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HomeMy WebLinkAbout268312 MSN COMMUNICATIONS INC - PURCHASE ORDER - 9144355Fort Collins Date: 08/01/2014 Vendor: 268312 MSN COMMUNICATIONS INC 20 INVERNESS PLACE E ENGLEWOOD CO 80112 PURCHASE ORDER PO Number Page 9144355 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 07/31/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Switches & Switch Supplies Quote #MAA072814-B Pricing - State Contract #HAA 12-133CD 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@fcgov.com 1 LOT LS 32,496.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 purchase Order Tems 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. 9g-04502. Federal Excise Tax Exemption Certificate of Registry 84-fdkk1582 is registered with the Collector of Failure of the Purchaser to insist upon strict perfmnce and perforations, of the terms 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 me event of a breach, the acceptance ofor payment for goods 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 me warmfirs 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 are not to be replaced except upon receipt of women particular to insist upon strict performance hereofor any of i. rights or remedies. to any such good, regardless instruction, form the City of Fon Colliers. of when shipped, received or accepted, . m any prior or subsequem dfault hereunder, erne shall any, puryorred deal alder rid or rtuission of this purchase order by the Nmre a operate or a waiver of any of the terms Inspection. GOODS art subjecuo the City of Fon Calli. inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment oa 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 up on completion ofail applicable required inspection procedures. vialatims are in fact home by the Pumbr Troomfoofaigood cause and as connidamfon for executing this Purchase oMe,, me Seller hereby assigns m the Pumk tar any and all claims it may now, have or broader Freight Terms. Shipments most be EON, City of Fort Collins, 200 Wood St, Fart Collins, CO 80522. unless acquired coder federal or suite antitrust laws for such macharges relating to the particular goods or smite, othemviu specified oa this order. If permission is given as prepay freight and change sepr4mly, the original freight purchased or acquired by the PnJardsa pursuant a Nis purchase order. bill most accomwnv invoice. Additional channel for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in seems pans of the country, shipment is expected form the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Petmiu. Sena shall procure at seller, sole cost all nmesary permits, certificates and locales required by all applan a lows, ocgulationA mi inan¢s and miss offs, state, municipality, mmtory m political subdivision where Firework is performed, or residual by any other duly rorstimed public authority havingymandiction over, me work of vendor. Seller number cub es or hold me City of Fort Collins harmless fear. add main,t all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, color and requirements. Authodzntion. All prudes to this contract agree that the representatives are, in fact, bean fide and possess full and complete authority to bind said panes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions staled herein set forth and any supplementary or additional terms and conditions annexed hereto or uninformed herein by reference. Any addiliemil or different tears and conditions proposed by seller are objected to and hereby rejected] 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to amine on your promised delivery date no acted. Time is of the tommo, Delivery and performance must be abated within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Imitation, recaptures of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition coo other legal and equitable remedies, the option of placing this order elsewhere .and holding the Sella liable for damages however, the Seller shall del be liable for damages . a result of delays due to unions not reassembly foreseeable which art beyond its mrsonable moral and without its fault of negligence, such acts of Ged, us of civil or miIitory toolg ri ies, tuna marital priorities, fires, sales, load. epidemic, wars Are riots provided that notice of the wmlitions carding such delay is given to the Purchases within five (5) days of me time what the Seller First received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wmmms that o11 goods, articles, mateials and work covered by this order will mufomu with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes mendM, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar .cure. The Sella agrees to hold the pu¢haser hvmlcss form any loss, damage or expense which the franchiser ray suffer or incur on account of the Sellers breach f.my. The Seller sMll action, minicar make good, without cost to the p racluser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the teats of any applicable wamanry presided by the Seller and the dare of acceptance of the good famished hereunda (sear' race not to be unreasonably delayed), resulting from imperiled ar defective walk done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not added, 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 warranties or guaramas, be, such liability, shall in no event include loss of profits or has 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. Ile Purchase army make any changes to rise terms, other than legal tens, including additions to or deletions from tiniesr the count ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performmr, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by waimen change major, terminate this agreement as to any or all portions of the grad then not shipped, subject to any equitable adjustment between the gamin as to my work or monarchs then in progress provided that the Purchaser shall not be liable for any claims for anticipated proms on the uncompleted portion of the Amb; and/or work, for incidental or cunsta oential damages, and that no such shallow. be made in favor of the Seller with respect to any goods which are the Sellers sardrd sunk. No such mommaran shall relieve the Purchaser or the Seller ofany of their millocal; az to my gods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within miry (30) dy, form the date the change or temti.tion is orde od. 