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HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9150324Fort Collins Date: 01/14/2015 Vendor: 518297 SLATE COMMUNICATIONS 425 W MULBERRY ST #205 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9150324 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 01/14/2015 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Transfort Marketing per Work Order #2, attached 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 25,000.00 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 1. COMMMERC1AL DE TAILS. Tax exemptions. By stamee the City of Tom Collins isexempt firm state and local taxes. Our Exemption Number is II.NONWAIVER. 98 045W. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u reginered with the Cullmur of Failure of the Purchaser to insist upon strict perfomance of the toms and conditions hereof, failure or delay . Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stained 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure 1. promptly notify the Seller in the ,at of a breach, the acceptance ofar paymrnt for goods hereunder or approval of the design, shall not release me Seller of Goods Rejected GOODS REJECTED due to failure. meet specifications, either whom shipped or due to defects of any of the warranties or obligations of this purchowe order and shall not he deemed a waiver of any right of the damage in mount. may b, resumed to you for credit and are not to h replaced except upon receipt of wimm, purchaser W insist upon strict Palestmantt hamper any of its rights or remedies as to any such goods, te,miless instructions from the City effort Critics. of when shipped, received or accepted, re to any prim or subsequent default hereunder, nor shall any purposed oral modific rion 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 of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, suaryince,r or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthdzed payment on me part of the City of Fort Collins. However, it is to the understuod that FINAL Seller and the Purchaser recognize that in actrul economic practice, overcharge resulting from antitrust up ACCEPTANCE is dependent on completion ofail applicable required m inspection pcommi. violations am in fact homm e by the purchaser. Theoforenfor good cruse and as consideration fm executing this purchase order, the Seller hereby assigns to me Parchssn any au all claims it may now have or hereafter Freight Teress. Shipments must be F.O.O., City of Fort Collins, 7W Woad St, Fort Collins, CO 80522, unless acquired under federal in state antitrust laws for such overeharges relating m the particular goods or services otherwise specified on this order. if permission is given. prepay freight and charge separately, the original freight purchased in acquired by the Parommor pursuant in this purchase order. bill must accompany invoice. Additional carriers for packing will nor be accepted. Shipment Distance. Where manufacturers have distributing paints in various pens of the country, shipment is exported fmm the nmrem distribution Point to destination, and excess freight will be deducted form Invoice when shipments are made from greater distance. Permits. Seller shall procmre at sellers to cost all va., permits, ttnifcates and he. required! by all applicable taus, regulations, ordinances and sales of the state, rwicipoliry, territory in political w1al sion where the work is performed, or required by any other duly mrstimtnd public amhoriry havingjurmaliction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss erred by darn by mason of an reamed a, established violation of any such laws, regulations, ordinances, talcs and requirements. Authorization. All passive . this contract agree that the representatives are, in fact. hoas Ede and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pu lecom Order expressly limits acceptance to the toms and conditions stated herein set Posh and any aupplonnowary or editor..[ terms and conditions reanexed From. or incoryom al herein by reference. Any additional or ditTermuerms and conditions proposed by seller are objected. and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery derto as noted. Time is of the essence. Delivery and performance most be effected within me time stated on the picas order and the documents attached here.. No acts of the Purchasers including, without limitation, acceptance of partial late delivcder, shall operate in a waiver ofmis provision. In the event of ery delay, the Purchaser shall have, in addition to other legal and equitable remalies, The option of placing this order elsewhert and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result cf delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofneglignme, such aces of GOJ, as of civil or military authorities, govemme ral priorities, fires, strikes, Omal, epidemics, wars or riots provided that notice of me conditions causing such delay is given. the Purchaser within five (5) days of the time when the Seller fast received knowledge Thermf. In the evert of any such delay, the &ter of delivery shall be extended for the ponied equal . the time actually last by Room of the delay. 3. WARRANTY. The Seller wammes that all gvo ls, anides, mateAab and work covered by This order will confirm with applicable drawings, specifmtions, samples ninon other descriptions given, will h fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fur work of a similar name. The Seller agrees to bold the purchaser harmless from any lass, damage or expense which be Purchaser may suffer or incur on account of me Sellers breach of warranty. The Seller shall replace.repair or snake Spend, widwut cost to the purchaser, any defects or faults arising within one (1) year or within such longer'mod of time as may be prescribed by law or by the terms ofany applicable wereanry Resided by the Seller after me date or acceplaIXe of the goad f fished hereunder (acceptance cot to the umeaw.bly delayed), resulting firm imperfect or defective work done in nationals fumrshed by the Seller. Acceptance or use of goods by the Furehssal shall not onsti.te a waiver ofany claim under this worfanry. Except as otherwise provided in This purchave Via, the Sellers liability hereunder shall extend. all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Rucbasef may make Changes to legal terror by writum change We,. 