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HomeMy WebLinkAbout525168 MANTOOTH MARKETING COMPANY - PURCHASE ORDER - 9141913PO PURCHASE ORDER 914191er Page C1171 of PURCHASE 9141913 t of z ' `t Collins lI„C This number must appear ` v ` 1'�7 on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 525168 MANTOOTH MARKETING COMPANY 8334 COEUR D'ALENE DR FORT COLLINS CO 80528 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 Ordered UOM Unit Price Extended Price 2 Addendum to PO #9141913 1 LOT EA 3,750.00 Change Order #1 Kaiser Grant (req 48141) 3 Addendum to PO #9141913 1 LOT EA 6,181.60 CO #1 CMAQ portion (req 48141) 4 Addendum to PO #9141913 1 LOT EA 1,285.00 CO #1 Local Match portion (req 48141) 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@fogov.mm Total $11.216.60 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cerifc d, of Registry 84fi400o587 is registered wish the Collector of Failure of five Purchaser to insist upon strict performance ofthe terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Coli m k, Revised So mtes 1973, Chapter 39-26. 1141.). exercise any rights or remedies prosidN herein or by law, failure to promptly n.fify the Seller in the event of a breach, the acceptance ofor poymmt for goad hereunder or approval ofthe design, shall riot release the Sella of Curd Rejected. GOODS REJECTED due or failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in traosih may be rammed to you far credit and me not to be replaced except upon receipt of writer purchaser to insist upon strict Performance Paraffin any ofits rights or dandies as to any such goods, regardless instructions from the City of Pon Collins. 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 tams ]attraction. GOODS are subject to he City of Frio Collins inspection o. xuromL hereaf. Final Acceptance. beano of the merchandise, sc in equipment in response to his coda own resull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is t be understood that FINAL Seller and the Purchaser recognize that in moral economic practice, osemharges reaching from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in hurt home by the purchaser. nomadism, fogood cause aM as consideration for executing this purchase oNer, the Seller hereby ms&igns to the Puritanism any and all claims it may now have or hereafter Freight Terass. Shipments most be FILE,, City of Fort Collins, 700 Wood St., ran Collins, CO 80522. salves acquired under federal or store an a. taus for such overeharges odium, to the particular good or services otherwise specified our this order. Dpermission is given to prepay freight and charge acpammly, the original freight putchaand or acquired by the Probaur pursuant to this Phot ou oNer. bill must ecmmwny invoice. Additional chance, far making will ram b, incepted. Shipment Distance. Where manufacturers have distributing points in various fares of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Aymara are made from greater distance. Permin Sella shall procure at sellers sole cost all necessary permits, corificales mid licenses required by all applicable laws, regulations, ordinances and mots of the scar, ramur ohly. marimry ar palinal subdivision where the work is pe mmard, in required by any other duly constituted publ lc authedry having jurisdiction over the work of vend., Sella fudher agrees I. hoed fhe City of Fan Collins hamdcs fmm and against all liability and loss murred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Anthodzmion. All panic to this contact agree that the representatives art, in fires, bona fide and possess Poll and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance ro she to. and conditions stated herein set foods and may supplementary in additional terms and conditiom annexed hereto or manVomted herein by reference. Any additional or dif sminterms and coalitions proposal by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted, lime is of the asume. Delivery and pabou ate must be eRecled u'ahm the time annual on the purchase order and the dowmnenis attached hereto. No acts of (lie Purchasers including, without liontalion, awctance of partial late deliveries, shall operate as a waiver of this provision. In (lie event of any delay, the Purcbaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding he Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays data to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such cars of God, acts of civil a military authorities, gavemmmtal priorities, fires, srikes, food, epidemics, wars or fiats provided deal notice of the condiliom causing such delay is given to the Purchaser within five (5) days of the lime when the Seller fiat received knowledge them( In the event of any such delay, the dime of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will cant wish applicable drawings, specifications, samples impair other deampaiom given, will be fit for the purposes intended, oral Performed with the highest degree of are and competence in accordance with accepted standard for work of a similar natures The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pmeloarr, may super or over oa account ofthe Sellers breach of warranty. i he Seller shall replace, repair or make good, without cost to the purchaser, any defect or ]hulls arising within one (1) year or within such longer period of time as may be prescribed by law or by den h ears of my applicable warranty provided by the Sella efia the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperial or defective work done or rmaerials furnished by the Seller. Acceptance or use of goods by the Purchaser shall rat onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the Foregoing wameares or goamatect, hot such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make clanger in legal it. by wooed clang, oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the qumnines omginally ordered in the specifications or drawings, by verbal or written change order. If any such charge affects the amount due or 'he time rashpalocranec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by writer change oNer, amounts, this agreement as to any or all portions of the good