HomeMy WebLinkAbout524235 MONARCH MEDIA INC - PURCHASE ORDER - 9134749Fort Collins
Date: 04/15/2014
Vendor: 524235
MONARCH MEDIA INC
406 MISSION ST, STE J
SANTA CRUZ CA 95060
PURCHASE ORDER
PO Number Page
9134749 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 08/28/2013 / Buyer: DAVID CAREY
Note: /
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Amendment#2 e-learning courses 1 LOT EA 500.00
Per Requisition #47172
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
$500.00
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. COMMERCIALDETAILS.
Tax exemptions. By acute the City of fart C.1 ins is exempt fium suite and karat cons. Our Exemption Number is
98-(4502. Federal Exciu Tax Exemption Cer ificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sondes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due On failure to racer specifications, either when shipped or due to defeats of
damage in tremii, may he resumed to you for credit and are not to he optimal except upon receipt of written
insuufions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Callim inspection oa amval.
Final Acceptance. Receipt of he merchandise, services or equipment in response to this order can result in
anthorited payment on the part of the Ciry of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is drpcadent upon completion of all applicable required inspection procehua.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless
otherwise specified on this orda. If permission is given to prepay freight and charge sepan ely, the original freight
bill most umm any invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution Isom to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Sella shall procure at selless sole cost all necessary permits, certificate end licenses required by tell
applicable lass, regulations, ordinames and roles 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 agrees to hold the City of Fon Collins harmless from and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordian nces, roles
and mauiramm�.
Andionation All parties on this contract agree that the sepreandauma are, in fact, bow tide and possess full end
complete authority m bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled
herein set forth and any supplementary or additional names and conditions annexed hereto or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller am objected in and herebyrejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if yr. cannot make compine shipment to arrive oa your
promised delivery date as noted. Time is of the essence. Delivery and performance mat be e@ded within the time
stated on the pd<hase order and the documents attached hereto. No arts of the Purchasers including, without
limitation, acceptance of partial late delivma, shall operate as a waiver of this provision. In he event of my delay,
the Purchase, shill have, in addition to other legal and quicble remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not he liable for damages as a result of delays
due to cause not reasonably foreseeable which ore beyond its reasonable caudal and without its fault of negligence,
such cars of God, acts ofcivil or military authorities, governmental priorities, fues, strikes, Bond, epidemics, wars or
riots provided Nat notice of the conditions causing such delay is given w the Purchaser within five (5) days of the
time when the Seller f r received knowledge thermr. In the event of any such delay, the date of delivery shall be
exfmded for the period Oral to the time actually lost by rmmn of the delay.
3. WARRANTY.
The Seller warrants that all gouda, articles, materials and work covered by this order will comfort with applicable
drawings, specifications, somples unfair other descriptions given, will be fit for the purposes intended, and
performed with he highest degree of care and competence in accordance with accepted standard fat work of o
similar nature. The Sella agrees on hold the pumluur hmmlecs from any loss, damage or expense which the
Purchaser may suf a or incur on account of the Sellers breach of wamenry. The Sella shall replace, repair or make
goad, without cost to the purchaser, any defects or faults arising within one (1) year air within such longer period of
time as may be prescribed by law m by the terms army applicable wdranm provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting form imported
or defective work dram or materials famished by the Sella. Acceptance or me of goods by the Purchaser shall not
constimm a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liabiliy hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing anomalies
or guaramees, but such liability shall in no event include lose of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMgf
The Purchaser may make changes to legal perms by written change order.
5. CHANGES RJ COMMERCIAL TERMS.
The Purchaser may rwke any changes to the tera, other than legal tams, including additions to or deletions aom
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofpM rmnnce hereunder, an equitable adjustment shall be made_
6. TERMINATIONS.
The Purchaser may at any time by wdaen change order, terminate this apartment m many or all ponfns of the
goad then not shipped, mi to any equitable adjustment between the Panic as to tiny work or mmcrids then in
progress provided fast the embuma shill an, be liable fat any claims for anticipated profits on the uvmmI lood
portion of the goods mXor work, for incidental or emiamential damages, and that no such adjnstmeat be made in
favor of the Seller with respect o any good which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller rimy of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for ad ucament most be asserted within thirty (30) days tram he date me change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in min
compliance with OR applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be remained to abet or evidence compliance. All laws and regulations required to be
incurpomted in agreements of this chamner are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless Gam all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall asigo, eaafer, m convey this order, or any monies due or to become due hereunder without he
prior wonen consent ofthe other party.
10. TITLE
The Sella warrants fall, of. and unrafticted bite to the Purchaser for all equipment, rnmerials, cab items fmished
in pafomr ce of this agreement, free and clear of any and OR lima, restrictions, reservations, senuiry interest
moumbrun¢s and claims of others.
