HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 9150744PO
PURCHASE ORDER 915074er Page
CI�/ of PURCHASE
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t Collins( hisnumber must appear
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sli s and labels.
Date: 02/02/2015
Vendor: 102408
PIONEER PRESS OF GREELEY INC
2965 27TH AVE
GREELEY CO 80631-8531
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 02/02/2015 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CityNews Printing
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
23,700.00
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. COMMERCIAL DETAILS.
Tax examinants. By storm the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sondes 1993, Chapter 39-26. 114 (aL
Goods Rejected. GOODS REJECTED due to ftilum to men specifications, either when shipped or due to defers of
damage in commit, may be resumed to you for credit and are not m be replaced except upon receipt of written
insuuctions from the City of Fort Collins.
ImpaOon. GOODS are subject to the City or Pon Collins inspection on armlval.
Final Acceptance. Racily of he readrandi., services or equlpmen, in response to this order can result in
authorized pymenl on the Prat of the City of Fair Collins. However, it is to d understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection praedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless
Otherwise specified on his order. If permission is given to prepay, freight and charge simmalely, the origln.l freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is
expected from the nmmso d¢Wbmian point to destination, and excess freight will be dedund from Invoice when
shipments are trade from {9eater distance.
Pmnits. Seller shall pmeaa at sellers sale cost all necessary Permits, cenifmles and licenses required by all
applicable laws, regulations, ordinances and tales of he state, oun icipality, territory or political mbdwision where
the work is performed, or required by any other duly constituted public authority having juriichedion ova the work
of vendor. Seller further agrees to hold the City of Fort Collim hmmless form and against all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, tales
and requirements.
Authorz tint. All parties to this ..nod some that the reprtarrandives are, in fact, bom fide and possess full and
complete authority to bind said panes.
LIMITATION 01; TERMS, This Puremew Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditinm annexed Nettle or incmpomted herein by
reference. Any additional or different tams, and conditions proposed by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imtadutedy Hying cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the mseae. Delivery and performance mnst be effected within he time
stated on the purchase order and the documents coached herem. No acts ofthe Purchasers including, without
limitation, acceptance.17,mo l lute deliveries, shall operate as a waiver of this prevision. In the event of any delay,
the Purchaser shall have, in addition in other legal and egnimble remedies, the option ofplacing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays
due m causes not reasonably foreseeable which are beyond its reasonable control and without in fauh of negligence,
such arts ofGod, cots of civil . military authorities, gm'amnenml priorities, fins, strikes, Good, epidemics, wars or
riots provided that notice of the mditiots causing each delay is given to the Purchaser wihin five (5) days ofthe
time when the Seller first received knowledge hereof. In the evert of my such delay, the date of delivery shall x
extended for the period equal to he time socially lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, mamals and work covered by this order will conform with applicable
drawings, specifications, samples ands or other descriptions give, will be fit for the purposes intended, and
performed with the highest degree of core and competence in accordance with occipital stadard for work of a
similar .sure. The Sella apace, to hold the pursluser harmless form any loss, damage of expense which the
Purchaser may sufferer incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
,band, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer peril of
time as may be prescribed by law or by the terms of any appl icable warranty provided by the Seller after the date of
nominative of he goods fmishd hereunder Acceptance not Ira be uammus ably delayed), resulting fmm imperfect
or defective work done or materials furnished by he Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of my claim under his warranty. Except es otherwise Provided in this purchase order, he Sellers
liability hereurda shall extend to all damages proxim.ely caused by me breach of my of he foregoing wumanties
err guaantces, but such liability shall in no event indtde, loss of prafi. err loss of use. NO IMPLIED WARRANpY
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 my changes to the terms, other thin legal term, including addamars, to or deletions from
The quantities originally ordered in the spmlfcallom or drawings, by verbal or.... change order. If any such
change vRens the amount due or the time ofperfarmmse, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
'no Purchaser may at any time by written change order, terminate This agmemmn as m any or all potions of the
goods then not shipped, subject to any equitable dj.tment between me parties m to any work car maenads then in
progress provided that the Purchaser shall not be liable for any claims for amicipted profs on the uncompleted
Ionian of he good and/or work, for iaidennd or commquemial damages, and that no such adjustment be code in
favor of the Sella with respect to my goods which are the Sellers standard stock. No such termination shall relieve
The Purchases or the Seller of any of their ablipl om as to any Funds delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wartms that all goad sold hereunder shall have been produced, sold, delivered and f nnishd in strict
compliance with all applicable laws and regulations to which the goods am subject. The Sella shall execute and
deliver such documents m may be required to effect of evidence compliance. All laws and regulations required] to be
namita raled in agreements of this chamemr am hereby incorporated herein by his reference. The Seller agrees to
indemnify and hold the Purchaser hmanl as from all costs and damages supposed by the Purchaser as a retail of the
Sellers failure to comply with such I.,
9. ASSIGNMENT.
Neither party shall assign, uansfer, or convey Otis miss, or any monies due or to become due haeuder withoa The
Prior written Co.., mane ome, P.M.
I TITLE.
The Seller warrants full, clear and unrestricted title to he Purchaser for all equipment, materials, and items fumisM1ed
in peromance of this agreement, free and dear of any and all Item, resldetans, reservations, arcurity interest
rncumbrances and claims of omers.
