HomeMy WebLinkAbout540387 MOGO MARKETING & MEDIA INC - PURCHASE ORDER - 9150348Fort Collins
Date: 01/15/2015
PURCHASE ORDER
Vendor: 540387
MOGO MARKETING & MEDIA INC
21 TAMAL VISTA BLVD, STE 207
CORTE MADERA CA 94925
PO Number Page
9150348 1012
This number must appear
on all invoices, packing
sli i and labels.
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 01/14/2015 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Lincoln Ctr Advertising 2015 1 LOT LS 15,000.00
Blanket Order. DO NOT MAIL
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.00m
Total $15,000.00
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. COMMERCIAL DETAILS.
Tax exemptions. By image the City of Fort Collins is exempt Imm stale and that tams. Our Exempton Number is
9"502. Federal Excise Tax Exemption Cmifrcate of Registry 84fi000587 is remained with the Collector of
Interco[ Revenue, Denver, Colorado (Ref. Colorado Revised States 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure in men specifications, either when shipped or due to defects of
damage in transit, may be reamed to you for credit and are not in be replaced except upon receipt of written
instmaions from be City of Fon Collin.
Inspection. GOODS ate subject to the City of Fort Collin impeach on radical.
Final Acceptance. Receipt of be merchandise, o—crai
or equipment in response to this order canresult in
authorized payment on the pan of the City of ran Collins However, it is to be understand butFINAL
ACCEPTANCE is dependent upon completion of all applimble regwd inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Pon Collins. CO 80522. unless
otherwise specified on this order. Uprnnission h given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Whew manufacturers have dulriboring points in various pans of the country, shipment is
expected from the nmarest diariburion point to desmatim, ad excess freight will be deducted from Imoice when
shipments are made from greater distance.
Permits. Seller shall pmmre at sellers sole cost all necessary permit, certificates and licenses required by all
applicable laws, regulations, ordinances and miles ofthe state, municipality, mmtory or political subdivision where
the work is performed, or requir d by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller fuller ages m hold the City of For Colliers hamnless from all against all liability and lass
ncmmd by ban by reason of an assured or established violation of any such laws, regulation, ordinances, rates
and mluir menb.
Author zmian. All panics m this contract agree that the .pre odathms are, in fact, burin fide and possess Rill and
complete authority to bind said penis.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance a the emu aad conditions sired
herein set forth and any supplemrntry or additional terra and condition aerated beret. a incorporated herein by
reference. Any additional or dilacardt ins and conditions proposed by sells arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to am- oa you
promised delivery date as mated Time is of the essence. Delivery, and performance most be effected within the time
stand on the purchase order and the documents attached harem. No was of be Pumhues including. without
limitation, acceptance of panial lave deliveries, shall aperam as a waiver of phis provision, In die eve. army 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, the Seller shall not be liable for damages in a result of delays
due to ..a Out rmmcobly Receivable which are beyond its reasonable control and without its fault ofoc,li,mv, ,
such acts afcd, acts ofeivil or Orion, authorities, govemmentl prionfies,fires, strikes, flood, epidemics, wars or
riots provided but notice of be condition musing such delay is given to hie Purchaser within five (5) days of the
time when the Sella fit received knowledge thereof In the event of any such delay, be date of delivery shall W
extended for the peril equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants nor all goods, anicls, nommils and work coveted by this order will conform with applicable
drawings, apircifiwtimes, sample, and/or order derma tiom given, will be fit for arc purposes braced, and
performed with the highest degree of rare and temperanre in accordance with accepted standards for work of a
similar nature. The Sella agrees to held the puchaser harmless from any Ins, damage or expense which Ne
Purchaser may coffer a incur on section of the Sellers breach of warmmy. The Sells shall replace, repair or make
god, without cost to On, purchaser, my defect or fault arising within one (p year or within such longer peril of
dine as may he prescribed by law or by the tans army applicable warranty provided by be Sella after the doe of
hceptmce ofthe goods Bombard hereunder (acceptant not to be muesonably delayd), resulting from imperfat
or defmtive work done or materials Famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver OF., claim ads this warmury. Except as otherwise provided in this purchase order, the Sellers
lisbil ity hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guamnarea but such liability shall in no event include loss of profit 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 chm s to legal tense by ."a change order.
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make any thongs m the terms, other tan legal team, including additinu ao or deletion from
the quamities onginally ordered in the aped icatiom or drawings, by verbs or won change order. If any such
change Officers the amount due or be time ofperf race heremda, an equitable adjustment shill Fit made.
6. TERMINATIONS.
The Purchaser may m any time by wrinen change order, terminate this agreement as to my or all pondsof the
goods then not shipped, subject to any equitable adjustment between the panics as to my work or maialu erthen in
progress provided that the Purchaser shall ant be liable for any claims for anticipated profits on be uncampleard
punier of the goods and/or work, f incidental or consequential damages, and Nat no such djnOnmt be made in
favor of the Seller with aspect to try gads which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller crony oftheir obligations an to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment meet be assered within Niry (30) days from the date the change or termination u
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunda shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws ad regulations m which be goods are subject. The Sella shall execute and
deliver such dhummts u maybe required to effect in evidence compliance. All laws and regulation requird to be
incoryomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamalas from all msb and damages suffered by be Purchaser a a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tanfer, or convey Nis order, or my mows due or ro become due har m kor without be
prior omen consort of the other any.
