HomeMy WebLinkAbout540387 MOGO MARKETING & MEDIA INC - PURCHASE ORDER - 9144352Fort Collins
PURCHASE ORDER
Date: 07/31/2014
Vendor: 540387
MOGO MARKETING & MEDIA INC
14 CRYSTAL CR DR
LARKSPUR CA 94939
PO Number Page
9144352 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 07/31/2014
Buyer:
PAUL, GERRY
Note:
Line Description
Quantity UOM
Ordered
Unit Price
Extended
Price
Service
1 LS
2,500.0000
2,500.00
Down Payment
2 Service
1 LOT EA
2,500.0000
2,500.00
Final Payment
Total $5,000.00
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60130587 is registered with the CcItmmr of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Samples 1973, Chapter 39-26,114 (a).
Goads Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of
damage in tmnir, maybe retumed to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inpecrion. GOODS are subject to the City offirm Collin inspection on arrival.
Final Acceptance. Receipt of the memhandue, services or equipment in mponse to this order can awall in
ambcriml payment on the Iran of the City of Felt Collins. However, it is or be understood Out FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Tents. Shipment, must be FOB., Ciry of ran Collins, TIRI Wood St., Fan Collins, CO 90522, unless
mberwim specified on this order. U permission u given to prepay freight and charge separately, the original freight
bill mar accompany invoice. Additional charces for tucking will not be accepted.
Shipment Distance. when manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point m destination and excess freight will be, deducted from Invoice when
shipments are made from greater distance.
Parmits. Seller shall pmenre at sellers sole cast all necessary Pemaits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the mute, municipality, acontem or political subdivision where
hie work is performed, or required by any other duly constituted public authority havingjudsdiction over the work
of vendor. Seller further agrees to hold the City of Tom Collin harmless from and against all liability and loss
incurred by them by reason of an owned Or esmblisbed violation of any such laws, regulation, ordinances, roles
and requirements.
Authorization. All panics I, this contract agree that the representatives are, in fact Woo tide and Possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition sated
herein set forth and any supplementary, or additional terms and condition annexed herein or incorporated herein by
reference. Any additional or different terms and condition proposed by sailer are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on year
promised delivery date as acted. Time is of the essence Delivery and performance must be efler ed within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panial late deliveries, shall opamm as a waiver of this prover on. In the event ofany delay,
the Pwchaser shall for, in addition to 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 for damages as a reauh of delays
due to causes not reamrably foreseeable which arc beyond its reasonable control and without its fault ofnegligence.
such acts of God, arts of civil or mifunny authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller best received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for hie period equal to the time actually lost by mossn of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
perforated with the highest degree of care and competence in accordance with accepted standard for work of a
-similar nature. The Seller agrees to hold hie purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of ecarrarry. The Seller .bill replace, repair or make
good, without cast to she machner, any defeces or faults arising within one (1) year or within such longer period of
time as maybe prescribed by law or by the tents crony applicable warranty provided by the Seller after the data of
acceptance of the good f ishcl herenal (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or ra mdolm famished by the Seller. Acceptance or use of goods by the Purchaser shall not
onrimte a waiver of any claim under this warea ry. Except as otherwise provided in this purchase order, the Sellers
liabiliry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guzamees, but such liability shall in no e'en include lo%of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mats by writrn change order.
5. CI TANG ES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the were. other dun legal mans, including addition to at deletion from
the quantities originally ordered in the specification or dencomp, by vaTal or reopen change order. If any such
change aRecu the amount due m the time of performnce Internal an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by writer change order, terminate Nis agreement as to any tar all portions of the
goods then rat shipped, Object to any equitable adjustment between the ponies as to any work or materials then is
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompined
portion of the good andor work, for incidental or consequential damages, and that no such adjustment be made in
favor affair Seller with respect as ray goods which are the Sellers sc n ibN stock. No such man cconam shall reline
the purchaser or the Seller ofany of their obligation as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim Jet adjustment most be assMed within thirty (30) days lion the date the change or tetmimnion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been prohmul. sold delivered and Famished in strict
compliance with all applicable laws and regulation to which the goofs are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be
nomporamd in agreements of this clu acre, are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser brimless from all casts and damages sufleled by the Purchaser as a result of the
Sellers failure W comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior amen conenl of the other party.
10. TITLE.
The Seller wpmatts TOIL clear and wraoiaed title to the Purchaser for all Equipment, materials, and it. famished
ur performance of this Movement. five and ulem of any and all limn, restriction, resonation, sacunry immed
encumbrances and claims of others.
