HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 9117567City of
Fort Collins
Date: 02/14/2012
PURCHASE ORDER
Vendor: 124503
SAGE TELECOMMUNICATIONS CORP
6700 RACE ST
DENVER Colorado 80229
PO Number Page
9117567 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: 12/21/2011 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 FIBER-FCHA to POTTERY BLDG 1 LOT EA 3,382.00
addendum to PO 9117567
PO ADDENDUM PER M.CARR EMAIL REQUEST 2/14/12 AND STC REVISED QUOTE
DATED 10/5/2011.
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PcIMIUSC Ordcr Tenns and Conditions
I. COMMERCIAL DETAILS.
TON exemptions. By statute the City of Fun Collins is exempt from stale and local taxes. Our Gxentption Nanbcr is
96-07502. Federal Excise Tax Escmptiun Cenilicate of Rn istry S4-6000587 is registered with the Cullectur of
hu,nud Revenue, Dc,wer, Colorado (Ref. Colorado Rev ASCII Statutes 1973, ChuptCr 39-26, 114 (a).
Goods Rg,,nai. GOODS REJECTED due to failure Ili meet Spccifcatius, either When shipped or due 10 J&Ca, of
damage hl transit, any be returned to you for credit and ar nut tobe replaced exequ upon receipt of wral'a
iuslJoCakits liom the City of pun Collins.
Inspection. GOODS are subject to die City of Fan Collins iaspee,ian on arrival.
Page 2 of 2
I I. NON WAIVER.
Failure of the Purchaser to insist upon strict PcIfurmance, of the mnlu unit eunditions hereof; fin urc or delay to
cxacise ally tights or remedies provided hc«ut Of by law, failure to promptly notify the Seiler in the event Of u
breach, th, ucceptaee' of m payment for goods hereunder urapp,uval ufthe deign, shall not «gcusc the SCllcrof
any of the war noes or obligations of This purchase Order and shall ua be &,Laed a wuivcr of any right of the
purchaer to insist upon Strict perfunnance hercuf m any urns rights of remedies as to ally such goods, regardless
of whcu shipped, received or accepted, as to ally prior or subsequent deluult hcrcundcr, nor shall uuy pap awd
oml modification Or re,ci.ion of this purchase order by the Punhuscr uperate us a waiver of any of tiro lcmu
hereof:
Final Acceptance. Rcnipt of the nmmhardiSe, Services ur equipment its reipua,, to this ardor can resuh in 12. ASSIGNMENT OF AN"1'ITRUST CLAIMS.
authorized payment Oil the pun of the City Of Fen Collins. Hoa•cvcq it is to be uudc,stwd that FINAL Seller and the Purchaser r.•cagnize that in actual economic pn inO, overcharges «selling lions naimSt
ACCEPTANCE iS depandcm upon completion Of all applicable required inspection pmcedures. violations ore in fuel Sure by the Purchaser. Tbaatofxe, for good cause and us consider lion for excewiug this
Purclwse older, ,he Seller hcrcby osslgas to the Purchaser any and all claims it Allay now have or he«inter
Flight Tema. Shipmnenls aunt be F.O.H., City of Fen Collins, 70U Wood St., Fun Collins, CO 80322, unicis acquired under fcder I or state antitrust laws for such overcharges "twin, to fe Particular goods or services uncvrwsc Specified al this order. If permission is given to prepay freight and charge Separately, the original freight purchased Or acquired by the Parclnsa posumn to this purchase order.
bill Ulan accomp fly invoice. Additional charges fur packing will not be accepted.
f3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Slipnemt Disnncc. Where ulan.hic,urcts have distributing puinb in various pans of the country. Shipman, is if the Purchaser direcls the Svller to currcct uo IVINI am,ing or defee,iv'C goods by a date to be agreed upon by the
cspect•W lium the nearest distribution point to delly atiou, and excess freight will be deducted Goa Invoice whcu Purchaar and the Seller, and tine Sella the«alter indicates is inability or unWillingalS, In Comply, The Pwvial.,
Shrpacns ore nsde front Brewer distance. nay cause the work Its be performed by the am,i expeditious aces avnilablc to it, and die Seller Shall pay all
Permits. Seller shall procure a1 'ellc,v Sole east all accessary plat ns, cenitieaes and liccu,es equild by all
applicable laws, ,galutiuu, ordmin,'S and rules of The state, municipality, territory Or puli,icul subdivision where
the wort is Perfartnd, ur ,q.i,Vd by any other duly cotaitmcd public authority having jurisdiction over tile work
of vendor. Seller further agres to hold the City of Fort Collins haoolcss BOnt and uguin it all liability and low
marred by them by raw, of wt usscned or cstabhistl violation of ally such laws, regulations, ordinances, rules
and rcquircniw,s.
