, the Seller hereby agrees ad assume the defense Hereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, anomays fees and other expenses, my and all judgments that may be incurred by or obtained againg the purchaa or my of its or their officers, agents or employees in such All or other proceedings, and in ease judgment or other lim be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such sums or other proceedings. the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply wth all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursumt thereto. Revised 07/2014