HomeMy WebLinkAbout436804 A-TRAIN MARKETING COMMUNICATIONS INC - PURCHASE ORDER - 9147162Fort Collins
Date: 12/05/2014
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PURCHASE ORDER
A -TRAIN MARKETING COMMUNICATIONS INC
125 S HOWES ST SUITE 502
FORT COLLINS CO 80521
PO Number Page
9147162 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer: ED BONNETTE
Note: PER 7572 FORTZED MARKETING & COMMUNITY ENGAGEMENT SERVICES WORK ORDER
CONTRACT WITH A -TRAIN MARKETING COMMUNICATIONS; AND WORK ORDER #KC-001.
FOR KATHY COLLIER; CLIMATE -WISE.
Line Description Quantity UOM Unit Price Extended
Ordered Price
t ClimateWise Badge Program
for Kathy Collier
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.com
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
4,750.00
750.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tennis and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Tom Collins is exempt f.m state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rtgisterM with the Collector of
Failure of the Purchaser to imht upon strict performance of the terms and conditions hereof, failure or delay to
Interval Revenue, Denver, Colorado (Ref. Colorado Revised Somalia 1973, Chapter 39-26. 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly costly the Seller in the event of a
brand, the acceptance rife Wyment for Bead hereuadd or approval did a design, shall tat release the Seller of
Goods R jetted. GOODS REJECTED due to failure to meet xpdificatimm, onlad when shipped or due to defects of
any of the wamntia or obligations of this purchase order and shall not be doormat a waiver of My right of the
damage in transit, may be resumed to you far credit and am not m be replaced except aeon receipt of won=
purchaser to insist upon strict performance hoomfor any ofits rights or remedies as to any such goods, mindless
instructions fmm the City of Fort Collins.
of when shipped, received or ompacd, as to any prior or subsequent default hereunder, nor shall any imported
mal modification or rescission organ puohaw order by the Purchaser operate as a waiver of any of she teams
Inspection. GOODS are subject to the City affront Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, setvim or equipment in response 10 taws cold can rend, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amlierized payment on the part of ma City of Fort Callias. However, it is to be understand that FINAL
Seller and the Purchaser recognize Nat in actual economic practice, overcharges meaning, fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection p.ecdures.
violations are in fact home by me Purchaser. Tame aftem, for good cause mad as connotation for executing this
purchase order, me Seller hereby assigns to the Purchaser My and all claims it may now have or hardener
Freight Tam¢. Shipments most be F.O.R., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless
acquired under federal or sate antitrust laws for such overcharges miming to the particular good or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately, The original freight
purchased or acquired by the Purchaser pursuant to this purchase other.
bill must accompany invoice. Additional charges for poking will not be accepted.
Ift PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Where manufacturers points in various gams the country, shipment is
have dhtdidt,
If the Purchaser goods by to be the
on byPurchaser,
Soli the Seller seemednonconformingindicates
ven nee.
de
titian point to destiation, and excess freight will be deduced from Invoice when
expecteda fmm he or men poi s
me iliiyo
a
its m unwillingness to comply, the
Purchaser and the and the Sellery indicates its i ants comply,
a d
rumor
stipmma art made fmm glearer divorce.
shall
ch park. by the mast cxpedilious mean mailable to it and the saner span par all
work the most means gay l
may cause the work
costs assauted wish such work.
s
Permits. Sella shall preen at sellers sole cost all add., pounds, cedificates and licenses required by all
applicable laws, mutilations, ordinances and rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further a,. to hold the City of Fort Collins harmaless from aryl against all liability and loss
incurred by them by reams of an assured or established violation of any such laws, regulations, ordinances, tales
andreryircepro .
A.honeation. All prow¢ on this contract agree that the reprtsemative, are, in fact, bona fide and mmin full and
wmplele eathoriry a bind said parries.
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional teas and conditions annexed hereto or incorporated herein by
reference. Any additional or different eas and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedionly if you cannot Mike complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and perfoaance muss be elected within the time
sated on the purchase order and the documents attached hereon. No acts of the Parmesan including, without
limitation, acceptance orpanial late deliveries, shall operate as a waiver of this prevision. In me event of any delay,
the Purchaser shall have, in addition to Other legal and equitable remedies, the option Of placing this order elsewhere
and holding the Seller liable for damages. However, me Seller shall not be liable for dramatics as a result of delays
due to rouses not reasonably fotesdable which are beyond its reasonable cont.l road without its fault of negligence,
such ads of God, dos of civil or military authorities, panda mental priorities, fires, strikes, flood, epidemics, wars or
riots provided that nodm of the, conditions causing such delay is given to the Purchaser within five (5) days of the
time when Rm Seller Goss received knowledge thereof. In the eve. of any such delay, the daze of delivery shall he
extended for the poriad equal to the time actually lost by reason ofine delay.
3. WARRANTY.
The Seller warrants that all goods, articles, nations and work covered by this order will conform with applicable
drawings, specifications, samples author other descriptions given, will Ise fit for the purposes intended, and
performed with ma highest degree of care and compdence in armmame wire accepted standard fro work of a
similar alure. The Solid agrees to held the purchaser interim fmm any loss, damage or expense which the
Purchaser may •uf( or incur on account ofine Sellers breach of wamamty. The Seller shill replace, repair or make
good, without cost to the pnrcltaid, any defects or faults arising within one (I) year or within such longer period of
time in may be prescribed by law or by the mess of My applicable warranty provided by the Seller after the date of
acceptance of the goods burnished hereunder (meeptancc not m be ummo sably delayed), resulting from imported
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of My claim under this warranty. Except on otherwise provided in this purchase order, the Sellers
liability bereuador shall extend to all damages proximately cauwd by the bleach of My of the foregoing waanties
or guarantees, but such liabiliry shall in no overt include lots of profits or loss of late. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchase, may make changes to legal team by written change oNer.