Awhoriution. All patics to this contra ogres that the « prsamatm, are in face, boa lid, and puves, full and
complete authority to bind Said parties.
LIMITATION OF I EKMS. This Pushae Ondcr cxprcssiy limit uccCpa IcC to ,hc Icia s ilia conditions saved
hacnn Sd fonh and ally supplenentuty or unlit u al lairs and conditions unnexcd he«tu or ineorpmutcd herein by
reference. Any additional or ditiran wars and conditions propos,d by seller a,, obj"i,J to and hcrcby mjecea.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately icy.. cannot ...Ae complete shipment 1. alive o,t your
pro IalA:d delivery dare• as nucd. Time is of the essence. Delivery and pal'ormunec most be vfccwd within the little
staved on Inc purehaSc order and Ihm documents auached hereto. No acts of the Purehnurs iaduaing, Witham
lirnim,ion, acceptance Ofpmlial Inc ddiverics, Shull operate as a waiver of this pruvioun. In the even of ally delay,
the Purchaser shall hove, in addition to other legal and equitable remedies, the up,iut Ofplucing this order escwhcrc
and holding the Seller liable fur dmtagcS. HUweva, ,he Sailer shall ran, be liable for damages u, a m'ulf ul d,luys
due to causes not «aonubly fo«seeabla which Ord beyond its Nusunuble control unit without its lush ufnegligenee,
such ucs of Gud, acts of civil or military uuthuritics, guvanaenml priorities, liras. Strikes, lluud, :Pid'alivs. ..is or
rias provided ,hat notice o1',h, conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Scllcr line received kIIO%vlcdgc thcrcoc In the event of any such delay, the date of dulivcry shall be
extended for the period equal to the tine actually lost by «awn of the delay.
3. WARRANTY.
The Scllcr Warman, that all goods, articles, materials and work covered by ibis order will conform Willi applicable
drawings, npacilieatiu,, 'maples and/or wher descriptions given, will be lit for ,]to putpwes intended, Slid
pcdunucd with the highest degree of care and connpemnce in accordance with uecepred standards fur work of u
similar nature. The Seiler agrees to hold the purchaser harmless from any lust, damage or expense Which the
Purchaser may SulTar or incur lei account of the Sellers breach of Worn ny.'Thc Seiler shall replace, r,pai, or make
good, without emnt o the purchaSeq any dCfeeLs or Paula milling within one (I) year or within Such hanger period of
nine as may be prescribed by law or by the terms Of any applicable wmmnty, provided by The Seller lifer file date Of
acceptance of ilia goods 1'urtished hcrcundcr (acePnneC not to be unreasonably delayed), nsubing from intperfcet
or defective wort: done or aimenuls furnished by the Scllcr. AeceptanCC ur Use Of goods by the PUfClm'Cr Shull an
con'fitwc a waiver Of any drain, under this warranty. Except as ulmnvisc provided in this purchase under, the Scllcn
liability he«unds shall cxmud to all dmmuges proxinnely carved by the brcuch of any An the foregoing Wmrnlies
or guarntceS, but such liability Atoll in no event include luw of prolits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILI"1 Y Olt OF FITNESS FOR PURPOSE SHALL APPLY.
J. CHANGES IN LEGAL'I'ERMS.
"file Purchaser n'uy make dungcs to legal ,ants by written change order.
5. CHANGES IN COMMERCIAL TERMS.
Tile eusbascr filly mike any changes to the tentu, older than Icgul I,rnu, including additions to or dcictions liar
A],, yu,.Ii,i,. originally urJc«a in the specificatims or drawings, by verbal or twit an hang, order. If any such
change a1TaIS the amount due or the liras of,Vrfunnmtce hereunder, an equitable adjusanent Shull be made.
