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HomeMy WebLinkAbout436804 A-TRAIN MARKETING COMMUNICATIONS INC - PURCHASE ORDER - 9147166Fort Collins PURCHASE ORDER PO Number Page 9147166 101`2 This number must appear on all invoices, packing sli s and labels. Date: 12/05/2014 Vendor: 436804 Ship To: ELECTRIC UTILITIES A -TRAIN MARKETING COMMUNICATIONS INC CITY OF FORT COLLINS 125 S HOWES ST SUITE 502 700 WOOD ST FORT COLLINS CO 80521 FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: ED BONNETTE Note: PER 7572 FORTZED MARKETING R COMMUNITY ENGAGEMENT SERVICES WORK ORDER CONTRACT WITH A -TRAIN MARKETING. Line Description Quantity Ordered UOM Unit Price Extended Price 1 FortZED Community Engagement 1 LOT LS 24,000.00 WO #2-JP GTown Energy Prize Community Funded Platform (req 48787) 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 Fart Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 L COMMERCIALDEPAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local lams. Our Exemption Number is 98-04502. FWeml Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Internal Revenue, Diver, Cut orado (Ref Colorado Revised Stammer 1973, Chapter 39-26. 114 (of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to detects of damage in tramit, may ber returned to you for credit afW are not to be replaced except upon receipt of written instructions firm she City i f Fon Collins. Inspection. GOODS We subject a the City of Fen Collins inspection on animal. Finial Acceptance. Receipt of the merchandise, service or equipment in response to this order can resell in authorized payment on the pen of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be FOB., City of For Collins, 700 Wad St., For Collins, CO 80522, unless Otherwise specified on this order Ifpemission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Packing will not be accepted. Sh lmocal Distance. Where manta.. have disappointing in. in various parts of the country, shipment is expected firm the nearest distribution paint in Indication, and excess freight will be deducted fmm Invoice when shipments are lade room greater distance. Permits. Seller shall Macon at sellers sole rest all necessary permits, cenificals and licenses required by all applicable laws, regulnliols, ordinances and ales of the slate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having juncletion over the work of vendor. Seller further agrees ro hold the City of Fart Collins careless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and requirements. Authoavtion. All parties to this contract agree that the ,rymme twv are, in fact, bass fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mom and conditions sited herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpommd herein by reference. Any additional or different terns and conditions proposed by seller are objected 1a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your promised delivery date as noted. Time is scribe esenec. Delivery and Performance most be tlTected within the time anted on the purchase order and the, documents attached harem. No acts of the Purchasers including, without limitation, accemace of panial lam deliveries, shall operate as a waiver of this Provision. In the event orally delay, the Purchaser shall have, in addition to other legal sad Ignitable remedies, the option ofplcing this order elawhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due m manes not measurably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts fGod, acts of civil or military authorities, govemmenml priorities, fires, stakes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dale of delivery shall h exteadN for the period agml to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and wok mverel by this order will confomr with applicable drawings, Wecifcatimss, samples andlor other descriptions given, will be fit for the purpose intended, and Performed with the highest degree of One and compnene in accordance with accepted standards for work of a similar naure. The Seller agree to hold the purchaser brrmless fmm any loss, damage ar expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scaler shall replace, repair or make goad, without cost to the purchaser, any defecm or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the temps of any applicable warranty provided by the Seller alter the date of acceptance of the good famished hereunder (accepmnce not to be mormosably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or we of good by the Purchaser shall not relation, a waiver of any claim under this waranty. Except as otherwise 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 g tres, but such liability shall in no event include lass of pmfirs or loss of cone. 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 within change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal itrem, including incluiam to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change officers the amount due or the time ofpOr ma hereunder, an equitable adjustment shall her made. 6. TERMINATIONS. The Purchaser may an any time by wrinm change order, terminate this agreement m to any or all parmom or the good then not shipper, subject to any equitable adjustment between the panic in to any walk or materials then in progress provided 1hm the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted pinion of the goods Mi wank, for incidmod or consequential damage, and that no such adjustment h aide in favor of the Seller with respect to any good which are the Sellers srandland stack. No such rernination shall relieve the Purchaser or the Seller oftiny of their obligations in to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjusmrnt marst be, asserted within thirty (30) days f the dare the change or nrmination is ordered 8. COMPLIANCE WITH LAW. The Seller watmnts that ell good sold hereunder shall hove been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect at evidence compliance. All laws and regulations required to be ncopooted in agreements of this character are hereby uncoryoved herein by this reference. The Seller agrees to indmarify and hold the Purchaser hamdes fmm all mstx and damage mfmd by the Purchaser ns a recall of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, hamfer, Or convey this crde, or any mmde due or to become due hereunder without the prior wrinrn mw ml surge, other party. 