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HomeMy WebLinkAbout540387 MOGO MARKETING & MEDIA INC - PURCHASE ORDER - 9145148PO PURCHASE ORDER 914514er Page C117/ of PURCHASE 9145148 1.12 ' `t` OI lI ns This number must appear V L on all invoices, packing sli s and labels. Date: 10/24/2014 Vendor: 540387 MOGO MARKETING & MEDIA INC 14 CRYSTAL CR DR LARKSPUR CA 94939 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 2 1 Love Lucy 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:purchasing@fcgov.com 1 LOT EA 5,800.00 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. COMMERCUM.DEFAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sour and local taxes. Our Exemption Number is 98-045W. Federal Excise Tax Exemption CeniOcaa of Registry M-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 Lid Goods Rejected. GOODS REJECTED due a failure to meet specific buns, either when shipped or dur to defects of damage in harract, may he returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS ate subject to the City of Fan Collins inspection on artist. Final Acceptance. Receipt of the merchandise, sesSicas or equipment in response to this order can result in authorized payment on the For of the City of Fort Collins. Howard, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required impation praedures. Freight Tema, Shipments must be F.O.B., City of Fan Collins, 700 Wood St, For Collins, CO 80522, unless otherwise specified on this older. If permission is given to prepay freight and charge separately, the original Freight bill most accompany invoice. Additional charges for ticking will nor be accepted. Shipment Distance. Wham manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted front Invoice when Shipments on, made from greater disond. Permits. Seller shall procure at seller sole cast all nressvry permits, ttrdfinres and lidmw rwTyired by all applicable laws, regulations, ordinances and rules of nce, state, municipality, lentrory or political subdivision where the work is performed, or required by any other duly included public amhofiry having jurisdiction over $e work of vendor. Seller further agrees to hold the City of Fan Collins landless from and against all liabil try and lass ncured by them by reason of an asserted or established ,trillium of any such laws, regulations, ordinances, roles and requirements. Amha rm ion. All gaffes to this ..treat agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said partes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions sated herein set fold aM my supplementary or additional terms and conditions annexed hereto or incorporated harein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete Shipman to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfamtwce most be eflbcted within the time stated on the purchase older and the documents ..had hereto. No acts of the Purchasers including, without limitation, acceptance o'partial late deliveries, shall operate as a Walser of this provision. In the event of any delay, the Purchoser shall have, in addition to Other legal and equitable ncmedtes, the option of placing this order elsewba, and holding the Seller liable for rWwges. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reaonable control and without its fruit of negligence, itch acts of God, acts mi'mil ar milimry authorities, governmental priorities, fires, spikes, food, epidemics, wars or nuts provided that notice of the conditions causing such delay is given to doe Purchaser within five (5) days of die time when the Seller firm received knowledge thereat. In the event of any such delay, the doe of delivery shall be extended for the period ryual to the time actually lost by reaon ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similm nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wurunty. The Seller Shall replace, repair or make grand, withaat cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be preufbe l by law d by the tenors of any applicable warranty provided by the Seller aBe, the doe of acceptance of the goods furnished hereuMer (acceptance not to M unrmmmbly delayed), resulting from imperilled or defective work done or material Buddhist by the Seller. Accepgnce or use of goods by the Purchaser shall not constitute a waiver of any claim under ffis warty. Except as otherwise provided in ffis purchase oNer, flue Sellers liability hadmider shall exceed to all damages proximately caused by the breach of any of the foregoing wadies or guarantees, but such liability shall in no ergot 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 Purchaser may make changes to legal It. by wdtten change alder. 5. CHANGES IN COMMERCIAL TERMS. The Puraccer may make any changes ra the temm, other than legal terms, including additions to or deletions from the q .ruiw annually offered in be specifications or drawings, by verbal or written change under. If any such change affects the amount due or the time ofperformance h mummy, an equitable adjuummt shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdna change We, a mlimto this agreemcm as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties as to any work or materials used in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits on the uncompleted portion of the goods and/or work, for incmentel or consequential damages, and that no such adjustment be made in favor of the Seller with rasped c any goods which are the Sellers stand ld stock. No such mrmimtion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asserted within thirty (30) days from the dam the change an temtimadon is mutual. S. COMPLIANCE WITH LAW. The Sella warts that all goods sold hereunder shall have been produced, sold, delivered and Flooding to mid compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver Such doctor. as coy be mndoul to efed or evidence compliance. All laws and regulations required m be incorporated in agreementS of this chamder are hereby incorporated herein by Otis reference. The Salle, ogees to indemnify and hold the Purchaser hammless from all costs and damages suffered by Pie Purchaser as a result of the Sellers