6. TERMINATIONS.
'file Purchaser may at any Iimu by written change aide,, terminate ,hi, agrcencnt as lu any Or all portion, of the
goods then not shipped, subject to any equitable adjustment besvccn the panics as to tiny work ur maeriuls then in
ptog«s provided Ilan the Purehuser Shall not be liable for any claims for anticipated pales it tlm uacunpla,ea
ponitin of the gU4IS aud701 work. fur incideauil or conxqu,aawl damages, and thin no suit, udjmhllenl be mode in
favor of the Seller ,all rxspeat to any goods which arc the Sellers Standard Stuck, No Such lanlinutier Shull relieve
the Purhaser or the Selicr Of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMEN"f.
Any claim for adjosunenl roust be awened within thiny (30) days limn the date the dtuuge ur lelannwiun i,
oldered.
It. COMPLIANCE WITH LAW,
The Scllcr warrants that all goods Sold hereunder Shall have been produced, Said, dciivcrcJ and fw'niShed in strict
compliance Willi all applicable law, and rcgulutiuns to which the goods ure subject. Tile Seiler shall execute unit
deliver such ducunicros as only be required to effect or evidence ainplimce. All laws Unit rcgulutiuns rcyuircd to be
iieoiliun ,cd in ag«cmcas of this clwr car ae hereby incorpurred bcruin by ,his 1v IV,Crlee. 'fine Seller agres to
indemnify and hold the Purchaser hnallIVw liala all coSIS and dunageS suffered by the Purch wr as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither piny Shall assign, Irnskr, or convey this order, of any nannies due or to becwnc due hcrcundcr without de
prior written consent ofihe char parry.
10. TITLE.
The Seller warms full, dear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in perrurnlratac of Ibis agrecnsm, free unit dear of any and all WAS. restrictions, NScrvwimu, security in,a'es,
encumbrances and claims ul'o,hcrs.
ciao, .,see and , it], ouch lurk.
The Seller Shull release Its, Purchaa Unit its eoul aura of any tier liuni all liability and claims of any nature
resulting font le petfonnase of such work.
'this rcicaV, shall apply even in the event of fault of negligence of the pu'Iy released and shall exTcnrd to the
dine,.., ollicen and employees ofsuch puny.
The Seller's cununctud abli6wha", including warranty, Shull not be dccmxa to be reduced, in any way, because
such work is performed or caused to be perfamcd by ,hc Purchaser.
17, PATENTS.
Whenever The Scllcr is «qui«d to use any design, device, nia,Criul or proccs, covered by later, patent, vadenmrk
or cupyngh,, the Scllcr stall indcnutify, and Save Inuniless The Purchaser live any unit all claims for infringcnenl
by rcusun of ,he use: of such patented design, d.ice, nwmrhd ur Procaw in cca co on Widi ilia eualmet, and
Shall indemnify the Purchaser for any cast, expense or danage which it may be obliged to pay by rcusun of suoh
in0ingen"a at any time during the proseculiun or aier the cunlpldlOu of the work. In case Said cquipmmill, or
any pun Ihemof or Ile intended use of Its, goods, is in Such Suit held Ili can'tloac inllingenicnl and JAC uu of
Said equipwcnl or part is enjaincJ, nhe Seller Shull, at is men expel" and ill is option, vithcr procure for the
Purchaser the right 10 conlinuc using Said equipment or pare, replace [tic Swne Willi subannlially equal but
noainliinging cquipaent, or madity it so it beeones noninfringing.
15. INSOLVENCY.
If the Sell,, shall bccuun• insolvent or hankrupl, make an ussigmuna for the bcieil of creditors, appoint u
receiver Or IraSICe• for any ot',hc Sellers properly o, businns, this ONcr may forthwith be canceled by Thu
Purehuser walluu, liability.
16. GOVERNING LAW.
The J,,iailiuus ursrms used or the welp«•alion ufthe ugreculcnl and the rights of all p:ntiCS IICre9ndCr shall be
cousuvcd under unit governed by the laws ofIbe State ofColundu, USA.
The lialmving Additional Conditions apply only in cases where Ibe Scllcr is m perform work hereunder,
i ldnJing file services of Scllcn lb prescnwlivc(s), an Ibe p«utises of,hen.
