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HomeMy WebLinkAbout438171 BIKE FORT COLLINS - PURCHASE ORDER - 9141913City of /11 Fort Collins Date: 04/04/2014 PURCHASE ORDER Vendor: 525168 MANTOOTH MARKETING COMPANY 8334 COEUR D'ALENE DR FORT COLLINS CO 80525 PO Number Page 9141913 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS CO 80524 Delivery Date: 04/04/2014 Buyer: ED BONNETTE Note: PER PROFESSIONAL SERVICES AGREEMENT WITH MANTOOTH MARKETING FOR CHOICE CITY STREETS CAMPAIGN FOR FC BIKES (TESSA GREEGOR). Line Description Quantity UOM Unit Price Extended Ordered Price Consulting Services 1 LOT LS 9,250.00 FC Bikes - Kaiser Grant 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 Total $9,250.00 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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Catharine Of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m Inmmal Revenue, Darner, Colorado (Ref. ColmodO Revised Smtutes 1973, Chapter 39-26. 114 (a). exercise any rights Or remakes provided herein or by law, failure to promptly notify the Seller in the event Of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected GOODS REJECTED due to failure to meet specifications, either when shipped w due to derives of any of the wamario es or obligations of this purchase order and shall not be deemed a waiver of any nght of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its tights Or remedies as to any such goods, regardless corrections Gom are City Of Fort Collim. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tenses Inspection. GOODS are subject to the City Of Tom Collins inspection on amend, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. mob awed payment on the part Of the City of ran Collins. however, it is to be understood that FINAL. Seller and the Purchmer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is depeadmt upon complmi m of all applicable terminal inspection prs. ocedure violations we in fact borne by the Purchaser. ThaUofore,for good cause and as consideration for executing this purchase order, the Seller hereby ansigru to the Purchaser any and all claims it may now have or huca0er Freight Terns. Shipments must be FOB., City of Pon Collins, 700 Wod Sr, Fon Collins, CO 80522, unless acquired under federal at slate antioust laws for such overcharges relating to the particular goods or services Otherwise specified on this order. If permission is given to prepay freight and charge sepumtely, the odgiud freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnnufxturers have distributing points in various press of the country, shipment is I firm Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fro the nearest dinributinn point to destination, and excess freight will be deducted from Invoice when Purchma and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments we made from gasser distance. may cause the work to be performed by the most expectations means available to it, and the Seller shall pay all costs associmd with such work. Permits. Seller shall procure of sellers sole cast all necessary permits, cenifcales and licenses required by all applicable laws, regulations, orch manes and rules Of the state, municipality, mmmry or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any unsure the work is Fabricated, or requited by any other duly contributed public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further ayces to held the City of Fort Collins harmless Gom and against ell liability ad lass incurred by them by reason of an warmed or established violation of any such laws, regulations, ordiaanecs, roles This prince shall apply even in the ,at Of fault of negligence of the Nay released and shall extend an the and regwirs mews, directors, officers and employees ofsuch parry. Authorization. All panics to this contract agree that the representatives are, in fact, born fide and posuss full and The Sellers contractual Obligations, including warranty, shall not be domed as be reduced, in any way, because complete summary to and said parties, such work is performed or caused an be performed by the Purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the an. and candidates stated herein set forth and any supplementary or additional terms and conditions Rancxd hereto or invorpomad herein by reference. Any additiowl or diRcacat reams and conditions propmd by seller are objected to end hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immdiatedy ifyou cannot make complete shipment to arive on your promised delivery dale as noted. Time is of the esswce. Delivery and performance most be eRedad within the time stated m the Implore order and the documents awchd hams No sets of the Purchasers including, without limitarion, acceptance ofpmial late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purehmer shall have, in addition m other legal and equitable /medics, the Option i f placing this orda elsewhere and holding the Seller liable for damages. Howerve, the Sella shall not be liable for damages as a result of delays due to causes not remmiobly Inoperable which are beyond its reasonable coarm] and winos, its fault of negligence, such acts of God, arts arrival Or military mlhorlties, gwemmenml pnoritirs, fires, snakes, flood. epidemic, wars or Hots provided that entice of the conditiom causing such delay is given to are Purchma within five (5) days of the time when the Seller first received knowledge n mbef. In tie even, of my such delay, the date of delivery shall be amended for are period equal to are time actually lost by reason oftlre delay. 3. WARRANTY. The Seller warrants mat all goods, articles, mareriah and work weird by this order will conform with applicable drawings, specifications, sampla and/or other desenPtiom given, will be fir for tie puwoses immdd, and performed with the highest degree of care and carminative in mcnNance with aceeptd sandards fro wank of a similar wmre. The Seller agrees to hold are purchaser harmless from my loss, damage or expense which the Puchiser may safer or incur on account offhe Sellers breach of waranly. The Sella shall replace, repair of make good without cast o the purchaser, my defects Or faults raising within one (I) year Or within such longer Period of time as may be pemenbed by law or by the arms of my applicable wavanry provided by tie Sella after no dam of acceptance of are goods punished hereunder (ncccNmce not to be unreasonably delayed), resulting from imperial Or defective mod: done or rmtmals f ishd by tie Seller. Aaepnnce or m r of goods by Use Purchaser shall Out cowtiture a waiver of my claim trader this ministry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately cowed by the branch of my of the face lOR warentim or gvwmnew, but such liability shall in no event include lass of profits or loss of roc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchaza may make changes to Iegal abuts by waiter change order. 