HomeMy WebLinkAbout268312 MSN COMMUNICATIONS INC - PURCHASE ORDER - 9144356Fort of
Date: 08/01/2014
Vendor: 268312
MSN COMMUNICATIONS INC
20 INVERNESS PLACE E
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number I Page
9144356 1 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
1 Traffic Cameras & Supplies
Quote #MAA072814-C
Pricing - State Contract #HAA 12-133CD
Delete line CA-PANNID-100-PW FOR $849
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.mm
LS 8,319.0000 8,319.00
Total
Pay terms net 30 days
Invoice Address:
iniI9
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Too Collins l exempt fmm state and local tam. Our Exemption Number is 11. NONWAIVER.
98-14502, Federal Excise Tax Exemption Certificate of Registry, 84-6000582 is registered with the Cultism, of Failure of the Purchuer to insist upon strict performance of the mma and conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 110 (a). exemise any rights or remedies provided herein or by law, failure or goal notify the Seller in the event of a
breach, the acceptance of or payment for goads hereunder r approval ofthe design, shad l not release the Seller of
Goods Rejected, GOODS REJECT ED 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 domed a waiver of any right of the
damage in act may be returned to you for credit and ate not to be replaced except upon receipt of women purchaser to insist upon strict performance hemoror any of its rights or remedies m to any such goods, regardless
immuctiom from the City of Fort Collins. of when shipped, received or creepiest, as to any P60a or subsequent default hereundm nor shall any purgatted
and modifirstion or rescission of this purchase order by the Purchuer operate as a waiver of any of the terms
fic,ioction. GOODS are subject to the City of Fon Collins inspection on POP hereof.
Final Acceptance. Receipt of the merchandise, gainers or equipment lu response to this order can result in Lt. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antivuv
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser.f Theremrs fa.it cause and m consideration for executing this
purchase order, the Seller hereby assigns to the Foramina any and all claims it may now have or hereafter
TOP I'ems. Shipments must be F.O.B., Ciry of Fon Collins, 700 Wood St., Fiat Collins, CO 80522, unless vcquired undo, federal or state intitmst laws for such overcharges relating to the muscular gonds or services
otherwise specified on this order. If perniumon is given to prepay freight and charge separately, the original freight purchased or acquired by time Purchaser pursuant to this purchase order.
hill must necommov Invoice. Additional charges for mckins, will not be seasonal.
Shipment Distance. Where manufacturers have distributing points in various Puts of the country, shipment a
expected from the nalsom distribution point to destination, and excess freight will be deducted fmm mail when
shipments Me made from greater distance.
Permits. Seller shall finance at sellers sole cost all necessary permits, certificate and licenses ma uired by all
applicable laws, regulations, ordinances and rates of be state, municipilitg territory or Political subdivision where
the work is perfmred, or required by any other duly constituted public authority having juriwltomn over the work
Of vendor. Seller further agrees In hold the City of Too Collins harmless from and against sll liability and loss
:scoured by them by reason of an moment or erablislad violation of any such lows, regulations, ordinances, rates
and renniremenls.
Announcer. All parties to this contract agree that the al,mian hives are, in farm, bov fide and POP full and
complete authority in bind said parties.
LIMITATION OF TERMS. This purchase Order expressly limil acceptance to the Meru and conditions stated
herein sat forth and any supplementary or additional occurs and conditions annexed nano in incorporated herein by
cfccnce. Any additional or ddhicar t it. and conditions proposed by seller art objected to and hereby rejMed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as acted ,'1'ime is of the essence. Delivery and performance must be effected within the time
sated on the purchase order and the documents atachttl hereto. No acts of the Purchaser, including, without
limimtim, acceptance of Partial lase deliveries, shall operate or a waiver of this provision. In he event of any delay,
the Purchaser shall have, in addition to other legal and equitable readies, fe option ofplacing this order elsewhere
end holding the Seller liable for damages. Howes, the Sella shall not No liable for &mama m is patch of delays
due to arems OR reasmmbly f smourable which arc beyond its reasonable control and without its fault of negligence,
such PON of God, acts ofeivil or military authorities, gwemmentil priorities, fires, smikes. Rood, epidemics, wars Or
dots provided that notice of the conditions caring such delay is given to fie Purchaser within fa (5) days of fie
time when the Sella fat aeceived knowledge thereof In the event of any such delay, fie date of delivery shall be
extended for the peril equal to the time actually lost by catch of the delay.