17. SELLFRS RESPONSIBILI'[Y.
The Selicr Shall curry un said Work All Sellces own risk until the saute is fully completed and accepted, unit shall,
in case of ally uccidrol, destruction or injury to ilia work and/or materials before Seller's final completion and
accCpta axe complete Ibe walk uT Shccr's own experuc and to the smisfacliun of the Po«hacr. When nrutcriuls
and CquiPulem are furnished by others for inslulimion or er,Vliu. by the Seller, file Scllcr Shall receive, i nlund,
'ore -Aid handle Sane at file site and became respumible the«far ON though such materials and/or cquipntav
were being furnished by Jac Seller under Tbc order.
18. INSURANCE.
The Seller shall, at his Own cxpenx', provide for Tbc payment of wurkers eautpensation, including occupational
disease benefits, to is crlPloyteS cfaidaycd Sal or in eonnecniaa with ,hc work covered by till' purclwx order,
and/or to their dcPcnJcmS in accordance Willi ,Ile IaWs Of [lie state in which the work is to be done. The Sella
shall al,o curry ,.ntprchcnsi" general liability including, but nut limited lot Cmwucwal and auroniobilc public
Iiubilh, insurance wild bodily injury and dash limits of An least $300,UOU fur any one person, $500,000 for any
one Accident and property damage limit par uccideu, of S40QUW. The Seller Shull likewise «yui« his
comraorS, if wry, to Provide for such congaalsatiom and insurance. 611ore ally of the Sellers or his Coatmcmrs
cnnpluyccs shall Jo Lilly Walk spun We p«aisxs ofolhers, le Seller Shall furnish the Purchaser with a cVnifcan,
flint such cunipcnvrion and insurance have been provided. Such ecaiticates shull Specify the date when such
conpensaliun and ins urunx have been provided Such "llilicows shall Specify We dale when such cumpnsaiun
and ins man,, espi«'. The Seller ogre's Ilia' such conipenswion and insurance shall be anaflulmd wail alter dic
entire Work is contpicicd and accepted.
19. PRADITUI'ION AGAINST ACCIDENTS AND DAMAGES.
The Safe, he«by uwune. the cnlm iclq ac,ibilay and liability fur any' and all damage, toss Or injury ofifty kind
ur natum wI atso,var a Pcnons or p,uperty cooscd by or resulting font the cxecunioa of fhe wo,k provided for in
,his put haw order ur its connection haca'i,h.'I lie Scllcr will indemnify laid hold harmless The Purchaser and ally
ur all of file Ptachi'crs ullic'rs, agars nd culPluyees lion- and again" any and all chains, lu..sa, damages,
charges Or exp,nSes, whether dircet ur indirect, and whe,hcr to pcnohs or Propcny to Which ,ha Parcbmer may
be put or Subject by reason Of any Oct, Julian, negivo, omission or default on the pan of the Seller, ally of his
contractors, or ally Of the Scllcn or comruetua uflicers„agculs Or employees. In case any suit Of other
pruceedingS Shull be brought against Ulm Purchaser, or its officers, ugens or ealploy"s at ally time oil account or
by rcusun of any act, ac nun, neglect, ontisxien or default of [lie Scllcr of any of hi, conlraors Or any of is or
their oltiecn, agents Or enlPlayoeS US AncoNmid, Ibe Seller hcrcby Sgrocs to assume the defense thereof and to
de4nd the Santo al the Sail,rs own cxPcnse, to pay ally and all cost,, charges, attorney, fees and other cxpcacs,
any and all judgments Ihw may be incurred by or obtained against the Pusitacr or ally of its or their uficen,
agents or cAapayV0S in such suits ar other plmcacdingS, and in sac judgmlent Or uthcr lien be placed upon or
obtained against the property uflhe Purchaser, Or Said panics in or as a result of Such Suits or other pruceedingS,
the Seller will at once cause the same to be dissolved and discharged by giving bond of utherwiS,,. The Seller and
his cuutructon Shall rke all safety plucan funs, furnish and install all Booths necc,sary for the Prevention of
accidents, comply With all Imes and regulaiun' with legura to Safety including, but without linialian, dlC
Occupational Safely and Hcalih Act of 1970 and uh rules and regulations issued puma, nhaero.
RVviscd 032010