HomeMy WebLinkAbout524235 MONARCH MEDIA INC - PURCHASE ORDER - 9134749 (2)Fort Collins
Date: 12/09/2014
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
4 Addendum to add funds
Per Requisition #48820
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 EA
••: 11
$448.00
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
I. COMMERCLV.DETAIIS.
Tax exemption. By statute Be City of F.m Call. is exempt from sate rand local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Conificatc of Registry 84-6000589 is registered with the Colleen, of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993. Chapter 39 26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to demurs of
damage in transit, may be returned to you for credit and are not to he, replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City tarpon Collim inspection on forma],
Pint Acceptance. Receipt of the merchandise, wrvicsS, or equipment in response to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it is to be undersmod that FINAL
ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fan Collins, TIIO Wood St, Fort Collins, CO 80522, mile.,
otherwise specified on this order. Ifpermisnon is given to prepay freight and charge separately, the original freight
bill must acconamov invoice. Additional chances for packing will nor be acemted.
Shipment Distance. When manufacmms have disuwuting points in varmirs pans of the country, shipment is
expected form the tract distribution point m dexamama, and excess freight will be, dndueed from Invoice when
shipments are made fmm grater disauce.
Permits. Seller shall p.am at sellers sale cast all narssm, permits, certificates aM licenses eluirnd by ill
applicable laws, regulations, ordinances and ales of the sore, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vendor, Seller further Agreca to hold the City of Fort Collins harmless fmm and against all liability and loss
remain by them by rean Of An assured or .mblished violation of any such laws, regulations, ordinances, ales
and requirements.
Amhoriontion. All parties to this conmam agree slut the repmsenutives are, in fact, bow fide And possess full and
complete authority to bird said paA,..
LIMITATION OF TERMS, This Fumhme Order expressly limits accepdn¢ m the terms and mnditiom stared
heein sa foM and any supplementary or additional teams and conditions annexed herein or incorporated herein by
reference. Any Additional or diBcrent tams, and conditions proposed by sells are Objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dare a noted. Time is of me essence. Delivery and performance most be effected within the time
stated on the purchase order and Be documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall Opemre as a waiver ofthis provision. In the event ofany delay,
the Ptuch.er shall have, in addition to other legal and muimblc remNies, the option of placing this order elsawhere
ad bolding the Sella liable for damages. However, the Seller shall trot her liable for damages as a result of delays
due to areas not reasonably foreseeable which am beyond its reasonable control ad without its fault of negligence.
such Aas of Gad, acts ofcivil or military authorities, gwarmental priories, free. strikes.!lord, epidemics, wars or
dom provided that notice of the conditions causing such delay is given to the Purchmer within five (5) days of Nc
time when the Seller Butt received knowledge do mof. In the event Of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all gnuds, articles, materials and work covered by Its order will conform with applicable
drawings, specifications, samples norm other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with Accepted standards for work of a
similar ware. The Sella agrees to hold the purchaser humlas favor any loss, damage or expense which the
Purchaser nay sutT or incur on Account of the Sellers branch ofwamnry. The Seller shall replace, repair or make
good, without cost to the puwhaam any defecm or faults arising within one H) year or within such longer 'mod of
time as may be presented by law or by the arms of any applicable warranty provided by the Sella after the date of
acceptance of the goods finished hereunder (Acceptance not to be unseasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptonce or use of goods by the Pumhaser shall not
onstiNte a waiver of any claim under this wauanry. Except As otherwise provided in this purchase rdeq the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warcurnes
or guar noes, but such liability shall in no event include lass of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TER1,1S.
The Purchaser racy make changes As legal team by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchmer may make any changes to the terms, other than legal tears, including Additions As or deletion, from
Nc 9uamiriea ariginWly ordered in the sFtti6cations or drawings, by verbal or written change order If any such
change affects the amount due ."he time ofperfofmance hereunder, An equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this mincemeat . to any or all portions of the
goods then not shipped, subject to any expansible adjmtmmt between the pani. As to any work or materials then is
progress provided that the Purchmer shall not be liable for any claims for Anticipated profit ma the uncompleted
parthm of the goods ardor work, for incidental Or consequential damages, and that ma such adjmmment be, made in
favor of the Seller with respecno any good which Art the Sellers staMand stock. No such mminatim shall mhave
the Purchmer or Be Seller Of any of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment nmt be Asserted within thirty (30) clays from the date the change or maturation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in soil
compliance with all Applicable laws and neguwlians As which the goods Are subject. The Sella shall execme And
deliver such &cumee As nay he r yuirN 1. effect or evidence morpli rme. All laws and reIp inns required As be
incorporated in agreements of this chaacner Are hereby mcm,sowd herein by Nis nefemnce. The Sella ogrea to
indemnify and hold the Purchaser harmless from all costs and damager suffered by the Purchaser as a mull of the
Sellers failure no comply with such law.
9. ASSIGNMENT.
Neither party shall assign, t anxfev or convey Nis order, or any Amami due or to become due hereunder without the
prior written comet of the other parry.
