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HomeMy WebLinkAbout436804 A-TRAIN MARKETING COMMUNICATIONS INC - PURCHASE ORDER - 9136822PO PURCHASE ORDER 913682er Page C117/ of PURCHASE 36822 1 of z Flirt Collins( his number must appear !_\V`I ` V �7 on all invoices, packing sli s and labels. Date: 08/29/2014 Vendor: 436804 Ship To: A -TRAIN MARKETING COMMUNICATIONS INC 125 S HOWES ST SUITE 502 FORT COLLINS CO 80521 CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 12/20/2013 Buyer: ED BONNETTE Note: PER RFP 7572 AWARD & CONTRACT TO A -TRAIN MARKETING. Line Description Quantity UOM Unit Price Extended Ordered Price 3 Reduce PO Funds 1 LOT EA-1,340.00 Total-$1,340.00 ij+�i(Yill 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 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 I. COMMERCIAL DETAILS. Tax exemptimss. By same be Ciry affair Collins e, exempt fmm state and local taxes. Our Exemption Number is I L NON WANER. 98-put Federal Excise Tax Exemption CmiGcam or Registry 84-6000587 is registered with the Collator of Failure of be Purchaser to insist upon stria pert ance of the more and conditions hereof, f ltue or delay to Internal Revenue, Deaver. Colorado (Ref. Colorado Revised Sumter 1973. Chapter 39-26, 114 (a). exercise any rights or comedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval afthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to at specifications, either when shipped or due to defects of any of the —counties or Obligations of Ihis purchase order and shall not be deemed a waiver of any right of the damage in brown, may M returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collin. of when shipped, nacived Or accepted, as to any prior or s fteemeat default hereunder, nor shall any purpaned am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temrs Impaction. GOODS are subject o the City of Fort Collins inspection on arrival. thereof. Final Acceptance. Ra,aPt Of the merchandise, services Or equipment in response m this order amn result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is m be understood botFINAL Seller and the Purchaser reactance Ilal ittactual economic practice, overcharges resulting fromsouea ACCEPTANCE isdependentuponcompletion ofall applicable required inspection procedures. violations, are in fact home by the Pumhmer.Theretofore,for good cause and no consideration fro executing this purchase order, the Seller hereby assigns to the Purchases any and all claims it may now have or heredfer Freight Terms. Shipments most be F.O.R. City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or sate antiwst laws for such overcharges relating to the prnicular good or smices otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased Or acquired by the Purchaser pursuant to this purehase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser direce the Seller to coned nonconforming or defativc goods by a date to be agreed upon by be expected Room be marmot distribution point in destination, and crass freight will le ddtmtd from Invoice when Purchaser anal the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, be Purchaser shipments are made from greater distance may cause the work to b< performed by the most expeditious means available to it, and the Seller shall Pay all casts auociated with such work. Pennies. Seller shall procure at sellers sole cost all ire scary permits, certificates aml licenses required by all applicable laws, regulations, mdi rmoo, and rules of the slate, muaicipelity, father, or pulltical subdivision where the work is Fathomed, or required by any other duly constituted public authority, havingjunsdichon aver the work of vendor. Seller fuller agrees to had the City of Fan Collins hmmless fmm and against all liability and loss incurred by them by recmn of an round or established violation of any such laws, regulations, ordinances, mles and requirements. Authorieaion. All parries W this contract agree that the represenmrives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accordance to be terns and conditions stated herein set ford and any supplementary or additional dams and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pno,md by seller are objected m and hereby rejamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ryan cannot make complete shipment to arrive on your promised delivery dam as mated Time is of the assume. Delivery and performance muss be effected within the time stated on the purchase order and the documents attached harem. No east of the Purchasers including, without limitation, acceptance of Wnial late deliveries, shall opomm as a waiver of this provision In the event ofay delay, the Primmer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ihowever, the Seller shall not be liable for damages to a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military ambociics, gm'emmental Routine, Gres, stakes, Bond, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purehmer within fire (5) days of the rime when be Seller first received knowledge thereof In the ever of any such delay, the dvto of delivery shall be extended fur the named of m the time actual ly lost by reason of the dewy. 3. WARRANTY. The Seller wamne thsl all good, aide , malenals and work covered by this order will conform with applicable drawings, specifications, samples annpor other descriptions givens will be fit for the purposes intended, and performed with the highest degree of cam and competeme in accordance with .anomptd standards for work of a similar nature. The Seller agrees to hold the purchaser heartless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goal without at to the purchaser, any dokas or faults arising within one (I) year or within such longer period of time or may b, proacnbed by law or by the team of any applicable warranty provided by the Seller after the date of acceptance of the goals f fished hereunder (acceptance not to to unreasonably deleyod), resulting fmm Imperfat Or defealve work done or maerials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstimm a waiver of any claim under his warranty. Except as aferwiec provided in this purchase order, the Seller, liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing ormaralies or guarantees, but such liability shall in no event include loss of pmfirs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by corm n shearige