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HomeMy WebLinkAbout436804 A-TRAIN MARKETING COMMUNICATIONS INC - PURCHASE ORDER - 9147167PO PURCHASE ORDER 914716er Page City. of PURCHASE 9147167 1.12 ' `t Collins I I ns This number must appear V " on all invoices, packing �sllps 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 Buver: ED BONNETTE Note: PER 7572 FORTZED MARKETING & COMMUNITY ENGAGEMENT SERVICES WORK ORDER CONTRACT WITH A -TRAIN MARKETING. Line Description Quantity UOM Unit Price Extended Ordered Price t FortZED Community Engagement 1 LOT LS 83,140.00 WO #6-JP GTown Energy Prize Marketing Budget for GUEP Implementation (req 48788) 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&cgov.com Total Pay terms net 30 days Invoice Address: 140.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collim is exempt fmm state and local coxes. Our Exemption Nmnba is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ceaificae of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to most upon strict perfnrmance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), examine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of is breach the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of nny, right of the damage in transit, may be resumed a you for credit and art not to be replaced except upon receipt of written Purolator' in insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from Use City of Fort Collins. of when shipped, received or excelled, as to any prior or subsequent default hereundq nor shall any purposed am[ modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the mrmx Repmioo. GOODS ate subject to the City ofFon Collins inspection as arrival. hereof. Final Acceptmce. Receipt of 111e merchandise, services or equipment in response to this order can met in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of the City of I. Collins. However, it is to be umdersmod tom FR AL Seller aM the Purchaser margin. thin in actual aromatic practice, overcharges resulting from anti. ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. violations are in fact home by the Pi rchmec Theatof sm, fa good cams, and m consideration for amcming this Purchase ordeq the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Tough, Terms. Shipments mast be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state 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 order. bill must accompany invoice. Additional charges for Parking will not be accepted. 13. PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrm have pointy in various pans the country, shipment is Purchaser enrols the Sella 10 correct nonconfomming or defective goods by a dare to be agreed upon by the a Purt eat diS menbating distribution lows to dntimlian, and excess freight will h deducted fmm Invoice when expected from the moral a Purchaser the Selleq and the Sellayflocauffor its nubility or unwillingness a comply, the Purchases shipmmu are made fmm greats distance. re musindicates may ca eand may Huse ere work to be pert ed by the most expeditions means available an ir, and the Sella shall pay all wsu assOCialed win such work. Permits. Seller shall premium at sellers sole cost all necessary permits, certificates and he. required by all applicable laws, regulations, ordinances and roles of the slate, municipality, himarry or political subdivision wthac the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agree to hold the City of To" Collins harmless fixing and against all liability and lass incurred by them by reason of an asserted or mablished violation of any such laws, regulations, ordinances, roles and requirements. Authoritarian. All parties to this contract agree that the representatives me, in fact, From fide and possess full and complete intricacy to bind said panics. LIMITATION OF TERMS. This Purchase Oda expressly limits acceptance to the terms and conditions stated herein sec foM and any supplementary or additional toms and conditions amexed hereto or incorporated herein by reference. Any additional at different temp and conditions proposal by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURC14ASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery date m noted. Time is of fie msems. Delivery and performance must h effected within the time savnl on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition ro other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes Out reasonably foreseeable which are beyond its reasonable matml and without its fault of negligence, such acts of'God, acts ofcivil or military authorities, govemmrntal priorities fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmchaur within five (5) days of de time when the Sella first received knowledge aaeof. In the rent of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofth<delta. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will m fit for the purposes intended, and perfumed with the highest degree of care and comFemme in accordance with accepted standard for work of a similar mature. The Seller agrees to hold the pmchasr hamlas fmm any loss, damage or expense which the Purchua may suffer or incur on mcatnl of ere Sellers breach of wamnry. The Seller shall replace, repair or make good. Without cost to the purchaser, any definite or faults arising within one (I) year or within such longer Pmod of time as may be pecom oed by law on by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good frml,hed hereunder (acceptance not to he umemombly delayed), resulting fmm impairer r or defective work done or amounts fum¢bed by case Sella. Acceptance or use of goad by ere Purchaser shill not orboate a waiver of any claim under this summary. Except as cammiu provided in this purchase order, the Sellers holiday hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wvrantow or guarantees, but such liability shall in no evenl include loss ofpmfits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wMam change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, cony make any changes as the terms, other