II.NONWAIVER.
Failure of the Purchaser to insist upon strict performance ofthe to= and conditions hereof, failure or delay to
examism any rights or remedies provided herein or by law, failure or promptly antify me Seller in the evert of a
breach, Um acceptance for pymrnt for goods hereunder or approval ofthe design, shall Out On. me Seller of
my of the warrantim or obligations of this purchase order and shall not be deemed a waiver of any right ofthe
purchaser to hoist upon strict performance Hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, m to my prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by me Purchaser operate as a waiver of any of the terms
haeof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and The Poodamer recognize That in actual economic: practice, overcharges resulting from mlitru,l
violations on, in fact theme by the Par bscom. Thertmfore, for good wise and ns consideration for executing this
purchase orda, the Seller hereby assigns to the Purchaser any and all claims it may now have or hertaflct
acquired under Exhaust ar stare amiwst laws for such overcharges relating to the Particular goods or cause,
purchased or acquired by the Purchaser pursuam to his purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser directs the Seller to correct nonconforming or defective goads by a date to he agreed upon by me
Producer ad he Sella, and the Sella thnwRer indicates its inability or unwillingness. comply, the Pumbasa
may pose me work to be performed by me most expeditious means available to it and me Seller shall pay all
costs msaci.ed with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
esulting from me performance of such work.
This releatt shall apply even in the event of fault of negligence of the party released and shall extend or the
directors, officers and employees of mush party.
The Sellers com.aual oblig.iom, including wamnry, shall not be dared to be reduced, in any way, because
such work is performed or caused to be pfirformd by the Purchaser.
14. PAl'ENTS.
)WImnever the Sella is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of no use of such Pater td deign, device, ra tenal or process in communion with the Tourist( and
shall indemnify he Pumbsser for my cost expense or damage which it may be obliged to pay by reawa of such
infringement at any time during me prosecution . after the completion ofthe work. In case said equipment, or
any Pan thereof or he intended use of The goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, he Seller shall, at its own expense and at its option, either pmcme far the
Purchaser the right to continue using said equipment or From, replace he same with substantially equal but
noninfringing equipment, or modify it see it becomes noninfringing.
15. INSOLVENCY.
If me Seller shall bacame Insolvent a baNmpl, make an assignment for the beaef of andlmn, appoim a
receiver or bastes for my of the Sellers Property or business, this order may forthwith be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all patties thereunder shall be
amounted ed under and governed by the laws ofthe State ofCalorado, USA.
The following Additional Conditions apply only in news where dies Seller u m at.. weak Remainder,
including the services of Sellers Reprtunalivga), on the premises of odurs.
17. SELLERS RESPONSIBILITY.
The Seller shall one, on said work at Seller's awn risk until the more is fully completed and accepted, and shall,
in se of my accident, destruction or injury to the work and/or materials before Seller's Oral completion and
acceptance, complete me work at Sellers own expense and m The satisfaction of me Pachmer. When materials
and equipment, am fumivhul by others ter momlli nion or mention by the Sella, the Seller shall receive, udoad,
same and hadle sane at the she and became responsible mere(er as though such mammals nrmNor equipment
were being mentioned by me Sella coda me orda.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the pvymrnt of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with me work covered by This purchase ordeq
and/or to their dependants in accordance with the laws of the some in which me work is to be done. The Seller
shall also carry comprehensive general liability including, but Out limited m, contrznual and reco mobile public
liability mareame wins bodily injury and death limits of. least S300,000 for any eve person, S500,000 far may
one accident and property damage limit per occident of S400,000. The Seller shall likewise require his
contractors, if any, To provide for such compensation and insurance. Before my of the Sellers or his contmcmrs
employees shall do any work upon the premises Of others, the Sella shall famish the Prmbmer with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
comparison. and imumnce have been provided. Such certificates shall specify the date when such compensation
and announce expires. The Seller agrees That such compensation and insurance shall be maintained moil after The
"tire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass ones the entire responsibility and liability for my and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
cr all of the Purchasers nlficers..,ams and employees form ad against any and au claims, losses, damages,
harges or expenses, whether direct or inducer, and whether to persons or property to which me Purchaser may
be par ear s.bjw by reason of any act action, region, omission err dehul, on no pan of de, Sellerany of his
conlmcfors, or my of the Sellers or convenors officers, agars or employees. In cage my suit or other
proceedings shall W brought against the Purchaser, or its officers, agents or employees at my time an account or
by reason of my act, action, neglect, omission or default of The Seller of my of his contractors ar any of its or
their Icars. agents or employees as of said, the Seller hereby agrees to assume me defense thereof and to
defend the sane at me Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgmrnts that may be incurred by or obtained against the Purchaser or my of its or their officers.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
chaddd against the property of he Purchaser, m said parties in.. is result ofmch suits or oche, Proceedings,
The Sella will of ono cause me same,. d dissolved and discharged by giving Ford or otherwise. The Sella vd
his contm.ors shall take all safety precautions, fumuh and install all goads oeoessary, for the prevrntion of
accidents, comply with all laws and regulations with regard to safety including, but without llritalion, the
Occupational Safety and Health Act of 1920 and all talcs and regulations issued pursuant thereto.
Revised 072014