HomeMy WebLinkAbout113129 FORT COLLINS CONVENTION AND VISITORS BUREAU - PURCHASE ORDER - 9150444Fort Collins
PURCHASE ORDER
Date: 01/20/2015
Vendor: 113129
FORT COLLINS CONVENTION AND
VISITORS BUREAU
19 OLD TOWN SQUARE #137
FORT COLLINS CO 80524
PO Number Page
9150444 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 01/20/2015 Buyer: PAUL, GERRY
Note:
Line
Description
Quantity UOM Unit Price
Ordered
Extended
Price
1 Lodging Taxes Distribution
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
850,500.00
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. COMMERCIALDETAIIS.
Tax exempliom. By smmte the City Of Fort Collin isexempt fmm state and local tare. Out Exemption Number is
11. NONWAIVER.
98-04502. Federal Exciae Tax Exemption Certificate of Registry 84-6000587 is registered with tbe Collector of
Failure of the Passionate to insist upon secret performance of We terms and conditiam hereof, failure or delay to
lnmmal Revenue. Denver. Colorado (Ref. Colorado Revised Statute 1973, Chapter I9-26, 114 (a).
exercise my rights or mmmics provided herein or by law, failure, to promptly unify the Seller in the event of a
breach. the acceptance ofew payment for goads beretmder or approval ofthe design, shall not release the Seller of
Goads Rejected. GOODS REJECTED due to failure ta once, spneifiewors. either when shipped of due to defects of
any of the anomalies or obligations of this purchase order and shall net W demand a waiver of any right of the
damage in tattsi,, may W rtatmred m You for c dit and are ewe to be replaced <w,d upon receipt of wisdom
purchaser an insist upon strict performance hwmfor any area rights or remedies as anany such good, ress gardle
concoctions from the City or F.Collins.
of when shipped, received or accepted, m to any poor or subsequent default hereunder, oar shall any arponed
oral modification or recission of this purchase order by the Purchaser operate as a waiver of any of the terms
bipartition. GOODS are subject an the City of Fort Collins inspection on anisnl.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can rival, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
au,honeed payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
rc
Seller and the Purchase mmgni c that N actual a ce p.t,v,, o vaccinator, resulting form n,a.,
ACCEPTANCE is dependent upon completion ofall applicable combat inspection procedures.
violations are in fact theme by the Purchaser. Themomme, for good cause and as consideration for executing this
Purchase order, the Seller hereby ansigrts to the Parchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless
acquired under federal to state a infer t laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Upermission 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.
Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shlpmeen is
expected Now the nemest distribution point W destination, and excess freight will be deducted from Invoice when
shipments are made from greater diameter.
Permits. Seller shall pruure at sellers sole cast all werswary Morris, cMifcares and hominess required by all
applicable laws, begulariorn, ordinances and roles of the same, municipality, territory Or political subdivision where
the weak is Performed, or required by any other duly coretiared public authority having jurisdiction over the work
of vendor. Seller Panther agree to hold the City of Fort Collins Interim fmm and against all liability and No
incurred by them by crown of an snorted or established violation of any such laws, regulations, ordinances, roles
am regaimmrnrs.
Amhmination. All parries to this contact agree that the repremnaative are, in fact, bean fide and possess full and
complete authority to bind said Was.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tetma and emtditions sated
herein err forth and any supplementary ear additional mans and conditions annexed hereto or incorporated herein by
mutterer. Any additional or dilf mot 1. and conditions proposed by sellrr, ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURC14ASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dale as noted. Time is of the essence. Delivery and performance must be effected within the rime
,Died in. the purchase order and the documents mmchrd Timor, No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of mis provision. In the event ofany delay,
the Purebmer shall have, in addition in 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 far damages as a mod, of delays
due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence,
such acts of Gm, acts of civil or military authorities, gevemmmml priorities, flues, strikes, food, epidemics, wars or
hots provided that notice of the conditions causing such delay 6 given to the Purchase within five (5) days of the
time when the Seller firs, received knowledge thereof, In the event of any such delay, the date of delivery shall W
extended for the period equal an the rime acnrally lost by reawn ofthe delay.
I. WARRANTY.
The Seller winners there all good, article, aterials and work coosred by this order will set. with applicable
drawings, specifications, sample and/or other descriptions given, will be lit for the purposes intended, am
MiNa tan with the highest degree of care and compmence in accordance with accepted standard for work of a
similar nmre. The Seller agree in hold the purchaser howless fmm any loss, damage or expense which tie
Pumhamr may suffer or me. on account orfm Sellers breach of warranty. The Seller than replace. rear: or make
good, without cost to the purchaser, any defects or Paula arising within one (1) Year or within such longer Perim of
time as may be preuribed by law or by the temp of any applicable wor ad, provided by the Seller offer ate dale of
cmprence of the goods famished hereunder (acceptance not to W unmwnably delayer), resulting fmm imper g
or defective work done or materials famished by the Seller. Acceptance or rue of good by the Purchaser shall not
constitute a waiver of any claim under this wmmnty. Except a otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately carsmd by the breach of any of the foregoing wmearnes
or guammses, but such liability shall in no event include loss ofpmfts or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEDA[. TERMS.
The Purchaser may make changes to legal teas by wdnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes 10 the tenor, Omer than legal terms, including additions in or deletions from
the quantities originally nNered in the specifications or drawings, by verbal at women change order. If any such
change aReca the amount due or the tin fpcomannarare hereunder, an equitable ndjmne, shall be made.