order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change* ux the mher than legal to ncluding addition, m or delaimw from he quantities originally ordered in the specifications or drawings, by verbal or waltren change order. If any such change affair the amount due m the rime .Teruo rename, hereunder, an equitable ad t.tmntt shall be nude. 6. TERMINATIONS. The Purchaser may at my time by written change order, germinate this agreement as to any or all nations of the goods then Out shipper, subject to any equitable adjustment between be parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted ,.ion of the good and/or work, far incidental of consequential damages, and been no such ndjtstmem be made m favor of the Seller with restrict to any goods which a the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of any ofbeir obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim fro adjustment muss be nsenad within thirty (30) days from he dam be change ar termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants hat all goods sold hereunder shall have been produced, sold, delivered and hriabod in strict compliance with all applicable laws and regulations to which be goods are subject. The Seller shall execute and deliver such documcm as may be required to effect or evidence compliance. All laws and regulations required ro be incorporated in agrernrcrds of this character are hereby nationalist herein by his reference, The Seller agree to indemnify and hold be Purchaser harmless fmm all costs and darrrages suffered by be Purchaser as a result of be Sellers failure m comply wilh such law. 9. ASSIGNMENT. Neither parry shill cosign, tnmfor, or convey cos order, or my monies due m to become due hereunder widwm be prior xarm consent of the other parry. 10. TITLE. The Seller warann full, clear and unrestricted title to the Purchaser for all equipment, materials, and room fumishd in Performance of this agreement, fora and clear of my and all liens, rcmicture, reservations. secmnry interest encumbrances anal claims ooffiat The Seller shall release the Purchaser vad its contractors of any tier from all liability and claims of any nature walling from the performance of inch work. This release shall apply even or the event of fault of negligence of the Parry trimmed and shill extend to be directors, arrears and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, beware such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required Ir use.1 design, device, material or process commit by lever, Patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device, tnmmd or process in connection with the contmd, and shall indemnify the Trachoma far any cost, expense or damage which it may be obliged to pay by reason of such infringement m any time during the prosecution or after the completion of the wrack. In case said quipmem. or any pan thereof or the intended use of the goads, is in such suit held to camtimo infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninGtnging. 15. INSOLVENCY. If the Seiler shall become insolvent or bard p . make an assignment for be berth of creditors, appoint a reareiver or trustee for any of the Sellers property or business, this oiler may fonhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. no definitions arm. u ial or the interpretation of the agreement and the fights of all James hereunder shall be combined ander and govemed by the laws ofhe Stem of Colorado, USA. The following Additional Conditions apply only in cases where the Seller h to perform work hereunder, including the smices of Sellers Representative(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work or Sellers own risk ,it the some is fully completed arW accepted, and shall, n cam of my accident, destruction or injury in the work mNor materials before Sellers find completion and acceptance, complete the work at Sellers own expense and in the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the six and berme responsible therefor at though such materials and/or qulpmmt were being fishd by the Seller under the order. .. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, to 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 be slide in which the work is to be done. The Seller shall also carry comprehensive general liability including, but Out limited to, ornamental and automobile public limilay insurance with bodily i jury and dmW limits of at least S30g00o for any one Person, S500,000 for any one accident and property, damage limit per accident of S400,00g. The Seller shall likewise rquim his contractors, if any, to provide for such contraction and amormarove. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a comficote that such compensation and insurance have ban provided Such c rifiaams shall specify the date when such ompensation and insurance have been provided. Such certificates shall specify be dam when such compensation and insurance expires. The Seller agrees that such compensation and ine rnace shill Ins maintained until after be entire weak is complef and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofmry 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 com aion hearef The Seller will indemnify and hold harmleess the Purchaser and any or all of the Pmchmers officers agco rs and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on be pan of the Seller, any of his commaure, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bmught against the Purchase, or its officers, agents or employees at my time on account or by reason of my act, action. neglect, omission or defult of be Seller of my of his contractors or any of its or heir officers, agents or employees as aforesaid be Seller hereby agrees to assame be defense thereof and to defend the same at he Sellers own expires, to pay any and all cove, charges, moneys far and other expenses, any and all judgments 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 judgmcm or other lien be placed upon tar obtained against be property ofhe Purchaser, or said Justices in or as a result ofsuch suits or obey proceedings, be Seller will at once tame the same to be dissolved and dischargd by giving Fond or otherwise. The Seller and his contractors shall take all safety pramtime, f ish and install all guard necessary for be prevention of eeicents, comply wit all laws and regulations with round to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmnt thereto. Revised OJ2014