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HomeMy WebLinkAbout540387 MOGO MAREKTING & MEDIA INC - PURCHASE ORDER - 9145148Fort Collins Date: 09/0812014 PURCHASE ORDER Vendor: 540387 MOGO MARKETING & MEDIA INC 14 CRYSTAL CR DR LARKSPUR CA 94939 PO Number Page 9145148 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: 09/08/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Cirque Mechanics Campaign Lincoln Center 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:pumhasing@fcgov.wm 1 LOT LS Total 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Port Cull ins is exempt fmm state and local axes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofhe Purchaser In insist upon strict performance of the terms and conditions hereof, failure or delay fo Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acaepfance ofor payment for goods hereunder or approval of the deaign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m racer specifications, either when shipped or due to defects of any of the wananoes or obligations of this purchase aide, and shall net he deemed a waiver of any right of the damage in M1a.it, may he retomN m You for credit most are not rt be replaced except upon receipt of written purchaser to insist upon strict perfomaace hereofor any of its rights or remedies as to any such goods, regardless irntmaions from the City of Fort Collins. of when shipped, received or vamplad. a to any prior or subsequent default hereunder, rmr shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the lern¢ Inspection GOODS arc subject to the City of Fort Collins inspection on anival. hereof. Final Acceptance Receipt of the fervicndis, se e quip r ement in responseo to this nla, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of TonCollins. Ilowevt, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anlinust ACCEPTANCE is dependent upon completion of all applicable required inapectionpmcedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hromter Freight Terms. Shipments must Is, EOD., City of Fort Collie. 700 Wand St, Fort Calling, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise spccifiM on this oMe, If permission is given in prepay freight and charge separately, the argued freight purchased or sectored by the Purchaser protection to this purchaic order. bill must account invoice. Additional charges for packing will nut he accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted going Invoice when shipments are made from greater distance. Permits. Seller shall pmeure at sellers sole cost all necessary permits, certificates and licemes required by all applicable laws, regulations, ordinances and rules will, sure, municipality, mmmry or political subdivision where the work is Perfrned, or required by any other duly corafimted public authority havingymivliction over the work or vendor. Seller further a,-- 1. bold the City of Fen Collins harmless from and optima all liability and lows; aincurred by by theby reaof an asserted or established violation of any such laws, regulations, ordinances, roles nd requirements. Amhoriantion. All parties to this contract agree dot der representatives are, in feel, bona fide and prase.. full and omplete -firmly m Find said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the names and conditions soled herein in fah and any mpplemcoury or oR ilic nal reran and mndlemiss annexed herelo or incorporated herein by reference. Any additimial or differentia. and wndirians proposed by seller are oSomlfo and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifynu cannot make complete shipment to active on your promised delivery date as noted. T'in+e is of the essence. Delivery and performance must be effected within the time stated on fire purchase coder and the documents attached hemp. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opemm as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addifion to ether legal and equitable remedies, the option of placing Ibis order elsewhere and holding the Seller liable for damages. Ihowever, the Seller shall net be liable for damages as a resin, of delays due to anus rent reasonably foreseeable which ate beyond ill reawvble marl and without its fault afnegligance, such acts official, acts offered or military amho dus, govemmenml pnarifics, fires, strikes, flood, epidemic, wars or nors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of tbo time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shill be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specificatiom, samples We, other, daudpliom given, will he fit for the purposes intended, and Performed will the highest degree of cart and competence in accordance with accepted sun cant for work of a similar rotate. The Seller ogees to hold the purchaser harmless (ram any lass, damage or expense which the Purchaser may suffer or incur oar seompt of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects err faults arising within one (I) year m within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance of the goods famished hereunder (occepmnce rim m be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use Of goods by the Purchaser shall not consulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, fire Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing.,a- or guarantees, but such liability shall in no event include loss ofpmNs or loss opine. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchurmay make any changes to the terms, other than legal tames, including addhlom a or deletions from the g+antiimsoriginally ordered in the spoeilicalions or drawings, by verbal or w'fiaen change order. If any such change affect the amoum due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Pucbaer may at any time by writer change order, terminate this agreement as to any or all porticos of the goods then not shipped, subject to any equitable adjustment berween the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated tariffs on the uncompleted Portion of the goods ondlor work, for incidental or consequential damages, and that no such adjustment be made in favor of life Seller with respect to any goods which are the Sellers standard stock. No such terminmion shall relieve fire Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty J301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may Is, required to effect or evidence compliance. All laws and regulmiom required to be incorporated in agreements of this character are hereby lucmporated herein by this reference. The Seller agrees to itdamrmiy and hold the Purchaser harmless from all fasts and damages suffered by the Purchaser es a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall uaign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofhe other parry. 