5. CHANGES IN COMMERCIAL TERMS. The pu.haser may make any changes to the terms. Omer than legal is., including additions to or deletions firm ,he 9uunitie. originally ordered in the spolificroi rn, or drawings, by verbal or written change order. If any such change affects the amount due or the time of per6mnnee hereunder, on equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may many time by written change cola, terminate this agreement as to any or all portiuew of the good then net shipped, subject. any equitable adjnstmmt between the parties as to any work or materials then in farmers pmvided mat me Pambasef dull not be liable for any claims for anticipated profits on me uncompleted potuon of me good retailer work, for incidental or consequential damages, and that no such adlustmrmt be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such temniwlion shall relieve the Purchaser or the Seller ofany of their obligations ses to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most h assured within mirry (30) days from me date me change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller vormans that all goods sold hereunder shall have been roxf red, sold, delivered and formil ed in suic, compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documents as may be rquimd to effect or evidence compliance. All laws sad regulations required in be ncmpom sad in agreements of this character are hereby incorporated herein by this reformer. The Seller agrees to indemnify and hold the PurcM1aser harmless fmm all costs and damages artificial by the Purchaser as a result of the Sellers failure to comply wins such law. 9. ASSIGNMENT. Neither perry shall assign, monster, or convey, this mden or any monies due or to become due hereunder without the prior wrium consent of me otherpany. 10. TITLE. The Seller warrens full, clear and unrestricted title to the Purchaser for all equipment, materiab, and items famished! in performance of this agreement, free and clear of my and all li.s, restrictions, reservations, security interest .cumbrances end claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by 16e Purchaser and the Selleq and the Seller thermRer indicates its itabiliry ar unwillingness to comply, the Purchaser may mouse, the work to or pvmnned by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall relowe the Purchaser and its ammeters of any net from all liability and claims of any na.n, resulting from the par... of such work. This release shall apply even in the event of fault of negligence of the party releaseil and shall extend to the directors, officers and employees of such puny. The Seller's contractual obligations, including warranty, shall tort be deemed. be reduced, in any way, taeame e such work is performed or caused to h performed by the Pu¢haser. 14. PATENTS. \Yhenev. me Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by reams of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser, far any cost, expertise or damage which it may be obliged w Pay by reason of such infringement at any time during the prosecution or after the completion of the work. In care said equipment, or any pas therm(or the imeMN use of the goods, is in such suit held to rnnstimte infringement and one use of said equipment or pan u .join H, me Seller shall, at its own expense and at its option, either pmeme for one Pauli me tight to continue using said equipment or pans, replace me same with substantially equal but naninlringing equipmmr, ar modify aao it becomes oaninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankfam, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers propmy or business, this order may forthwith be canceled by the Purchaser WAverm liability. 16. GOVERNING LAW. The definitions of lams used or the interpretation of the agreement and me rights of all parties hereunder shall For wnstmed under and gmemed by me laws ofthe Sme of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including me services of Sellers Represenmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk wtil die same is fully completed and accepted, and shall, on use of any accident, desmuction or injury to The wear snaps, materials before Sellers final completion and acceptance, complete the work at Sellers own expense and or the satisfaction of the Purchaser. Victim firmai 0 and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being f rmished by the Seller under the order. 18. TNSURANCE. The Seller shall, in his own expenese, provide for me payment of workers compensation. including occupational disease benefits, to its employees employed on or in connection with The work covered by this Purchase coder, similar to their dependents in accordance with the laws of me site in which the work u to h done. The Seller shall also carry comprehensive gcneml liability including, but not limited to, emotional and automobile public liability insurance with wily injury and death limits of at least S300000 for any one person, $300,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his correction, if any, to provide for such compenaation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser wins a certifrezter that such compensation and insurance have been provided. Such rectifications shall specify the date when such compensation and Resonance have been provided. Such certificates shall specify the date when such comlxonmtio s and evermce expires. The Seller agrees the, such compensation and insurance shall the rtaintained-61 after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby exam es the entire responsibility and liability fin any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this punchax corder or in mrnectisn herewith The Sell. will indemnify and hold hannles5 the Formosa, and any or all of the Remittances office, agents and employees Iran and against any and all claims, loses, damages, charges m capeses, whether direct or indirect, and whether to persons or property. which the Freshener may be par or subjec, by reawn of any act, a non, neglect, omission or default on the pan affair Seller, any of his comments, or any of me Sellers or ontractors officers, agents or employees. In com any suit or other proceedings shall be brought against the Purchaser, or its officers, agms or employees at any time as account or by reason of any not, ounce, neglect, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume The defense thereof and to defend the same at the Sellers own expense,. pay any and all cars, charges, avoreye fees and other expenses, any and all judgments that may be incurred by or obtained against Re, Purcban or any of its or their oRcm, agents of employees in such suits or other pmmedimp, and in cam judgment or order firm h placed upon or obtained against me property ofthe Purchaser, or said pubes in or as a result of such suis or other proceedings, the Seller will at once cause the same. b, dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all salary precautions, Rai and install all guard 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 and all tales and regulations issued pursuant thereto. Revised 07=4