10. TITLE. The Seller warrants full, clear and mueuicted Lille to the Purchaser for all yuipmrnl, materials, and items finished in performance of this agro men, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claim of others. 11. NONWANER. Failure of the Purchaser to insist upon strict performance of the term and conditions hereof, failue or delay to exercise any rights 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 golds hereunder or approval crime deign, shall not release the Seller of any of the warmmie or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance heremo, any of its rights or remedies as 1. any such goods, regardless of when shipped, received or correlated, w to any prior or subsequent default hereunder, war shall any pmponed oral modification or reci.icn of this purchase Order by the N.ho operate as is waiver of any of the reins hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Tom antimnl violations ere in fact home by the Purchaser. TheM.Ifi rs,nfonr good cause and as consideration for executing this purchase order, the Scller hereby assigns to the Purchaser any and all claims it may now have or become, acquired under federal or shire antitmt laws for such overcharges relating to the particular goals or service purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchase, directs the Seller to rorrem nonconforming or def the good by a date to be agreed upon by the Purchaser and the Scller, and the Seller 1MrcaRer indicate its inability ar unwillingness or comply. the Purchaser may wane the work 1. be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature exulting from the performance ofsuch wank. This release shall apply even in the event or fault of negligence of the party released reed shall extend to lye directors, i (Tars and employees ofsuch parry. The Sellers can eactual obligations, including Monetary, shall not be decmed to be reduced, in any way, because such wok is performed or reread to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, mamrial ar p eel. covered by leaer, patent, nademmk or copyright the Seller shall indemnify and save harmless the Purchaser Lrvm any and all claims for infringement by reason of the use of such pntmmd design, device, material or process in connection wily the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to guy by women ofsuch infringement at any time during the prosecution or after the completion of the work. In more said equipment, or any pan fermf or the intended ace of the goods, is in such suit held to constiNk infringement and the use of said equipment or pan u 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 parrs, repla« the more with substantially equal but noninGnging equipment or modify it so it become rmninfringing. 15. INSOLVENCY. If the Sells shall became insolvent or b ul mpt make an assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The &Fort. ofacrm used Or the ialerymation of the agreement and the righs ofall parries hereunder shell be ronslmed under and governed by the laws affe State of Colomdo, USA. The following Additional Conditions apply only in cases where rise Seller is to perform wok hereunder, including the services of Sellers Repreeen stivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on 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 motor materials before Sellers final completion and acceptance, complete the work at Sellers own ape case and to the satisfaction of the Purchaser. When mterials Mid equipment aR famished by others fan installation Or eccction by the Seller. the Seller shall receive, unload, sort and handle same at the are and become responsible therefor as trough such mreaaB a drar equipment were beingdominated by the Seller under the, order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational disease bmefis, to its employees employed on or in connection with the work covered by this purchase order, author to their dependents in accordance with the lave of the state in which the work is to be done. The Seller am[] also carry comprehensive general liability including. but not limited to, contractual and automobile public liability incournsic with Wily injury and death limits of at least 53 W,oW for any one peaon, S500.000 I.,r any e accidentand poperly, damage limit per accident of S40Q0(p. The Seller shall likewise require his .,.a., if any, 10 provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall f ish the Purchaser with a certifzre that such cum ,ion and insurance have been provided. Such certificates shall specify the dam when such compensation and immune have been provided. Such cenifcate shall specify the date when such compensation and msaance expires. The Seller agree that such compensation and announce shall be maintained until otter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumes the conic responsibilily and liability far any and all Image, loss or army of any kind or nature whow ever to persons or pmperty caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser aid any or all of the Purchasrm officers, agents and employees flown and against any and all claims, hoaxes, damage, charges or expenses, whether direct or inal err, sM whether to persons or poperty to which the Purch.ser may he put or subject by reason of any act action, neglect, omission or default on the pan of the Sells, any of his contractors, or any of the Sellers or contractors oMr.. agents or employees. In case any suit or cafe, proceedings shall b r bought against the 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 contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to defend the same at fe Sellers awn exposer, to pay any and all casts, charges, attorneys fees and other rxpensses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their alfcem, agents or employees in such suits or other pro eedings, and in now judgment or other lien be placed upon at obtained against tre property of the Purchase, or said pption in or as a mull of such suits or other proceedings, the Seller will an once caner the same m be dissolved reed discharged by giving bond Or otherwise. The Seller and his contractor shall take ell safety precautions, famish and msaR all guards na<• ,ry f the Prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Are of 1970 and all ales and regulations issued pursuant thereto. Revised 07n014