5. CHANGES IN COMMERCIAL TERMS. The Patchroin way make tiny changes to the terms, other than legal terms, including affirm to as deletions from the quarommen tragically Ordered in tie spaifiwtiom or drawings, by verbal or written change order. If my such change Other. tie stun—, due or the time i fpeffomrmce hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchrow may at any time by warren change order, manna this agreement as to my or all Famous of the gmLs then rot shipped, subject to any atchadale adjmtrand between the p.mies as to any work at materials then in Empires provided that tie Purchaser shall or be liable for any claims for anticipated profits on the uncompletd portion of the goods and/or work, for incidental or mmequemial damages, and that no such adjustment be made in favor of tie Seller win respect to any goads which nor the Sellas standard stork. No such termination shall relieve tie Purchasererr tie Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants cast all goods sold hereunder shall have been produced, sold, delivered and furnished in staid compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required 10 be ncor masted in agreements Of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamcess from all costs and damages suffered by the Purchmer as a moult Of the Sellers nilme to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, another, or convey this order, or my monies due or to become due hereunder without the prior wrimen consent of tie other pray. 10. TITLE. The Sella warrants full, clear and vmmtriated title m the Purchaser for all equipment, muterials, and items fumishd In Naomance of this agreement, free and clear of any and all lams, restrictions, reservations, security interest encumbrances and claims i fathers. 14. PATENTS. Whenever the Sella is anciad to use any design, device, mmerixl w Nesexi s reavered by letter, patent, nademwk or copyright the Seller shall indemnify and save harracss the Northerner eons my and all claims for infringement by reason of the use of such Imes al design, device, rammust or Inereas in cramostraim with the cru tr n, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of inch infringement in my time among the prosecution or after the compderion of the wok. In case said equipment err my pan thereof or the intended use of the goods, is in such wit held a mmtitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the night to continue using said equipment or parts, replace the same with substantially equal but rwninfringin, equipment or mdify it wit becomes warranting. 15. INSOLVENCY. If tie Sella shall become insolvent or bmkmpt make an assignment for tie benefit of creditors, appoint a receiver or wsom for my of the Sellers property or business, this order may boatman be canceled by tie Pmmlusee without liability. 16, GOVERNING LAW. The definitions of temts wad or tie intetprtmtion ofne agreement said tie rights of all ponies hereunder shall be romwed under and governed by the laws of the State ofColomdo, USA. The fallowing Additional Conditions apply Only in taus where the Sella is m pert work hereunder, including the service of Sellers Repreuntative(s), on tic parmisea ofonma. 17. SELLERS RESPONSIBILITY. The Sella shall entry on said work at Sellers own risk until the same is fully completed and accepted, and shell, in rase of my accident destruction or injury to that work Radler materials before Sellers final completion and acceptance, complete the wank at Sellers Own expanse and to tic atisfaction of the Purchaser. When warmenah and equipmem arc furnished by avers far installation or ear ion by Ile Sella, the Sella shall receive, unload, were and handle tome at the sit, and become rsponsiblie thcafor in though such mamrids rearfor equipment weer being famished by tbe Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for tie payment cremations compcmalim, including occupa0mml disease benefa, to its employees employed on Or in connection with tie work weird by this puu:hau under, anchor to their dependants in accordance with are laws of tie sure in which the wok Is as be dow. The Sella shall also Gory compmhasive general liability including, but rent limited to, conearctml ad automobile public liability instmence with Fully injury and death limits of at lat r S300,000 for any one permn $500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if my, in provide for such compensation and imumnce. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser will a cenificam that such compensation ad insurance have ban provided Such ver ificata shall specify the date when such compauation and insurance have been provided. Such ccnificaus shall spicily the date when such exmpera dfion and immature expires Ile Seller agrees that such compensation and insurance shall be mainuined mail goer are air. wok is completed and trampled. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes tie entire responsibility and liability for any and all damage, less or injury of my Crest or nature whensoever to persons or property caused by or resulting farm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any r all of the Purchmers officers, agents end employees from and agaial any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persow or property to which the Purchaser may be put or subject by rrason of any act, action, neglect, omission or default on the pan Of the Seller any Of his omment , or any of the Sellers or contractors officers, agents or employers. In case my suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at my time on account or by reason of any tut, action, neglect Omission or default of the Seller of any of his wnrmdon or any of its or their officers, agents or employees ss nforeaaid, the Seller herby agrees to msume fart defense hereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, auomeys fees and Other expenses, any and all judgments that may be inmrad by or obtained agalost the Purchaser of my of its or Heir officers, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Puncheon, or said parties in or as a asult ofsuch suits or ofer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractions shall take all safety precautions, famish and insmll all gurrds necessary for the prevention of accidents, comply with all lave and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all mars and regulations issued pursuant thereto. Revised 03k010