10. TITLE.
The Seller warrants Poll, clear and umstdcted title to be Purchaser for all equipment materials, and items fumished
in performance of this agreement, free anal clear of my and all lien, restrictions, reservation, security interest
eammbrmas and els ims of orders.
I I. NON WAIVER.
Failure of the Purchaue to insist upon inner pert mare of the team and conditions hereof, failure or delay e
exercise any rights or readies provided herein or by law, failure to Promptly notify be Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe dmign, shall not release thc Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
Purchaser to imist upon snip performance hereafor any of its rights or remedies as to any such goods, regardless
of whin shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my pumored
oral modification a rescission of this purchase order by the Purchaser ope mte as a waiver of my of the [emu
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchases recognize that in actual economic practice, overcharges resulting from amtitran
violations are in fht home by the Purchaser. Theretofore, for good cause and m consideration for executing Ws
pmchue order, der Seller hereby assign to the Purchaser any and all claims it may now have or hereafter
acquired under f deal or state rumored laws for such overeM1args reining to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purclase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coma nonconforming or def Live goals by a date to be agreed upon by the
Purchaser and the Seller, and the Seller therrzner radical. its nobility biliy or unwillingness 1. comply, the Purchaser
may muse the work to be performed by the most expedition mean available to it and the Seller shall pay all
costs associated with such we&.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my more
resulting from the performance of such work.
This release shall apply even in the event of fault of negligmre of the party released and shall extend to the
director, officers and employes of such patty.
The Seller's rontmmual obligations, including warranty, shall not be dremed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required mere my design, devise, material or Farmers covered by lever, pant, trademark
or copyright, the Seller shall indemnify and save humtle. the Purchaser from any and all claims for infringement
by reason of the are of such patented design, device, material or process in connection with the contract and
shall indemnify the Pachner for my can, experae or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In cue said equipment, or
my pan Nmmf or ire intended use of the goods, is in such suit held to comets, infn-ngarem and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at it option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
mminfringing auipment or modify it so it becomes noninfringwg.
15. INSOLVENCY.
If the Sells shall become insolvent or bankrupt make an asslghmem for the benefit of creditors, appoint a
or tomme for my of be Sellers property or burin os, this order may foMwith be, canceled by the
Purohemr without liability.
16. GOVERNING LAW.
The definitionsof temu used or are Interpremtion of the agreement and the right ofall parties hee ncilm shall be
com o eciander ad governed by the laws ofthe State of Colamdo, USA.
The following Additional Condition apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Representativas), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry an mid work in Sellers own cisk mail the same is fully completed and accepted, and shall,
in case of my accident destruction or injury in the work and/or materials before Seller's Goal completion and
aceptance, compl a the work at Seller's awn asthma, and in Ne satisfaction of Ne Purchaser. When maerials
and equipment are Punished by .,has for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become cesponib[e therefor as though such ma ernaH and/or equipment
were being finnahed by the Sella under the order.
UL INSURANCE.
The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational
disease benefit, to it employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which be work is to be done. The Sells
shall .1.. carry compaheuive gmerl liability including. but tat limited an. contractual had automobile public
liability insurance with bodily injury and dcN limit of at least S300,000 f my one prawn, 3500,0o0 for my
one accident ad property damage limit per accident of S400.000. The Seller shall likewise require his
racmra, if any, to provide for such comperrm m and ince.. Her.. any of the Sellers or his contactors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a radical,
that such compensation and insurance Imve been provided Such certificates shall specify the dare when such
compensation and insurance have been provided Such cerifimts shall specify hie date when such compensation
and imuahe expims. The Sella agrees tar such compenatim and i.e. stall be neinmwed wnl crier be
entire work is crmplo d and ac«pted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire ruponsibility and liability for any end ill damage, loss m injury of any kind
or nature whtrover to persons or property mused by or moulting from the execution of be work providd for in
Nis purchase order or in comtection herewiN. The Seller will indemnify and Wit hornless the Purchaser and any
or all of be Purchasers officers, agents and employees from ad either my and all claims, knows, damags.
charges or expenses, whether direct or indirect, and wheher to persons or papery no which be Pankiner may
be put or subject by reason of my act, action, neglect omission or default on the pan of the Sells, any of his
ammetors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees in my date on account or
by mosen of my act, action, neglect, omission or default of the Sella of try of his contractors a any of its or
tea oRcers, agents a employees as Of mid, Ne Sella hereby ogres Or assume the defenx therm( and no
defend be same in the Sellers own expense, to pay any and all cast, charger, anomeys fees snd other expenses,
any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their oRces,
agents at employees in such suds or other proceedings, and in case judgment or other lien be placed upon or
obtained against der property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will in tame muse be same to he dissolved ad discharged by giving bond in otherwise. The Sella and
his contractors shall one all safety precaution, famish and mall all guards nsessary for the pmentio. of
accidents, comply with all lams and regulation with regard a safety including, but withaut limitation, be
Occupational Safety and Health Act of 1910 and all tales and regulation issued pmsumn thereto.
Revised 07=4