11. NON WAIVER.
Failure of the Purchaser to built upon strict performance of the terms and condi run, hereof failure or delay to
any rights or remedies previded herein or by law, failure m promptly notify the Seller in the event of a
breacM1 the mcc nonce ofor Nyment for goods hereunder or uppmval ofrhe design, small not release the Scllcr of
any of the wartanfes or obligations of this purchase oedm and .ball not be deemed a waiver of any right of the
purdlamer to ireist upon strict performance hereof or any of its rights or remedies as for any such good, rMun leor
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modi Gentian or mci.ssion of this purchase order by the Purchaser operate as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAMS.
Seller and the Porch user recognize Out in actual economicm practice, ercbarges resulting from antitrust
♦iolation are in fact home by the Purchaser. Theretofore, For good cause and as mnidea Lion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under Federal or state national has for such m'embmges relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I Idea Purchaser dieecu the Seller to correct nonconforming or defective goods by a rite to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply. the Pr mhascr
may cause the work to be performed by the most expeditious means available or it, and the Seller shall pity all
ws6.... aimed with such work.
Ile Seller shall release the Purchaser and its contractors of any tier from all liabiliry and claims of any, nature
resulting from the Performance ofsuch work.
This release shall apply even in the event of fault of negligence of the was released end shall extend to the
dimers., olfrces and employees of such party.
The Seller's contractual obligaimus, including warranty, shall not be deemed to be reduced, in any way, because
such walk is performed or caused to he perfomtN by the Purrhaser.
14. PATENTS.
Whent the Seller is required! Io use any design, device, autemid or process ro rout by tenor, patent, uademurk
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contact, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged w pay by mason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such smit held to constitute infringement and the tau of
said equipment or pan is mtjoined, the Seller shall, in its own expense and at its option. either procure for the
Pmduscr Ore right to roes i see using said equipment or pro , replace the same with su uouri illy Equal but
noninfringing equipment, or modify it so it becomes noninfnging.
15. INSOLVENCY.
If rile Seller shall become insolvent or badfura t, make an assignment for the benefit of creditors, appoint a
or tra9ee for any of the Sellers property or business, this order may forthwith he canceled by the
Purcase hr without liability.
16. GOVERNING LAW.
The definitions of tern s need Or the intermalation of the agreement and the rights of all parties hereunder shall be
emomod under and ... cmed by the laws ofrhe Sate of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform wady hereunder,
lndudwg hie aervice, m'Sellers Representalire(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Salida own risk until the sane is fully completed and accepted, and shall,
in use of any accident, da a uction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials
and equipment are famished by others for installation or Erection by the Selle, the Seller shall receive, unload,
stare and handle same at the vim and become responsible therefor as though such materials attd/m rquipmcm
were being famished by the Seller under file aNer.
18. INSURANCE.
The Seller shall, at his awn express, provide for the payment of workers compensation, including occupational
disease benefits, ro its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the scale in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insumnce with brdlly injury well death limits of in least S300TW for any one person. S500,000 for any
arm accident and pmpenTh y damage limit per accident of S3oo,000. e Seller shall likewise raryire his
calumnious. if any, to Provide for such compensation and occurrence. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall Nmish the Purtamer with a certificae
that such compensation and insurance have been provided. Such certificates shall specify the dale when such
ampareation and insurance have been provided. Such cenificates shall specify the date when such compensation
and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabiliry for any and all damage, less or injury of any kind
tauter whatsoever to persons Or property rumod by or resulting Gum the execmion of the .,it provided for in
this purchase order or in connection herewith. The Seller will i olvemily and hold harmless the Pmchaser and any
r all of the Purchasers officers, agents and employees from and against any and .II claims, losses, damages,
charges or expenses, whether direct or indirect, and wheher to prison or proom, to which the Purchase, may
Far pm or subject by reason of my act action, neglect, omission or def rd, on the pan affair Seller, any of his
comramors, or any of rate Sells or controctors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of hie Seller of any of his contractors or any Of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume rise defense thereof and an
defend the same at the Sellers Own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments Oat may be incurred by or obtained against the Purchaser or any of its or their officers.
ems or employees in such its m other proceedings, and in case judgment or other lien he placed upon or
obtained option the pmpeny of the Purchaser. or said parties in or as a result of such suits or other proceedings.
hie Seller will a once cause the same an be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall use all safety precautions, but and inmll all guard necessary for the prevention of
mcidenrc, comply with all laws and regulations with regard to safety including, bur without limitation, the
Occupational Saffty and Health Act of 1970 and all rules and regulation issued pursuam thereto.
Revised 07R014