6. TERMINATIONS.
The Purchaser may or any time by wrinen change order, mocieme this agreement as N any mall Mb. of the
goods then not shipped, subject to try equitable mjosnent benvern the parries as to any work in materials Noun in
progress provided that he Purchaser shall car W liable far any claims fan anticipated profits on me nnumpinN
Portion of flue good andor work, for incidental or consequential damages, and Not u such mjnsnent be made in
favor of fe Seller with re sea, an any good which are me Sellers standard stork. No such termination shall relieve
the Poindexter or the Seller ofany of their.1thatiom m ate try goods delivered hereutder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty, (30) days fmm the dare the change or termination is
ordered.
I. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable Laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws end regulators required to be
incorporated in agreements of His character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pasty shall assign, mamfer, or convey mis order, or try monies due or to become due herender without the
prior wrimen consent ofthe other pf cy.
10. TITLE.
The Seller wamanor full, clear and remembered bile to the Purchaser fan ell equipment. ficamials, and items! shed
n perfommue of Nis agrtmtenm, free and clear of any and all liens, temichism, meserwmm, mean interest
mcumbmnce and claims of.ahers.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a dine to be agreed upon by the
Purchaser and the Seller, and the Seller ehereafter indicates its inability or unwillingness to comply. the Purchaer
may cause the work to W performed by the most expeditions means available a it, and the Seller shall pay all
cons wary imcd with such work.
The Seller shall redeem the Purchaser and its contractors of any tier from all liability and claims of any mane
resulting from the Mr.. ofsuh work.
This mleme shall apply emin in the event of fault of negligence of the perry reacted and shall extend m the
directors, officers and employees ofsuch part,
The Sellers contmetual obligations, including warranty, shall not W droned w W reduced, in any way, because
such work is perfomtm or ..it to be performed by the Purchaser.
14. PATENTS.
Whenever the Seiler is required to use any design, device, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by re of the use of such patented design, device, material or prece connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may W obliged to pay by reason of such
infringement at any time during the prostration or afim rise completion of the work. In cam said equipment, or
any pan thereof or the intended use of the goads, is in such .it held to constitute infringement end the use of
said equipment or pan is a joined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the riiln to continue using said equipment m pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it become noninfringing.
15.INSOLVENCY.
If the Seller shall become insolvent in honkmp, make an restaurant fan the benefit of creditors, appoint'a
or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser willing liability.
16. GOVERNING LAW.
The defnitiom fla. treed or the inner,reation ofthe agrtemem and use rights ofall parties hereunder shall W
command under and governed by the laws ofthe Sane ofColoado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the servicesof Sell. Repremmamive(sk on the prim uses efodters.
19. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work in Sellers own risk until the same is fully completed and accepted, and shall,
in use of any accident, destruction or injury in the work ardtor materials before Sidles frail completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are punished by others for imtallauon or erection by the Seller, the Seller shall receive, national,
store and handle same at the site and became responsible therefor as though such mammals ndfr equipment
were being famished by the Seller seder the order.
18. INSURANCE.
The Seller shall, at his own expense, 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 order,
and/or in their dependents in accordance with the foss ofthe sate in which she work is to W done. The Seller
shall also cony comprehensive gemral liability including, but not limited to, contractual and automobile public
liability insurance with Ismily injury and death limits of at least 900,000 for my one person. S500,000 for any
one accident and property damage limit per accident of SoNTI00. The Seller shall likewise require his
aura hors. if any. to provide for such mmpe=sation and insurumx. Before any of the Sellers or his saturation
employees shall do any work upon the premises of others, the Seller shall famish the Purehmer with a ttnifcam
mat such compensseion am insurance have been provided. Such certificates shall specify the rite when such
compensation and insurance have been provided. Such certificates shall specify the rite when such compmsaation
am insurance epics. The Seller agrees Nor such cmmpmnation and insurance shall be mainmirud until white the
retire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
par Seller hereby inswours the entire resamitole, and liability fan try real all damage, leas or injury ofory kind
or more whatsoever to permits or propery caused by or resulting fmm the execution of He work provided for in
this purchase order or in connection hemvlm. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers oficers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to arsons in property to which ter Purchaser may
W put or subjecr by reason of any am, action, neglect, omission or default on the pm of the Seller, my of his
comments, or any of the Sellers or commetors officers, agents or employees. In case any suit or other
proceedings shall W brought against the Purchaser, m its officers, agents or employees at my time on seem=, or
by crown of any act, action, neglect, omission or default of me Seller of any of his contractors or any of its or
their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sell. own expense, to pay any aral all cma, charges, attorneys fees and other expenses,
my and all judgments that may W incurred by or obtained against the Purchaser or try of its or their officers,
agents or employees in such auto or other proceedings, and in case jmgmmg or other lien be placed upon or
obtained against the Pioneery ofthe Purchnser, ter said ponies in or as a result ofsuch suits or other proceedings,
Ow Seller will at our cause the were to W dissolved am discharged by giving bond or ofervise. The Seller and
his contactors shall take all nfd, precauriom, furnish am install all guard necessary fan the prevention of
accidents, comply with all laws and negotiators with regard w wifely including. but without limimtiu, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant dtereto.
Revised 07=14