5. CHANGES IN COMMERCIAL TERMS.
The Porch.aser may make any deem sa m the forms, Omer man legal term. molesting addition to or deletidne fmm
the qumtities originally ordered in the spcifications or drawings, by verbal or written change order. If my such
change affems the amount due or the time of poMfoaance hereunder, an tywhadal. adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions or the
good then not shipped, subject to any equitable adjustment between me parties in to any work or materials then in
progress provided oral me Purchaser shall nod be liable for any claims far mtid,caled p.fia oa the uncompleted
portion Oldie goad and/or work, for incidental or dever, ential damages, aM that an such adjustment b, .ode in
favor ofine Seller with respect to my goods which art the Sellers standard stock. No such maiatim shall relieve
the Purchaser or the Seller of any oftheir obligations as to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asoded within thirty (30) days from the date the change or termination is
omered.
8. COMPLIANCE WITH LAW.
The Seller warrants Jet all good said homm ld shall have better, produced, sold. delivered and famished in strict
compliance with all applicable Wws and documents to which me goods are subject. The Seller shall execute and
deliver such documrres as may be requital to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements Of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser in a result of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, harculd. or convey this order, or my monies it.. or to become due barmaid without the
prior won. Co., ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and item famished
in performance of this agreement free and Clem of any and all Hera, tutrierion, reservations, security interest
encumbrwtts and cleim ofothars.
no Seller shall release the Purchaser and its contractors of my tier from all liability and claim Of My nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees clinch pasty.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be Embraced by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark
or copyright, the Sella shall indemnify and rave braless the Purchaser form any and all claims for infringement
by crown of the use of such patented design, device, material or process in commands with the mnand, and
shall indemnify the Purchaser for my cost expense or damage which it may be obliged to gay by reason ofsuch
infringement as any time during me pmsatation or after the completion of the work. In came said equipment, or
My pan thereof or the intended use of the good, is in such .it held 10 comlimte infringement mad the use of
said equipment or pan is enjoined, the Solid shall, at its own expense and in is option, either produce for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially egml but
noninfringing equipment, or modify it so it bdomea noninfriMing.
15. MSOLVENCY.
If the Seller shall become insolvent or hooducapt. make an, assigrmcg for dre benefit of creditors, aPWinl a
recover or mums for my of the Sellers Emprdy or business, this order may fonhwith M canceled by the
Purchaser withmt liabiliry.
16. GOVERNING LAW.
no definitions oftemes used or the interpretation of th<agro ment and the rights of all parties hereunder shall be
command! under and Reserved by the laws of me Sate of Colorado, USA.
no following Additional Conditions apply rely in oases whore the Seller is in perform work bereaeder,
including the services of Sella Repreonative(s), m the premiss ofoJcrs.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work of Sellers own risk until me same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work maker materials before Sellds final completion and
oceptance, complete Rho work in Sellefs own expense and to the satisfaction of me Purchaser. When materials
and equipment m fiunuhcd by others fro installation or erection by me, Seller, me Seller shall receive, uoloaa,
stare aad handle same at the site our become respomible therefor in though such materials author equipment
were being faamal ed by the Scllcr under me under
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compemation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, IN. tat limited tat, contractual and automobile public
liability insurance wiN hastily injury and death limits Of in least 5300,000 for my me Pelson, 5500,000 fro any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise admire his
carnation, if any, to provide for such compensation and insurance. Before my ofthe Soften or his contractors
employees shall do any work upon the premises of others, the Seller shall meant the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify me date when such commendation
and mandere expires. The Seller agrees that such compensation and insaamdce shall he maintained and after the
entire work is romplred and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responibiliny and liability for any end all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. T he Seiler will indemnify and hold hamleas the Purchaser and any
to all of the Purchasers officers, agents and employees fmm and again. any and all claims, losses, damages,
charges or experead, whether direct or counsel, and whether to persons or property to which me Purchaser may
be put or subject by ream. of my act action, neglect, omission an default m the part of the Seller, any of his
scorer, or my of the Sellers or contractors officers, agents or ampkeyovd. In cox any suit in other
proceedings shall be brought against the Purchaser, or its dRcers, a,mis or employees at MY time m accomt or
by crown of My act, action, neglect, omission or default of the Solid Of any of his contractors or any of its or
their officers, agents or employes as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, Momeys fees and other expenses,
any and all judgments that may be incurred by or obtained against me Purchaser or my of its or their oRc ens,
agents or employees in such suits Or other proceedings, and in case judgment or other rim be placed upon or
Obtained aphid the property ofthe Freedom, or said Faris in or in a result of such suits. other p.cedmgs.
the Seller will at once cause the same to be diswhed and discharged by giving bond or w1mingise. The Seller and
his contractors shall take all safety precautima, furnish and instill all guard vecessvry for the Feve.ien Of
accidents, comply with all laws and regulations with regard to angry including, but without limimand, me
Occupational Safety and Health Act of 1990 and all tales and regulations issued purismnt thereto.
Revised 07R014