Loading...
HomeMy WebLinkAbout268312 MSN COMMUNICATIONS INC - PURCHASE ORDER - 3212064City of art Collins Date: 01 /06/2012 Vendor: 268312 MSN COMMUNICATIONS INC 20 INVERNESS PLACE E ENGLEWOOD Colorado 80112 PURCHASE ORDER PO Number Page 3212064 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price Video Detection Equipment 1 LOT LS 20,000.00 Annual C3. O✓le:s�Q%� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 Total Invoice Address: $20,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-0W502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39Q6, 114 (a). exercise any righh or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specificmiortc, either when shipped err due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of writteo purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hanmder, nor shall are purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Porchascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the unrest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thercafor indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. rise cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs nsxnciatcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. ecnifieams and licenses required by all applicable lases, regulations. ordinances and rates of the sate. 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. Scller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by maven Man asserted or established violation of any such laws, regulations, ordinances rules and requirements. Anthorization. All panics to this contract agree that the rcprcscnmtives am. in fact bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tames and conditions stated herein set forth and any supplementary or additional name, and conditions annexed hereto or incorporated herein by reference. Any additional or difierent temw and conditions pmposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the davmcnts attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the went ofany 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 as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires strikes Bond, epidemics wars ra riots provided that notice of the conditions causing such delay is given to the Purchaser within five (3) days of the time when the Seller first received knowledge thereof. 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, artidcs, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be ❑t for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace repair or make good, without cost to the purchaser, any dcfmts or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terns of any appl icabic warranty provided by the Seiler aner the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 wommics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES I N LEGA L TERMS. The Purchaser may make changes to legal temu by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or oriman change under. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjewtmcm between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such temdnation shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless front all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances sad claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature 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 directors, officersand employees of such parry. The Sellers contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because such Lend, is performed or caused to be performed by the Puehascr. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark err copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it mov be obliged to pay by reason ofsuch infringement at any time during the prosecution or aAct the completion ofthe work. In case said equipment, or any part thereof or the intended use of the gads, is in such suit held to constitute infringement and the use of said equipment or pan is 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 pans, replace the same with substantially equal but nnninfn'nging equipment Or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become i,.Ivent Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmetce for any of the sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temrs used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rep xsenative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, 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 as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cmplayees employed on or in connection with the work covered by this purchase Order. and/or to their dependents in accordance with the has of the state in which the work is to he done. The Seller shall also carry compmhcio oc general liability including, but not limited to, contractual and automobile public liability insurance with h«lily injury and death limits ofat least $300,000 for any one person. S500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a ecrifieatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hnvc bcen provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insumum shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asswnes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution ofthe work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees item and against any and all claims, losses damages. charges or expenses, whether direct or indirect. and aIncliner to persons or pm x:rry to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors affects, agents or 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 tiny of his eontmctors or any of its or Ihcir officers, agents Or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at 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 Purchnscr or any 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 obtained against the property ofthe Purchnscr, or mid panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions famish and install all guards necessary for the prevention M accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and nil miss and regulations issued pursuant thereto. Revised 0312010