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HomeMy WebLinkAbout295767 AADVANTAGE COMMUNICATIONS - PURCHASE ORDER - 9120230Fort Collins Date: 01/13/2012 PURCHASE ORDER Vendor: 295767 AADVANTAGE COMMUNICATIONS 3352 W 19TH ST DR GREELEY Colorado 80634 PO Number Page 9120230 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/12/2012 Buyer: ED BONNETTE 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 1 UTILITIES RADIO WORK BLANKET PO FOR 2012 c3. on=:9-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 1 LOT LS 10,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By stamM the City of Fort Collins is exempt from sore and local taxes, Our Exemption Number is 11. NONWAIVF.R. 98-04502. Federal Excise Tax Exemption Cenifieate of Registry 84-6000587 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 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good 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 or 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 remmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereufnr any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any print or subsequent default he amder, nor shall any pnrportcd nod modification or rescission of this purchase order by the Purchaser operate as a waiver of tiny of the terms Inspection. GOODS arc subject to the City of Fon 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. a rhorizcd payment an the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Thcrcfaforc, for good cause and as cnnsidemtinn for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herafter Freight Terns. Shipments most be F.O.B., City of Fort Collins. 700 Wood St. Fon 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 patmenl to this purchase order. bill must 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 he agreed upon by the expected from the Contest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it. and the Seller shall my all costs associated with such work. Permits. Seller shall practice at ecllax sole cat all necessary permits, eenifieams and licenses required by all applicable laws, regulations, ordinances and mles 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 tendon. Sella further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by Chem by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and rcgttimmcno. Authorization. All panics to this contract agree that the rcprescnntives are, in fan, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sellarm objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to rrive on your pmmiscd delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on :he purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late dclivcrics, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order ckewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such aces of God, acts ofcivil or military authorities, governmental Priorities, fires, strikes, Bond. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) days ofthe 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 Iat by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dnvings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfnmted with the highest degree of care and compdcnce in accordance with accepted standards for work of a ,similar natant. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suRcr or incur on account ofthe Sellers breach of wamnty. The Scllcr,loll replace, repair or make good, without cat to the purchaser, any defects of faults arising within one (1) yen, or within such longer period of time as may be proscribed by law or by the Cents of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance nor to be unreasonably delayed), resulting front imperfect or defective work done of materials famished by the Seller. Acceptance or use of grad by the Purchaser shall not constitute a waiver ofany claim under this watrnnty. Except as otherwise provided in this purehnse order. the Scllers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties 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 IN LEGAL TERMS. The Purchaser may make changes to legal Corms 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 delerions from the quantities originally ordered in the specifications or drawings, by verbal or "final change order. If any such change affects the amount due or the time ofpafe mane 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 goad then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the gads 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 arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) day, fmm the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchases harmless fmm 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 assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10, TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipmem, materials, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cocumbo nas and claims of olhas. The Seller shall release the Purchaser and its cnntncom of anv tier Firm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsuch party. The Selle's commensal obligations, including warranty, shall not be deemed to be reduced, in any wary, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to rise any design, device, material or process covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and save hairiness the Purchaser from any and all claims for infringement by reason of the ac of such patented design, device, material or process in connection with the contras, and shall indemnify the Purchaser for ray cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosccution or after the completion of ncc work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit 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 Proems for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment. or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a mcciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftcrme used or the interpretation of the agreement and the rights craft panics hereunder shall be constmsxl under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to palam work hereunder. including the services of Shccrs Rcpmsentntive(s), undue premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wort: at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Sclicrs Baal completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, ,fare 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. I S. INSURANCE. The Scllcr shalh at his own expense. provide for the payment ofworkem compensation, including occupational disease bone Bt,, to its 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 the work is to be done The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000.for any one person. $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his conrmcon employees shall do any work upon the premises of othcrs, the Seller shall furnish the Purchaser with a certificate that such ermpcnsalion and insurance have been provided. Such certificates shall specify the date when such compensation and insrmnce have been provided. Such certificates shall specify the date when such compensation and 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 entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resrlting Form the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indcmnifv and hold hamdcss the Purchaser and any r all of the Purchasers ofcers, agents and employccs from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to person, or property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or dcfrult on Che pan of the Seller, any of his contractors, or nqv of the Sellers or contactors officers, agents or employees. In case any suit or other proceeding, 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 Sella of any of his enntmemrs or any of its or their onicem. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the vnic at the Sellers own expense, to pay any and all costs, charges, avomcys 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. agents or employccs in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the pmperty ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be di..I,cd 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 of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all ndcs and regulations issued Immoral thereto. Revised 03/2010