10. TITLE.
The Sella warrants bill, clear And um.tficted title to the Purchasm for All equipment, materials, and items fumishnd
in Performance of this agreement Bee and clear of any AM all liens, etionam, rescrvatioss, sduriry wheel
encumbrances And claims ofothcrs.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
any rights or remedies provided herein or by law, failure to promptly carry the Seller in the event of a
breach,the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties of obligations of this purchase order and shall not be deemed A waiver of any right of the
purchaser to hour upon stria performance hereofor any of its rights or remNies as to any such goods, regardless
of when shipped, received or accepted, As to any prior or subsequent default hereunder. Our shall any pmponed
am[ modification or rescission of this purchase order by the Purchaser agenda As a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Pachnser recognix that in actual ammannic practice, merchargma resulting mica contraat
violation, are or fact home by the Foochow, Theraofore, for good cause and as comidenrion for execding this
purchase order, the Seller hereby assigns In the Purchaser any and all claims it may now have or hereafter
acquired under federal or slate ontiuust laws for such overcharges relating to the particular goads or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchase directs the Sella to coned nonconforming or defective goods by a date to be agreed upon by the
Purchase And the Sella, and the Seller Nermfter indicates its umbiliry «unwillingness to comply, %e Purchaser
may cause the wok to he performed by the most expeditious mean Available As it and the Seller shall pay all
wso, assm.had with such wank.
The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any ware
resulting from the performance of such work.
This release shall apply even in the evenI of fault of negligence of the party, released And shall extend to the
directors, offrom and employees of such patty.
The Sellers roanctand obli,.tiom, including w 1y. shall ram be demand m be reduced, in any way, becawe
such work is performed or caused m he perforated by the Purchmer.
14. PATENTS.
Whenever the Seller is rtqulred ho use any design, device, material or process mvercd by labor, patent, trademark
or copyright, the Seller shall indemnify and save Jamaica, the Purchmer from any and all claims for infringement
by reason of the use of such patented design, device, material or prawn ec in connection with the contact, and
shall indemnify the Purchaser for any cost, 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, Or
any pan thereof or the intended use of the goods, is in such suit held 1A conatimm inGngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, eider possum for the
Purchaser the right to continue using said equipment or puts, replace the sane with substantially egwl but
reninfringing equipment. or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baNaupt, make an assignment for the benefit of creditors, appoint a
mdvm m trustee far any of the Sellers pmpMy or business, this order may forthwith be canceled by the
Purchasr without liability.
16. GOVERNING LAW.
The definitions oftemas used or the interpretation ofthe agreement And the rights of all parties hereunder shall be
consumed trader and gcommed by the laws of the State ofColomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to Perform wok hereunder,
including the service of Sellers Represmmrivgs), on the premises ofaWers.
IT. SELLERS RESPONSIBILITY.
The Sella stall cart, on said work a1 Seller's own risk until the some is fully completed And aacepted, And shall,
in rase of any Accident, destruction or injury to the work andsor materials before Sellers f I completion And
Acceptance, complde the work At Seller's own expense and to the satisfaction of the Purchmer. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor m though such materials andor equipment
were being famished by the Sella under the order.
18, INSURANCE.
The Sella shall, ar his own expense, provide for the payment of workers compensation, including Occupational
disease benefits, m its employees employed on or in connection with the work covered by this purchase order,
endow m their dependents in accordance with the laws of the state in which the work is to he done. The Sella
shall also tarry comprehensive gneml liability including, bur not limited to, contncmd end smomobile Dublic
liability ma -a-, with bWi1y injury And death limns of to least S300,00K) for tiny one person. SS W,(%q for any
one accident and pmpmy dmage limit per accident of $400,000. The Seller shall likewise require his
contractors, draw, up -side forsuch compensation and insurance. Before any of the Sellers or his contractors
employes shall do any work upon the premises of others, the Sella shall manish foe Purchaser with a certificate
that such compensation and immune have been provided. Such cenificates shall specify the date when such
mmpertsation And assurance have been provided. Such certificates shall specify the date when such compensation
and imunrm, expim. The Seller agrees that such memoranda. and i cams a shall he maintained Ansel After the
mum wok is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. _
The Seller hereby as.. he amine responsibility uN liability for Any And all damage, loss or injury of any kind
or namm whatsoever to persom or pmpary, caused by or mulling from the execution afthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold Inmates. the Purchmer and any
or all of the Purchasers ollicem, Agents And employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, And wheher in persona or property to which the Purchase may
Fie put or subject by f sman of any Act, Action, neglect, omission or default on the pan of the Seller, Any of his
ontractors, or any of the Sellers or comaraton officers, agents Of employees. In case any suit or other
proceedings shall he brought e,I. the Purchaser, Or its oMo.,.,a. or employees At Any time on as. or
by remov of Any Act, Action, neglen, omission m default of the Seller of any of his eontrators AS, any of its of
thew officers, agents or employees As aforesaid the Sella hereby agrees to resume the defense thereof and m
defend the same. the Sellers own expense, to pay any ad all wsm, charges,..,, fees And other expenses,
any and all judgments that may be incorrN by or obtained against the Purchaser of my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or
Admired against the property of the Purchaser, or said portion in or As a result of such suits of other pmcendings,
the Seller will At once cause the snore to be dissolved and discharged by giving band or otherwise. The Seller and
his contrctom shall take all safety precoutiom, famish And install all gum& necessary for the prevention of
accidents, comply with all laws And regulauom with regard to salary including, but without limitation, the
Occupational Safety and Health All of 1970 And All ales And regulations issued pursuant Room.
Revised 071'2014