HomeMy WebLinkAbout114212 KUNC FM 91.5 - PURCHASE ORDER - 3215233PURCHASE ORDER PO Number Page
C117/ of PURCHASE
15233 ' of z
F6r} Collins( This number must packing
!�—J`' ` v " on all invoices, packing
sli s and labels.
Date: 01/12/2015
Vendor: 114212 Ship To: WATER UTILITIES
KUNC FM 91.5 CITY OF FORT COLLINS
c/o ROBERT LEJA 700 WOOD ST
1901 56TH AVE, STE 200 FORT COLLINS CO 80521
GREELEY CO 80634-2950
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 UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order
Advertising
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
1 LOT LS
5,000.00
Total $5,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80622-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COhADERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cetificate of Registry 84-6000597 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REMCFED due [o failure to meet specifications, either when shipped or due to defects of
damage in trartis. maybe merged to you for credit and are not to be replaced except upon receipt of wnnen
instrucnou from Me City of Fon Collins.
Inspection. GOODS are subject o Me City of Fog Collins inspection on arnval.
Final Acceptance. Receipt of the merchandise, services or equipment in response w this order can result in
authorized payment on Me pan of the City of Fog Collins. However, it is to be understood Ma FINAL.
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.0 B., City of Fog Collins, 700 Wood St, Fort Collins, CO 80522. unles
oth gnome specified an this order. If permission is given to prepay freight and charge separately, Me original freight
bill most accompany invoice. Additional charges for puking will ant be accepted.
Shipment Diseanee. Where manufacturers have distributing to. in nammus parts of Me country, shipment is
expected from Me nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shop procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable haws, regulations, ordinances and miss of Me state, municipality, territory, or political subdivision where
Me work is pert'wmd, or required by my other duly constituted public authodry having jurisdiction over the work
of vendor. Seller fuller agrees to hold Me City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any surds laws, regulations, ordiomcea, Nles
and r,.iremmt.
Authorization. All parties to this contract agree Mat Me representatives are, in fact, bona fide and possess full and
complete authmry to bind said pmies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me terms and conditions stated
herein set toed and my supplementary 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 ajated.
2. DELNERY.
PLEASE ADVISE PURCHASING AGENT immwdiarely if you cormot make cumplde ehlpmenn w arrive on your
promised delivery date as noted. Time is of Me essnece. Delivery and performance most be eHectd within the time
steed on Me purchase order and Me documents attached hereto. No act of the Purchasers including, without
limitation, acceptance of pmid lea deliveries, shall operate as a Uncover of this provision. In Me event of any delay,
Me 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 shall not be liable for damages u a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without it fault of negligence,
such acts of God act of civil or military authorities, b vernmental priontice, fires, strikes, flood epidemics, wars or
nets provided that notice of Me conditions causing such delay is given to Me Purchaser within five (5) days of the
time when Me Seller first received knowledge Meaof In the event of any such delay, Me dam of delivery shall be
extended for Me pmod equal to Me time actually log by reason of Me delay.
3. WARRANTY.
The Seller warrant that all goods, articles, matanals and work covered by this order will conform will applicable
drawings, specifications, samples and/or other descriptions giver, will be N for Me Imposes intended, and
performed with the highest degree of care and competence in accordance wiM accepted gandards for work of a
similar nature. The Seller agrees to hold Me 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, repor or As
goad, without cost to the purchaser, my defects or faults rasing Orton one (p year or within such longer period of
time u may be prescribed by law or by Me terms of my applicable w-urmry provided by Me Seller after Me date of
acceptance of Me goods furnished hereunder (severance not to be Unreasonably delayed), resulting from imperfect
or defective work done or =mends fmnishd by Me Seller. Acceptance or use of goods by the Purhaser shall not
contains a waiver of my claim under Mis Unmmry. Except as othawix provided in this produce order, the Sellers
liability hereunder sell extend to all damages preximarely caused by Me breach of my of Me foregoing warranties
or guarantees, but such liability shall in no event include loss of,srofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERNS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERNS.
The Purchaser may make my changes to the terms, othc than legal terms, including additions to or deletions from
Me qugtifies originally ordered in Me specifications or drowings, by verbal or wdnm change order. If my sued
change affect the amount due or Me time ofpci ormence hereunder, an equitable adjunmmt shall be made.
6 TERM1INATIONS.
The Purchaser may at my time by writer change order, terminate Mis agreement as to any or all potions of Me
,ands then tern shipped, subject to my equitable adjustment between the parties as to any work or materials then in
progress provided Mat Me Purceaser shall not be liable for my claims for anticipated profits on Me uncompleted
portion of Me goods and/or work, for incidental or consequential dmnagrs, and that no such adjustment be made in
favor of Me Seller with respec, to any goods which are the Sellers suadard stock. No such rerminmian shall nelies,
Me Purchaser or Me Seller of my of their obligations ar to my goods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thing (30) days from the date Me change or nomination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants Mat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations in which Me goods arc subject The Seller sill execute and
deliver such decummt as may be required to effect or evidence compliance. All laws and regulations required w be
incorporated in agreement of this charger, as hereby inconam red herein by this reference. The Seller agrees to
indemnify and hold Me Purchaser harmless from all cost and damages suffered by Me Purchaser as a result of Me
Sellers fulme b comply with such law.
9. ASSIGNS. NT
Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior winner consent of the other parry.
10, CnE.