than legal terms, including additions as or deleriom from Use quantities originally ordered in the specifications or drawings, by scrod m wrinen change order. If any such change affects the amount due or the time ofperfontmance hereunder, en equitable adjastmrnr shall be made. 6. TERMINATIONS. The Purchaser may a1 any time by written change ordeq mrmione this agreement m 1p any of all portions of he goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion ofthe goods angler work, for incidental or corea,matial damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stark. No such termination shall relieve thc Purchaser or fie Seller Marry ofdam.bliptiom as many goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fat adjasMenl mum b, asserted within thirty (30) days fmm the due fie change m trnnlredOn l, ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which am good are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorpomted herein by this reference. The Seller agrees in imdemrdly and hold de Purchaser harmless farm all costs and damages suffered by ere Purchaser as a rain, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my minim due or to become due hi ewdn without ere prior women count ofthe other party. IO.TITLE. The Seller wifirm s full, clear and committed title 10 the Purchaser for all equipment, materials, end items famished I. performance of this agreement, fro and dam of any anal all here, restrictions, reservation; security interest encumbrances and claims of others. The Seller shall release the purchase, and its contractors of any an farm all liability and claims of nny Stun resulting fmm the pertormcace afauth wmk. 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 of such parry. The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused o be perfumed by the Purchaser. 14. PATENTS. WTenever the Seller u Organed to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the tenons. road shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, ar any pan thereof or the intended use of the good, is in such stir held to camtimte infringement and the use of said equipment or pan a enjoined, the Soler shall, at its own expense and at its option, either procure for the Purchmcr the right to continue using said equipment or pans, replace the same with substantially equal but nonlnfringing equipment, err modify it an R becomes noninfira,ing. 15. INSOLVENCY. If the Seller shill become insolvent or bankrupt, nuke an assigmmm fat the beaefir of credifrs, notation a occeiver or trustee for any of the Sellers property err business, this order may forthwith be canceled by the Prchaser without liability. 16. GOVERNING LAW. The definition of terns used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consumed under and incensed by the laws ofthe Sate MColamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including ere services M'Sellers Repreu adica s), on the premises of coders I). SELLERS RESPONSIBILITY, The Salle shall way on said work m Seller's mans ask until du same is fully mmpined and accepted, and abull, in cas, of any ucidam, dnwmion or injury 10 the woh andtm materials bet Sellers final completion and acceptance, complete she work at Sellers own expense cad to ere satisfaction of the Purchaser. When material, and equipment are famished by o$ers for insmllatiaa Or arection by the Selleq Use Seller shall receive, unload stare and handle same at the site and become mpamoble therefor as though such materials mglor equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, m its employees employed oa or in common. with the work covered by this purchase order, andam 1r their dependents in accordance cairn the laws rfae stem in which the work is an be done The Seller shall also carry comprehensive gaeral liability including, but rot limited f, mntramml and automobile Public liability insurawe with bodily injury and death limits of at Iemt S300,000 for any one person, 5500,000 far any am accident and property damage limit per accident of S400,000. The Seller shall likewise ntnquirc his contractors, if any, to provide for such compensation and insurance. Bef any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shell famish the Pmshasa with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation said insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim responsibility and liability for any end all damage loss Or injury of my kind r manure wiseacres. at a persmu m property caused by or molting from the execution cram work provided for in this Purcb. • ardor or in mrmeetion herewith. The Serer will iMemaify and hold barmlem ere Fundament and any r all of he Purchasers of em, agents and amployces fmm end egiml my and all claims, losses, damages. charges or expenses, whetber direct or indirect, and whether to persons at property On which the Purchaser may Is, put or subject by reason of any act, action, neglect, omission or default on ere pan of Use Seller, any of his contractors, or any of Use Sellers or contracors o1TJem, agents o employees. In case any suit or other proceedings shall be brought 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 contractors or any of its or their officers, agents or employes as aforesaid, the Sella hereby agreas to assume the defame thereof and to defend ere same at the Sellers own expense, to pay any and all cents, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agens or employees in such suits or orbs r prnceedngs, and in case judgment or radio, lien he placed upon or obtained agalmr Use propmy of ae Purchaser, or mid parties in or as a result of such suits or other prwecding, ere Sella will at once muse the same to be, dismhd and discharged by giving bond or otherwise. The Sella and his contmctm i shall rake all sally ptaautiom, Finnish anal install ell unials naesvey for am pmention of accidents, comply with all laws and regulations with regard to safety including, but wihout limitation, the Occupational Safety mid Health Act of 1970 and all rates and regulations issued pursumt thereto. Revised 072014