I I. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to Promptly notify he Sella in the event of a
breach, the acceptance of or ynyment for goods hereunder or upprm'al or the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall vat be deemed a waiver of any right of the
purchaser to insist upon strict performance beromfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any Prior or subsequent default hereunder, we shall any puryorted
and modification or rescission of this purchase order by the Pumhaso operate as is waiver of any of the terms
horaf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella ud the Purchaser recognize that in clual economic passaiae, averchmges raultim from if.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for examing this
purchase mile,. the Sella hereby assigns to the Purchaser any and it claims it may now have or hereafter
acquired under federal Or suit, antitrust laws for such overcharge relating to the particular goods or services
purchasd or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchase directs the Seller to cored nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expcddiu . means ...ilnble to in and the Seller shall pay all
costs a osaintal with such work.
The Seller shall release the Purchaser and its eantmctors of any des farm all liability and claims of any rodre
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
directo, officers and employees ofsach party.
The Sellars cmnmemal obligations, including warrany. shall cot be deemed to be reduced Or any way, For.
such work is performed or caused to be performed by the Purchan.
14. PATENTS.
Whenever the Sella is required to me any design, deyme, material ar now. covered by lend patent, trademark
or enpyfight, the Seller shall indemnify and save harmless the Purchase from any and all claims for infringement
by reamer of the use of such pmenmd design, device, data bd or process in corm mum. wih he warner, ad
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to any by reason of such
infringement at any time during the prosecution or after the completion of the work. in case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, he Sella shall, at its own expense and at its option, either procure for the
Purchaser he right to continue ming said equipment or parts, replace the same with subso ally equal bar
noninfringing quipmend, or most it so it become roninGnging.
15. INSOLVENCY.
If the Sella shall became insolvent or hankmpn, make an assignment for he benefit of creditors, apIwaid a
maser or uunee for very of the Sellersproperty or business, this Order may forthwith be canceled by he
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterns used or the inneryreorion ofthe agreement and the fights of all parties hereunder shall be
committed under and governed by the laws ofthe Sad of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work Maunder,
including the sernca of Sellers Rrpreundtiv (s), on the premisa of odrers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry, an said work at Sellars own risk until the same is fully completed and arcepted and shall,
in case of any acrobats, dawction or injury m the work anNor materials before Seller's fool completion and
acceptance, complete the work at Sellars own expense and so the smisfaction of the Purcbaer. When naterials
and equipment are fumished by others for installation or erection by the Sella, the Sella shall receive, unload,
store and handle some at the site and become responsible therefor as though such materials and/or equipment
were being fumished by the Sella under he order.
1$dNj*b dNCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including ascup sional
disease benefits, to its employees employed on or in aromatic. with he work covered by this purchau order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also tarty comprehensive general liabiliy including, but not limited to, ornamental and automobile public
liability insumnee wino bodily injury and dearth limits of at I., S300,000 for any am person, S500,000 for any
fewwcidea, and property damage limit per iccidenl of y100,000, The Seller shall likewise require his
con urors, if any, to provide for such compensation and Insurance. Before any ofthe Sellers or his contmdors
employees shall do very work upon the premises of others, the Sella shall famish the Purchaser with a cenificate
that such compensation and insurance have been provided Sash cenificate, shall specify the date when such
conformation and iaurcnce have been provided. Such certificates shall specify the date when such compensation
and insurance expire. The Sella agrees that such compensation and insanme shill be maintained until after the
entice work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume, the entire responsibility and liability far any and all damage, loss or injury crony kind
or dorm whatsoever to persom or property caned by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and held harmlas the purchaser and my
or all of the Purchasers mrstra, agents and employees from and against any and all claims, Ineses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default an the an of the Seller, any of his
conuactors, or my of the Sellers or contractors officers. agents or employees. In case any suit or offer
proceedings shall be brought against the Purchases, a its ollicers, agents or employees al any time on account or
by mason of any act, union, neglem, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employee as aforesaid, flee Seller hereby agrees to assume the defense thereof ant to
defend the same in the Sellers own expense, to pay any and all costs, 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 heir olticas,
agents or employees in such suits or other proceedings, and an case judgment or other Ban be placed upon or
obtained against the property of the Purthan, or said parties in Or as a result ofsach suits or other praccedings,
the Seller will or once cause he same w be dissolved and discharged by giving bond air otherwise. The Seller it
his contmct,rs shall take all safety precautions, fmish and install all guard nreesmry for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupatimul Safety and Health Act of 1970 and all roles and mgulzhom issued pursmnt themo.
Reused 0L2010