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HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 3212242City of �.,Fo�rt Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 124503 SAGE TELECOMMUNICATIONS CORP 6700 RACE ST DENVER Colorado 80229 PO Number Page 3212242 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket Order Utilities 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 statute the City of Fort Collins is exempt fmm some and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000557 is registered .with the Collector of Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions form the City effort Collins. Inspection. GOODS are subject to the City of Fen Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terrors and conditions hereof, fro ihim or delay to exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder Or approval of the design, shall rim release the Seller of any of the warts,,tics or obligat inns of this purchase order and shall not be formed a waiver of any right of the purchaser to insist upon strict pciTennanee hereofor 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, nor shall any purported oral modification or rose ission of this purchase order by the Purchaser npemte as a war iver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can resdt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen 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 home by the Purchaser. Theretofore. for Send 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 most be F.O.B., City of Fen Collins, ]IX) Wood St, Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods on services othmviw specified on this order. If permission is given to prepay freight and charge sepamtely, the original freight purchased or acquired by the Pnrchnscr pursuant 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 manufneturcm have distributing points in various parts 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 nearest distribution point to destination, and excess freight will be deducted from Invoice ,,'hen Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pav all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permim certificates and licenses mquired by all applicable laws, regulations, ordinances and rules of the state. municipality, Icrdmry 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 Fen Collins Formless force and against all liability and loss incurred by them by mason of no asserted or established violation of any such laws, regulations, ordinances rules and requirements. Amhonzation. All panics to this contract agree that the represcnmtives arc, in fact, bona fide and passes,, full and complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any seppleme rmy or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions propoeed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No act% of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any 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 muses not reasonably foreseeable which arc beyond its rca%onable control and without its fault of negligence, such acts of God, acts efeivil or military authorities, governmental priorities fires strikes, flood epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Bust 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, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 nature. The Seller agrees to held the purchaser homeless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellersbroach of warranty. The Seller shall replace, repair or make good, without cost to the purchascr, any defects or faults arising within one(]) year or within such longer period of time as may he prescribedby law or by the terms ofany applicnble wnrmntypmvidcd by the Seller ancr the date of acceptance of the goods fumished hercunda (acceptance not lobe unreasonably dcloyed), rcsulling front iinperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this ..am. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wormnties or guarantees, but such liability shall in no event include loss ofpmfits or loss fuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms 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 written change color. If any such change affect%the amount due or the time of performance 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 adjustment 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 of the 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 termination shall relieve the purchascr or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys from 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 furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents ns 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 Purchaser harmlc< From all costs and damages suffmod by the Purchawr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies due or to become 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, resonation, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the patty rdrowd and shall extend to the directors, mF¢ets and employees nfsuch parry. The Seller's contracutal obligations including warranty, shall not be deemed to be milimet in any way, because such work is performed or caused to be performed by the Pnrchnscr. 14. PATENTS. NTcnever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save hamiless 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 far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ancr the completion ofthe work. In case mid equipment or any pan thcrcnf 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 the Seller shall, at its own expense and at its option, either procure for the Pumbawr the right to continue using said equipment or parts replace the same with substantially equal but voninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpq make an assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms owd or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed undcr and governed by the laws ofthe Statc of Colomdo, USA. The following Addition,,] Conditions apply only in cases where the Scllcr is m perform work hereunder. including the services of Scllcrs Reprewate ive(s), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully complded and accepted, and shall. in ease of any accident destr action 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 ofthe Purchaser. When materials and equipment are Finished 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 furnished 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 bcnefns 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 fearful liability, including, but not limited to, contractual and automobile public liability insurance with hodily injury and death limits of rot Ieaxl S300.000 for any one person. $560.00 for any one accident and property dmmage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and ins rance. Before any of the Sellers or his contractors employees sha11 do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance 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 aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller lumbv resumes the entire responsibility and liability for anv and all damage, loss or injury ofany kind Or nature whntsnever In persons or property caused by or resulting from the execution of the work provided far in this purchase color or in connection herewith. The Seller will indemnify and held harmless the Purchaser and any or all of the Purch,,scrs o0'merx, agents and employers from and against any and all claims, losses. 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 net. action, neglect. omission or default era the an of the Scllcr, any of his contractors, or any of the Sellers or ccomactors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees of any time on account or by reason of anv act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the more at the Sellers own expense, to pay any and all cons, charges, anomev,% fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchawr or any of its or their officers. agents or employees in such snits or ether proceedings, and in case judgment or other lien be placed upon or obtained against the Properly of the Purchaser, or said panics in or as a result ofsuch suits Or other proceedings, the Seller will at on" cause the same to be dissolved and discharged by giving bond or mhetevise. The Seller and his contractors shall take all safety precautions, famish and install all guards ncccwury, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safetyand Ilealth Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010