then not shipped, subject to may equitable adjustment between the parties as to any work at mmmals then in progress provided that the Purchaser shall not be liable for any claims for amicipmed profits oa the uncompleted Portion of he good super work, for incidental or consequential damages, and shot no such adjustment be made in favor of the Sella with respect t any goods which are the Sellers star&rd stock. No such nomination shall relieve abe Purchaser or the Seller ofany of heir obligations an, to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT Any claim for adjustment must be assumed within this (30) days from the &te the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict ompliame with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as maybe required to efts er evidence compliance. All lows and regulations required in be ncorpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Die Purchaser harness from all costs and damages suffered by he Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign menn&r, or convey this order, or any monies due or m become due hereunder without the PH., ""a. consent of the other parry. 10. TITLE. The Sella warrants hall, clear aal urmaricted title to the Purchases for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all lams, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direels the Sella W correct nonconforming or defecfive goods by a &u to be agreed upon by the Purchaser and the Seller and he Sella therezfer radical. its inabilily or unw,11m yeas to comply, the Purchaser may cause the work to be performed by the mast expeditious means available to H, and the Seller shall pay all costa associated with such work. 'rhe Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from he performance fsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dircant, officers and employees ofsuch parry. The Sellers conimeual obligations, including warranty, shall rut be deemed to he reduced, in any way, because such work is perforated or caused or be performed by he Purchaser. 14. PATENTS. Whenever he Seller is required to use any design, device, mmenal or process covered by letter, patent, mdemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reamn of the ice of such patented design, device, material or prowess in connection with the coal=, and shall indemnify the Purchaser for ➢ray cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan flaaad or the Intended use ofthe goods, is in such .it held lu comanate am n,arad 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 right to continue using said equipment or pars, replace the same with substantially equal but noninftinging equipment, or modify it so it becomes nodufdnging. 15. INSOLVENCY. If the Seller shall became modrant or bankrupt, make an assignment for the bereft of creditors, appoint a receive . or armaa for any of flak Sellers property or business. this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terra used or the mommu ion ofthe agreement and the rights of all panics hereunder shall be command under had gmxmed by the laws of the Sete of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Repreventativ,(s), on the premises ofotbers. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty, oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work author materia6 before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment aR furnished by others for installation or auction by the Sella, the Seller shall receive, m ilmd, score and handle same at the site and become r eponsible therefor as though such r eamnals andor tyuipmma seem being furnished by the Sella under the order. IS. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers competsmion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, radian to their dependents in variations, with the laws of the &rate in which the work is to he done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public botany near— with bodily injury and death limits of nt least 5300,000 for any one pasun, 5500.000 for may one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compenanitm send insurance. Before any of the Sellers or his comricmrs employees shall do any work upon he premisrs of others, the Sella shall famish the Purchaser with a certificate that such compensation and mourrince have been pmvided. Soda c rrifictim, shall specify the date when such compensation and insurance have been Provided. Such cenifiwles shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is wmpleled and mapled. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby incomes dve entire respmsibilily and liability for any and all damage, loss or injury of any kind thare whatsoever to pecans or pmpmy caused by at resulting from the execution of the work pmvided for in is purchase order or in connection herewith. The Sella will indemnify and hold hornless the Purchaser surd any cr all of the purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or exposes, whether direct or indirect, and whether to Persons or property to which are Ibrchua may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his antracrors, or any of the Sellers or contractors, officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of in or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense theater and to defend the same at the Sellers own expense, to pay any and all cols, charges, atmmeys fees end other expenses. any and all judgments than may be incurred by or obtained against the Purehaer or any of its or their officers, agent or employees in such suits or other proceedings, and in au judgment or other lien be placed upon or obtained against the property ofthe Purchases, or said parries in or As a.11 of sash suits or other proceedings, the Sella will in once cause he same m be dissolved and discharged by giving band or otherwise. The Sella aM his contractors shall take all salty praautiotd, famish rand install all guard necessary for the prevention of accidents, comply with all laws and regulations with ngaN to safety including, but without limitation, the Occupational Safety aal Health Act of 1970 and all ales aml regulations issued pursuant thereto. Revised O nW4