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 am subject. The Scher shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be dcorpommd in agreemends of this character an hereby momplarated heroin by this reference. The Seller agrees to indeaddy and hold the Forehead, hvmless form AI costs and damages suffered by the Primmer as a .11 of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pamY shall assign, number, or convey this order, or any monies due or to become due hereunder without the prior wrren caused of fire other party. 10. TITLE. The Seller warrants full, clear and mtreariated title to me Purchaser for all equipment, materials, and items famished in Famar rgce of min agreemen, fat and clear of any and all liens, rastricrons, rescrvatims, security interest encumbrances and claims o f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to came, nonconforming or defective goad by a date to M agreed upon by the Purchaser and the Seller, and the Seller thereafer indicates its inability or unwillingness to comply, the Purchaser may rain, the work to be perfommd by the most expeditious means available to it, and the Seller shell pay all warn associated with such work. The Seller shall re ase the Purchaser and its contractors of any der fear all liability and claim, of any nature resulting firs. the perfona.e ofsuch work. This ochres, shall apply even in me event of fault of negligence of the parry released mad shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. NTcneva the Seller is rryuired to use any design, device, materal or proms, covered by lamer, patent, trademark copyright, she Seller shall indemnify and sine harmless the Purchaser f nd . any aall claims foe inMnman get by reason of the use of such p named design. Mica material or process in connection with the compact. and shall indemnify the Purchaser for any cost, expense or damage which it twy be obliged to pay by reason of such infringement at any time during the pmsemtion or after the completion of the work. In case said equipment, ar any ,an thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of said agn,mat or pan is enjoined, the Seller shill, al its own expense and at its option, either portion, fur the Purchase, the right to continue using said agipman or pans, replace the same with substantially equal but nminfringing auipmem, or medify it m a becomes mmigfringmg. 15. INSOLVENCY. If the Seller shall become insolvent or bandmp . make an asa morpro t far the benefit of caliturs, appoint a receiver or us trtee for any of the Sellers propmy or business, this color may fonhwith be connected by the Formula without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all probes hereunder shall be construed under and governed by the laws of the State of Colamdo, USA. The following Addilimul Conditions apply only in emes where the Seller u to perform work hereunder including me Smoke, ofShccm Reppwmdxrvebd, on the premises ofomrn. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials began, Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of tfie Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall native, unload, store and handle same at me site and Electronic responsible the¢for as though such marmrials and/or equipment wart being famished by the Seller under the order. I S. INSURANCE_ The Seller shall, at her own expense, provide for the payment of workers compensation, including Barr ational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and'., to their depended. in commingle, with me laws of the state in which the work is to ed dune. The Seller shall also any cumprehe ive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit, of at lerso 5300,000 for any one person, s500,000 for any e accident and property damage limit pen accident of 4400,000. The Sella shall likewise require his mnmwtors, if any, to peavide for such compawsion cod insurance. Bef any of the Sellers or his commaors employees shall do any work upon me premises of others, the Seller shall fiunash the Purchases with is adifcam that such compensation and insurance have been provided. Such rsrfifimtea shall specify me dam when such compensation and in,umnce have been provided. Such certificates shall specify me date when such compensation and irmomnce various. The Seller am cs that such angwri ditrn and insurance shall be maintained until no, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind r nature whatsoever to persons or pmpemy caused by or resulting from the execution ofine work provided for in this purchase order or in connection lwmwd0 The Seller will indemnify and hold hantess the Purchaser and any r all of the puochascrs officers, agents and employees boom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to permas or property la which The Purchaser may be put or subject by reason of any act, action, neglect, omission or default on tM pan of me Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its oRcal, agents or employees an my time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors ar any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees no assume the defense thereof and to defend the same at me Sellers own expense, to pay any and sH cones, charges, attorneys fees and other expenses, any and all judgmmd, that may be incurred by or obtained against me purchaser or any of its or their officers, agares or employees in such suits or other proceedings, and in cast judgment or other lien be placed upon or obtained against she property of the purchaser, or said parties m or as a moult of such said, or other proceedings, the Seller will at Dore no. the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guards naessary for me prevention of accidents, comply with all laws and regulations with mind to safety including, but wihom limitation, the Occupational Safety and Health Act of 1920 and all mien and regulations issued pursuant thereto. Revised 07/2014