10. TITLE. The Seller warrants full, clear and concentrated title m the Purchaser for all equipment, materials, and items famished in pert a of this agreement fra and clear of any and all liem, restrictions, reservations, security interest encumbrances add claims of.thars. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming car defective goods by a data m be agreed .,on by the Pure baser and the Seller, and floe Seller thefea0er indicates its irubiliry or unwillingness In comply. the Purchaser may cause the work to be performing by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall relaase the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the peformance of such work. TTtis rclesse shall apply cart in the Bent of fault of negligence of the party released and shall extend m the dune um. officers and employees ofsnch party. 'n+e Stflan" criamemual nH oafmss, including wananly, shall not be deemed to le reduced, in any way, because such work is peffrmed or caused to be perfxmied by the Purchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, maferrd or process covered by laic,, parent, trademark Or copyright, the Seller shall indemnify and save hamdmix the Purcbvser from any and all claims for infringement by reason of the use of such pmenled design, device, national or process in correction with the contract, and shall indemnify the Purchaser for any teal, expense or damage which it may be obliged to pay by mason ofsnch infringement at any time during the pmucution or alter the completion of the work. In case said equipment, or any pan lhefeof or the intended use of the goods, is in .such suit held to comtifirm infringement and the use of saiA equipment or pan is enjoined, the Seller shall, at its own expense and v1 its Oplirin, either procure for the Purchaser the fight to continue using said yvip ,mat or parts, replace the same with substantially equal but nonlnGmging equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Server shelf become insolvent or bard mpt, make an assignment for the benefit of creditors. Original a receiver or trustee far any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNBJG LAW. The Jetnumns, of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be comtmed under and gmemed by the laws fthe State of Colorado, USA. The following Additional Conditions apply only in cores where the Seller is to perform work hereunder, including the services of Sellers Rcpresenutive(s). on the premises ofothers. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and steepled, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers ❑ual completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for iwaillminn Or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as dough such =lariats andor equipment were being f ishN by the Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compemmion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, unNor m the,, dependents in accordance with the laws of the slate in which the work is to be done. The Seller shall also tarty comprehensive general liability including. but not limited to, contractual and amomabile public liability insurance with bodily injury and death limits of at least S3 g,W0 for any one person, $500,000 for any ce accident and property damage mit per accident of 5400,000. The Seller shall likewise rectuir, his li onfinefoo, if any, fo provide for such oomrensmion and wurmce. Before any of the Sellers or his confracmn employees shill do any work upon the Features of others, fire Seller shall famish the Purchaser with a certificate Quit such comperesation and insurance have been provided. Such certificates shall specify me doge when such ampensation and insurance have been provided. Such ccrtifiam, shall specify the dam when such compensation and insurance expires. The Seller agrees that such compewtion and insurance shall be mentioned until after the amine work is wmpleml and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice reownUbiliry.and liability for any and all damage, lea Of injury army kind Of manna whatsoever to persons or properly caused by or resulting fmm the execution of re work provided for in this purchase order or in composed. herewith. The Seller will indevmify and hold harmless due Pmchaur and any r all of fire Purchasers officers, agents and employers from aM agaht any aM all claims. loses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be pm or subject by ream. of my act scion, neglect omission or default oa fhe pan of the Seller, any of his contractors, or any of the Sellers or contractors 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 :acmum or by reason of any act, action, neglect, omission or default of the Sell,, of any of his comrmosrs or any of its or their olficen, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to gay any and all costs, charges, apomeys fees and other expenses, any and all judgments that tiny b, iaerared by or obtained against the Purchaser or any of its ter their officers, agents or employees in such suits Of other Proceedings. and in case judgment or other lien he placed upon m Obtained gaim, the pmperty of the Purchases. or said ponies in Or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oWerwise. The Seller and his contractors shall take all safety prmautions, famish food install all genNs necessary for the prevention of accident, comply wills all It,ws and reguhrious with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant thereto. Revised 07n014