failure 1. comply with such law. 9. ASSIGNMENT. Neither parry shall assign, bemfea or convey this ord., or any monies due or to become due hereunder without the prio, written consent of the offer pang. 10. TITLE. The Seller war¢ fun, clear aed wardinea d title to the Parching, fur all didis rat materials, and it. furnished in performance of this agreement free and clear of any am all liens, .stndiorrs rwmntions, security dollar dreumbmacas mud claims.foffcrs. ILNONWAIVER. Failure of the Purchaser to insist upon and performance of the terms and conditions thereof failure or delay to any lights or remedies 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 of the design, shall not release the Seller of any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of any fight of the purchaser to insist upon strict performance hereof or any of its rights or remedies as m any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any parponed oral mollification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and rise Purchaser recogniva flat in actual examagaic Factor, overcharges resulting from antitrust violations am in fact home by the Purchaser. Thadofoa, for good a. and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaer any and all claims it may now have or h romfer acquired under federal or state antitust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase older. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therwBer indicates its inability or unwillingness to comply, the Purchaser may rams, the work to be, performed by the most expeditious means asuilable to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contmnors of any tier from all liability and claims of any mture welting from the performance of such wort:. This release shall apply even in ffe event of fault of negligence of the party released and shall extend to the directors, often and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not her deemed tu be reduced, in any way, because such work is IndformeJ or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella required to use any desiordevice, mmenal or process covered by lede pdmL trademark or copyright the Seller shall indemnify old save harmless the Purchaser from any and all claims for management by reason of the use of such patrnled design. device, wlerial or process in comedion with the contract. unit Shall indemnify the Purchaser for any and, ea,. 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 work. In case said equipment, or any part farmf or the intended use of the goats, is in such suit held to constitute infringement and the use of Said equipment or pan is joined, the Seller shall, at its own expense and at its Option, differ procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfdnging equipment, or modify it sr it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bcncfit of addicts, appoint a or ounce for any of the Sellers property at business, this alder may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of,erw used or the interyrmation of the agreement and the lights ofail trance hereunder shall be, consumed under and governed by the laws fthe Sum of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repoalmon ive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or wtards before Seller's fowl completion am acceptance, complete the work at Seller's own expense and m the satisfaction of ffe Purchaser. When wtenals aced equipment are famished by others for installation or erection by ffe Seller, the Seller shall armsc, unload, score and hanNle same at the site and baaw responsible therefor as though such ma aids maker aruipwm were being famished by the Seller ceder me oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by Nis purchase order, and/mir to their dependents in accordance with the Laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited as contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any imemaiden, aM primary damage limit per accident of 5400,000. The Seller stall bladvow require his ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his mmndon employees shall do any work upon the Families of others dw Seller shall fumuM1 die Pudlmad with a certificate than Such compensation and Insurance have been provided. Such ceni idges shall specify the date when such compensation and insurance have been provided. Such arificates shall specify the date when such enmparrarion and iuurance expires. The Seller Votes dot Such compensation and insurance shall be winraimM until afer use entire walk is completed sad aaepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofmy kind or mture whatsoever c Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in comedian herewith. The Seller will indemnify and hold harmless die Purchase end any r all of die Purchasers alBcers, agents and employers from and ageing any and all claims, losses damages, chargas or expenses, whether direct or induct, ad whether to persons or pmpeny to which fe Patches. coy he Put or subject by anion of any act a gion, negled, omission or default on the pan of ffe Sell., any of his contractors, or any of lie Sellers or contractors officers, agents or employaa In laze any suit or other praedings shall be brought against the Paranoid, or its officers, agents or employes in any time on scmunt or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their ofcgts, agents or employes as aforesaid, th< Sells hereby agrees to assume the defense thereof and to defend the sums at fine Sellers own expense, to pay any and all costs, charges, attorneys fees and other expmart, any and all judgments that coy be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in dose judgment or other Iten be placed upon ar obtained against the property ofthe Purchaser, or mid parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved add dischnged by giving bond or otherwise. The Seller and his contractors shall rake all safety precaution. Summit, and install all guards nexcssary for the prevention of accidents, comply will all laws sod regulations with regand to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 07Q014