HomeMy WebLinkAbout436804 A-TRAIN MARKETING COMMUNICATIONS INC - PURCHASE ORDER - 9136822 (3)PO
PURCHASE ORDER 913682er Page
C117/ of PURCHASE
36822 t of z
' `t Collins( his number must appear
V " 1 , on all invoices, packing
sli s and labels.
Date: 12/04/2014
Vendor: 436804
A -TRAIN MARKETING COMMUNICATIONS INC
125 S HOWES ST SUITE 502
FORT COLLINS CO 80521
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1 ST 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
6 Addendum PO #9136822
Work Order #1-JP GTown Prize
(req 48458)
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
16,960.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
irrrgUrrKC-0 �
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Too Collins is exempt from mote and local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04503. Federal Excise Tax Exemption Cenificatc of Registry, 84-6000587 is registered with the Collector of
Failure of the Purchase to insist upon strict performance of the tams and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutmo 1923, Chapter 39-26, 114 (a).
exercise any rights or rcmMies providd herein or by law, failure to promptly notify the Seller in take event of a
breach, the mceframe of or payment for good bacmda a approval ofdm deign, shall not release the Seller of
Good Rejected. GOODS REJECTED due to failure to nmct specifications, Atha when shipped or due to dcfccts of
any of the warranties or obligations of this purchase order and shall not M deemed a waver of any right of the
damage in bervia. may M retaned to You for credit ad are not to M replaced except upon receipt of written
purchaser to insist upon strict perfona mncree hesfor my of its rights inremeda an ies to y such goods, regardless
instructions Manthe City effort Collins.
of when shipped, turned or accepted, as to any pear or subsequent default hereunder, nor shall any pttryorted
cal modification or rearission of this purchase order by the Pumhaser opera4 as a waiver of any of the ums
Inspection. GOODS are subject to the City of Fon Collins impection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment an the pan of tin City of runCollins. However, it is to M understood that FINAL
Sella and me Purchaser recognise that in annual ec om'serene, a erchargn suiting from antitrust
nit
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in feet home by the Purchaser. Theretofore for good came, and as consideration for executing this
purchase Order, the Sella hereby assigns to the Purchaser any and all claims it may tow have or hereafter
Freight Terms. Shipments must M F.O.B., City of Fon Collins, 700 Wood SL, To" Collim, CO 80522. unless
acquired under federal or state antitrust laws fen such overcharges .]arm, m the pmimler goods or smices
otherwise spalfid on this order, if permission is given to prepay freight and charge sepumtely, the original freight
purchased or acquired by the PaOmm pursuant to this purchase ordeu
bill mat accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCEme SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing in various pans the country, shipment is
Ifthe diners the Seller to correct nonconforming or defective goods by a dies to be agreed upon by the
d excess de
expected from the ,fares distribution point to destination, end excess freight will M deducted from Invoice when
erandPurchase,
r end the Seller, and rise Seller theresuffia an to comply, the
its images or mole
shipmmu are made from greats disuse.
=amediates
shall
ram cause Ne work to be perfommed by Un most expeditious seam available to it, and the Seller shall WY all
my co� to it, Few
msu associated with such work.
Permits. Sella shall procure at sellers sole cost all necessary perrnits, a nificaa and licarsrs reeryiund by all
applicable laws, regulations, commerce and roles of the state, municipality, harbor, or paliliad subdivision where
the work is Performed, or required by any other duly constimed public authority havingyroisi ition over Ne work
of vendor. Seller further agrees to hold the City of Fort Collins hour ess from and against all liability and lass
incurred by than by reason of an asserted or established violation of any each laws, regulations. ordinances, rules
and requiremenu.
Ammunition, All parties to this contract agree Nat the representatives am, in fact, born fide and possess full and
complete authority to bind said patio.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terror and Conditions stated
herein set forth and my supplementary or additional miens and conditions amex l hereto or incorporated herein by
reference. Any additional or different temp and conditions proposed by seller are objected to end hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most M infected within the time
stated on the purchase order and the doenmmts atmebd hereto. No acts of the Purchasers includin& without
limitation, seminar. mf partial late deliveries, shall operate a a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order c newhae
and holding the Seller liable for damages. However, the Sella shall not he liable for damages Or it result of delays
due m caaes not reasonably foreseeable which are beyond its recommit control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, furs, strikes, Bed, epidemics, were or
riots provided that notice of the conditions causing such delay is given m the Drummer within five (5) days of the
time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall M
extended for tM peed equal m the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller coarsen that all geed, steles, materials and work covered by this arda will of. with applicable
drawings, spaifcations, samples and/or other descriptions given, will be fit for the purposes intended, ad
perfomted with the highest degree of cart and conference in accordance with accepted standards for work of a
similar more. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Pumhaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purcbaen any defects or faults arising within one (1) Year or within such longer period Of
time a may be prescribed by law, or by the temas star, applicable warranty provided by the Seller afia the date of
acceptance of the good fmished hemunder (mcemsere not Ir M urucasenabl, delayed), resulting Been imperfect
or defective work done or materials fmished by the Sella. Acceptance or use of goads by rise Purchaser shall riot
coatiote a waiver ofany claim under this warr4nry. Except a oRmwiw provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SE IALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may tmke changes to legal lam; by"On change order
5. CHANGES IN COMMERCIAL TERMS.
The Panama may make my changes 10 the terms, other Nan legal from, including additions to or deletions from
the quantities originally ordered in the al'eci6cations or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperforrumce hereunder, an exportable adjustment shall M made.