The Seller wmmt fall, clear and unrestricted tide to Me Pwchuer for all equipment materials, and items furnished
in performance of thus agreement free all clear of my and all lines, ravicriores, oe er aeimsx, secuhiry immm, ,
encumbrances and claims of others.
11. NONWAIVF,R.
Failure of the Purchaser to insist upon strict performance of Me terms and conditions hereof, ficulore or delay, to
y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, Me my
acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
my of Me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of Me
purchaser to insist upon inner performance hermfor any of in rights or remedies as to any such goods, regardless
of when snipped, received or accepted as to any prior or subsequent default hereunder, me, shall my purported
and rttoMficatim or rescission of this purchase order by Me Purchaser operate as a walrer of my of Me groan
henmf
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and Me Purchaser recognize that in actual scomorde practice, overcharges resulting from Unionist
violations are in fact home by Me Purchaser. Theretofore for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purcbaser any and all claims it may now have or hereafter
acquired under federal or sate antitrust laws for such overcharges egging to Me particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser directs Me Seller to comect nonconforming or defective goods by a date to be agreed upon by Me
Purchaser and Me Seller, and On, Seller thereafter indicates its inability or unwillingness to comply, Me Purchaser
may cause Me work to be performed by Me most expeditious means available to it, and the Seller shall pay all
cost asmciated with such work.
The Seller shall release Me Purchaser and its contractors of my tier from all liability and claims of my nature
resulting from Me performance of such work.
This release shall apply even in Me event of fault of negligence of Me parry released and shell extend an Me
Mrectors, officers and employees of such parry.
The Sellers contactual obligations, including warranty, shall not he deemed to be reduced in my way, because
such work is performed or caused to be performed by Me Purchaser.
14. PATENTS.
Whenever Me Seller is required to use my design, device, matmal or process covered by letter, parent, trademark
copyright the Seller shall indemnify and save homeless Me Purchaser from my and all claims for infringement
by reason of Me use of such patented design, device, material or process in congestion with Me contract, and
shall indemnify Me Purchasing for my cost, expense or damage which it may be obliged to pay by reason of such
infringement at my time during Me prosecution or after Me completion of Me work. In cue said equipment or
my pan thereof or the intended use of Me goods, is in such suit held to ormaiwte inGngemmt and Me use of
said equipment or pan is enjoined, Me Seller shall, at its own ceramic and in its opting, either procure for Me
Pwchuer Me right to continue using said equipment or pans, replace Me same with subsuntially equal but
noninGnging equipment, or modify it so it becomes naninfnnging.
15. INSOLVENCY.
If Me Seller shall t eome insolvent or bankrupt make an assignment for Me benefit of creditors, appoint a
receiver or trustee for my of Me Sellers pm,my or business, this order may foMOiM be canceled by Me
Puchaser without liability_
16, GOVERNING LAW.
The definitions of reins used or Me in..remean of Me agreement and Me tight of all Parties hereunder shall be
constived tinder and governed by Me laws of the Stec of Colorado, USA.
The following Additional Conditions apply only in cues where Me Seller is to perform work hereunder,
including Me services of Sellers Repowentative(s), on Me premises orations.
17. SELLERS RESPONSIBIMTY.
The Seller still carry on said work or Sellers own mark Until Me same is fully completed and accepted and shall,
in case of my accident destruction or injury to Me .,it and/or maerias before Sellers final completion and
.,We, complete the work at Sellers awn expanse and to Me sarisfxtion of Me Purchaser. When materials
and equipment are furnished by others for installation or erection by Me Seller, Me Seller shall receive, unload
store and handle same in Me site and became responsible therefor u though such materials gd/or equipment
were being furnished by Me Seller under Me order.
19 INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefit, to it employees employed on or in correction with Me work covered by this purchase order,
and/or to their dependent in accordance will the lawn of Me some in Mich Me work is in has done. The Seller
shall also carry comprehensive general liability including, ban not limited to, contactual and automobile public
liability insurance with bodily injury and death limit of ar less, S3o0,000 for my one person, $500,p00 for any
one accident and property damage limit per accident of PIM. 69. The Seller shall likewise require his
coro-acwrs, if any, to provide for such compensation and insurance. Before any of Me Sellers or his contractors
employees shall do my work upon Me premises of ethers. Me Seller shall fiunish Me 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 dam when such compensation
and insurance expires. The Seller agrees Mat such compensation and insurance shall be maintained Until after Me
were work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes Me more responsibility and liability for any gal all damage, loss or injury of my kind
or nature whatsoever to person or property cussed by or resulting from Me execution of Me work provided for in
this purchase order or in scrommon hereveiM. The Seller will indemnify and hold harmless Me Purchaser and my
or all of the Purchasers officers, agent and employees from and against my and all claims, 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 Me pan of Me Seller, my of his
contractors, or my of Me Sellers or contactors officers, agent or employees. In case my suit or other
proceedings shall be brought against Me Purchaser, or it officers, agents or employees at my time an account or
by reason of my act action, neglect, omission or default of Me Seller of my of his contractors or my of it or
their officers, agent or employees as aforesaid, Me Seller hereby agrees to assume Me defense thereof and to
defend Me gone at Me Sellers own expense, to pay my and all cost, charges, anomeys fees and other expmus,
my and all judgment that, may be incurred by or obtained against Me Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or eager lint be placed upon or
obtained against Me property of the Purchaser, or said parties in or as a result of such suit or other proceedings,
Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors sill take all safety precautions, harsh and install all guards necessary for Me prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rles and regulations Issued Forstmann thereto.
Revised 07n014