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HomeMy WebLinkAboutPurchase Order 5.23.23City of Diamond Bar 21810 Copley Drive 1,016, Diamond Bar, CA 91765 DIAHIONa BAR Bill TO CH 21810 Copley Drive Diamond Bar, CA 91765 Ship To 21810 Copley Drive Diamond Bar, CA 91765 Vendor 11440 BLINK MARKETING INC DBA BLINK SIGNS, BLINK SWAG, BLINK GLOBAL DBA: BLINK SIGNS, BLINK SWAG, BLINK GLOBAL 1925 ST CLAIR AVENUE NE CLEVELAND, OH 44114 11440 88 Manufacture of Various Park Rules Signs ITEM # DESCRIPTION 1 Manufacture of Various park rules and regulations Signs GL #: 100520 - 54900 $25,000-00 NOT A VALID PURCHASE ORDER UNLESS SIGNED. Fiscal Year 2023 Purchase order Number Purchase order Date Department Required By Ryan Wright Purchase Order Page 1 of 1 02023097 05124/2023 Recreation 05117/2023 1.0000 EACH $25,000-0000 $25,000-00 Total Ext. Price $25,000-00 Authorized Signature Purchasing Copy CITY OF DIAMOND BAR PURCHASE ORDER TERMS AND CONDITIONS 1. Purchase Order. This Purchase Order ( 0") is issued by the City of Diamond Bar ("City") and in accepting payment and/or performing service hereunder, Vendor acknowledges and agrees to accept the terms and conditions herein and to be bound thereby. 2. Warranty. Vendor warrants that all Work shall be performed in a professional and workman like manner in accordance with generally accepted business practices and standards of the industry and the requirements of this PO. All materials, goods and equipment used in or provided by the Work shall be new and fit for the purpose intended in accordance with the Uniform Commercial Code and free from defects, liens and claims. If City rejects delivered goods, Vendor shall reclaim goods at City's location at its own expense. All warranties shall be in effect for a period of at least 90 days or for such longer term of any warranty that may attach to the Work and shall commence upon City taking title to any goods or acceptance of services performed. Title to any goods shall remain with Vendor until City takes possession. Vendor shall, at the City's option, either refund any amounts paid or, at no cost to City, promptly repair, replace or correct any Work that is defective and/or not in compliance with this PO. 3. Payment. City agrees to compensate Vendor for not more than the amount specified in this PO. Payment of the amount specified shall constitute payment in full for all services, goods, materials, taxes, clerical, administrative, overhead, telephone, travel and all related expenses (collectively, the "Work"). Vendor shall submit an itemized invoice for the Work in a form acceptable to the City. City will pay Vendor the amount properly invoiced within 30 days of receipt. 4. Change Orders. City may modify this PO by issuing a written change order. If the change order increases or decreases the time or cost required to perform the Work, Vendor shall notify the City within 10 days of receipt of the change order to obtain an adjustment. If no response is received within that time, Vendor shall be deemed to have accepted the change order without any such adjustment or if the change order contains such an adjustment, then acceptance of such adjustment. No payment for a change in the Work shall be made unless change has been previously authorized in writing by City. 5. Priority of Documents. In the event of any inconsistency between the provisions of this PO and any prior written agreement between City and Vendor under which this PO is issued, the agreement shall control. 7. Indemnification. Vendor shall indemnify, defend and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Work, including, but not limited to any and all claims under Workers' Compensation laws and other employee benefit acts with respect to Vendor's employees arising out of this Pa. It is expressly agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this PO. 8. Termination. The City has the right to immediately terminate this PO with or without cause upon written notice to Vendor. If City terminates this PO without cause, City agrees to pay Vendor for all Work satisfactorily rendered up to the effective date of termination. Immediately upon receiving written notice of termination, Vendor shall discontinue performing Work. The City shall be not liable for any claim of lost profits. 9. Time Is of the Essence. Time is of the essence in this PO. Vendor shall do all things necessary and incidental to the prosecution of the Work. 10. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments and to the extent applicable, the rights and obligations of the City and Vendor hereunder shall be governed by the California Uniform Commercial Code. Vendor shall comply with all Workers' Compensation laws and when applicable, pay prevailing wages and comply with other laws and regulations relating thereto under California Labor Code sections 1720, 1775-1777.7 and 1810. 11. Entire Agreement. Except to the extent provided herein, this PO supersedes all prior oral or written negotiations, representations or agreements. This PO may not be amended, except in a writing signed by the parties which expressly refers to this PO.