6. TERMINATIONS.
The Purchaser, may at any time by wnnen change under, termini¢ this agreement as m my or all Poniom of the
good then not shipped, subject to any equitable adjummnt between the parties an to any work or materials then in
protons, Pmvided that the Punchaa sMll nor M liable for any claims mo annicipen l Profits on the uncompleted
Rams of the goods andnor work, for incidental or twme,ead al damages, and that no such adjustment M made in
favor of the Seller with respect in my goods which are the Sellers standard stock. No such tcromm[ion shall relieve
the Purchaser or the Seller ofany oftheir obligations a to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assented within thirty (30) days from line date the change or termination is
ordered-
B. COMPLIANCE WITH LAW.
The Seller wmants that all good sold hereunder shall have been produced, sold, delivered and fmished in said
compliance with all applicable laws and regulations to which the goad are subject. The Sella shall execute and
deliver such documents an may be required to effect or evidence compliance. All laws and regulations required to M
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees In
indemnify and hold the Purchaer harmless from all costs and damages suPered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall asiM transfer, or convey this order, or my mania due or in become due heremda without the
poor women cammt of the who, pray.
IL TITLE.
The Seller warmnta full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished
in certormmce of this agreement, free and clear of any and all been, restrictions, reservations, security interest
crcombmmces and claims Ofadmm
The Sella shall release the Purchaser and its contractors of my tier fmm all liability and claims of any nature
resulting from the performance ofsuch work.
This releae shall apply even in the event of fault of negligence of the party relented and shall extend to the
dheemrs, officers and employees of such party.
The Seller's commetml obligations, including warranty, shall not M deemed to M reduced, in any way, became
such weak is performed ar ..it to M performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to me any design, deice, mmerial or process covad by Inner, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims far infringement
by reason of the use of such patented design, device, mmerial or process in connection with the contract, and
shall indemnity the Purchaser for my cost, expenm m damage which it may be obliged to pay by reason of such
infringement at my time during the pmseaution or after fire completion of the work. In case said equipment, or
any pan dram' or the trimmed use of den goods, is in such .it held to coulimte infringement and the use of
said 'in'so t or pan is Joined, tM Seller shall, at its own experue and at its option, either procure for the
Purchua the right to continue using said equipment or parks, replace the sane with substantially mml but
noaafringing equipment, or modify it so it become, noninfringing.
15. MSOLVENCY.
If the Seller shall beome insolvent or haJempt, make an assignment for the benefit of creditors, appoint a
receiver or costa for my of the Sellers property or business, Nis order may forthwith be canceled by the
Pacbaer withour liability.
16. GOV ERNWO LAW.
The definitions of teens used or doe interpretation ofthe agreement and the rights ofall parties hereunder shall M
counted under and govemed by flat Taus ofthe Some ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Represer ative(s), on the premiss ofomm.
I). SELLERS RESPONSIBILITY.
The Sella shall rally on said work at Seller's own risk =61 the same is fully completed and accepted, and shall,
in case of my ucident, darmctica or injury to fire work maker mammals before Sethe's final Completion and
outermost, complete the work at Seller's own expense and to flue satisfaction of the Purchaser. When maerals
and equipment an, famished by others for installation or erection by doe Sella, the Seller shall receive, unloud,
sore and handle same at the site and become responsible therefor Or though such materials mdlm equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, a his own expeam, provide for the payment of workers compemaim, including occupational
disease benefits, to its employees employed on or in comtection with the work Covered by this purchase order,
and/or to their dependents in wasrrdanee with the taus of fin sore in which den work is to M done. The Sella
shall also carry comprehensive general liability including, but not limited ex, cuntractml and automobile public
liability insurance with bodily injury and dcmb limits of at least S30o,000 for any one person, 5500,o00 far any
one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such mmpereatien and in an e. Before y of the Sellers ar his contractors
employees shall da any work upon the premhes of others, Ne Seller shall famish the Purchaser with a u nifirm,
But such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such ccoficates shall apeeify the doe whin such compensation
and imutawe expires. The Seller agrees that sock Compensation ad immance shall D<maintained until aRa the
entire work is completed and steepled.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire mi,c nsibility and liability for any and all damage, loss or injury of any kind
r nature wbaboWeer to persons or property caused by or resulting from the execution ofthe work provided for in
this pumLasc order Or in connection herewith. The Seller will indemnify and hold Familiar the Purchaser and any
r all of the Paraofficers, agents anm d employees fmand against any and claim all clailosses, damages,Parnassus;Parnassus;harges nr expenses, whether dual or indirect and whether to pennon or pmpetay la which the Purchaser may
M Put Or subject by seam of my act, action, neglect omission or default on Ne Iva of the Sella, my of his
cuntractaas, or my of the Sellers or contactors oRcirs, agents or employers. In case any suit or other
proceedings shall M brought against the Purchaser, or its cruces, agents or employees in any fime on meaunl or
by reason of any act, action, neglect, omission or default of the Seller of my of his Comm fors or any of its or
their oMet., agents or employers as aforesaid, fire Seller hereby agrees to assume the defense thereof and to
defend the same at Nc Sellers own expense, to pay any and all costs, charges, moneys fees and other expemex
any and ell judgments that may be incurred by or Obtained against Ne Puchroef or any Of its or their afters,
agenu or employees in such states or other proceedings, and in case judgment or other lien IN placed upon or
obuiroW against the property of du Purchaser, or said panic in or as a result of it ch suies m order, proceedings.
the Seller will al more cause the same I. he dissolved and dis[Moged by giving bond or otMrwise. The Seller and
his contractors shall mks all safety Recreations, much and imull all guards fusser, for the gustation of
accidents, comply with all laws and regulations with regard to set* including, but without limitation, the
Occupational Safety and Health Act of 1920 and all mitts and regulations issued pmrsmnuhereon.
Revised Warta