3. WARRANTY.
The Seller warnings that all go.&, articles, materials and work eawerd by this order will conform with applicable
drawings, specifications, samples Parker other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of rare and competence in accordance with aeeroMM standaads to, work of is
iu la naupa. The Seller agree Io hold fie purcharr, haredess from any loss, damage Or replace which the
Purchaser may sufferm incur on acrount offe Sellers breach ofwaraary. Thre, . e Seller shall rrplacal or make
good, without cast to the partial any defects or faults arising within one (1) year or within such longer period Of
lime as may ha prescribed by law or by no mtrm ofany vpplicable warranty provided by fie Sella after the date of
acceptance of line goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
Or defective work done Or materials furnished by the Seller. Acceptance or me of gouts by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except m olheco. no provided in this purchase order, the Sellers
liability hereunder shall extend Ia all damages proximately caused by the breach of any of the foregoing connotes
or guarantees, but such limit Pry shall in no event include loss of profits Or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mom by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make any changes a radeletions from
terms, other than legal ¢ms, including vdditiors to or deletiofrom
the quantities originally ordered in the s are fieution, or drawings, by verbal or written change occur. If any such
mange Officers the amount due or the time orpermamance herunder, an equitable adjustment limit be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all andiom of the
goods firm not shipped, subject to any equitable adjustment between the parties as to any work or mmedals then in
progress provided that the Purchases shall not be liable for any claims for anticipated Profits on the uncompleted
portion of the goods andfr work, for incidental or consequential damages. and dial an such adjustment ha made in
favor of the Seller with capect to any goods which ere the Sellers sandanl stock. No such mrnimtion shot[ relieve
the Purchaser or fie Seller ofany of fair obligations m to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far adjustments mutt be amermd within Iff, (30) days from the dares the change or lemtiatiun is
mdarcd.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder start] have been produced, sold, delivered and fumlhed in srlcl
compliance with all applicable laws and mgu]ations ro which the goods are subject. The Seller shall execute had
deliver such documents as may be acquired to effect or evidence compleace All laws and regulations requited to he
incorporated in agreements of this character are herby incorporated herein by this rtfepance. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchuer Or a resent of for
Sellers failure to comply with such raw.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey 'his Oder, or any monies due m m became due hereunder without the
prior written comment of the other parry.
10. TITLE.
The Sellar wumnts full, clear andwrestheled fide to the Purchase, fro all eq ,surnal, material, and items Famished
in performance
rof doagrement fre
e anclam of clof any and all liemreservations,
, Iesmiefions, reservatio, security interest
encumbrancesand claims of ohers.
13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to corset nonconforming m defctive goads by a date to be agreed upon by the
Puehaxr and fie Sella, and the Seiler dreamer indicates its inability or unwillingness to comply, the Fu afu
may ause the work to be perfmmd by the most expeditious mean mailable to it, and the Seller shall pay all
costs associmM with such work.
The Sella shall ruleace the Purchaser and its contractors of any tic from all liability and claims of any nature
msulling from the penfbnnomr, ofsuch work.
I his release shall apply ,on in the even) of fault of negligme, of the any released oast shall extend to the
directors, afficem and employee ofsuch party.
The Scllers embodied obligatiom, including warranty, shall not be deemed m be a dueed, in any way, because
such work l performed or cooped to be performed by the Purehasa.
la. PATENTS.
Whenever the Sella is required to use any design, device, material or proerss covered by letter, patent, trademark
or copyright. the Sella shall indemnify and save harmless 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
&all indemnify the Purchaser fir any cast, expense or damage which it nay be obliged m pay by reason of such
infringement at any time during the proseculiun or alter the completion of the weak. In case said equipment or
any pan thereof or the intended use of the goods, is in such atin held to constitate infringement and the user of
said equipmem or pan is enjoined, the Seller shall, m its own expense and at its option, either procure far the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
comminuting equipment, err modify it so it becomes contributing.
15. INSOLVENCY.
If the Seiler shall became insolvent or bankrap,, make an msignment far the benefit of caf iars, apPP a
receiver or trustee for any of the Sellers property or business, this order may forthwith is,canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions clamors used or the interpretation of fc agreement and the rights of al I panics hereunder shall be
announced under and governed by the laws office Sam ofColaado, USA.
The following Additional Conditions apply only in cases where fie Seller is to perform work hereundeq
including rise services of Sellers Repcsur ativHs), on the premla afoNen
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work in Sellers own rude until the same is Silly completed and accepted, and shall,
in e of any accident, dectimction or injury to the work andsor materials before Sellers and completion and
eceptance, complete the work at Sellers own, expense and to the satisfaction of fe Purchaser. When maocnals
and equipment are famished by others for installation as erection by the Seller, the Seller shall receive, unload,
store and handle static at the site unit become responsible therefor Per fough such materials ..tiler quipmenl
were being fiunishd by the Sella under the order.
I I. INSURANCE.
The Serer slag, st his own experue, provide far fie payment of workers comprnsatimm, including omapationat
diswse benefits, to its employers employes] on or in connection with the work covered by this purchase order,
.Nor ro their dependents in accordance with the laws of,he state in which the walk l to be done. The Sella
shall also carry comprehensive general liability including, but not limited a, contractual and automobile public
liability insurance with homily injury and death limits hf m least 5300,000 for any one person, S500,000 for any
one accident and property damage limit per accident of SON),". The Seller shall likewise require his
of tiactors, if any, to provide for such compensation and in e. Before any of the Sellers or his commaors
employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a emificam
that such compensation and imumnce have been provided. Such certificates shall specify the date when such
compensation and imume, have bean provided. Such ermfiedus shall specify fie dam when such compensation
and insurance expires. The Seller agrees fat such compensation and insurance shall be mainained until after the
entire walk is completed and accepted.
19. PROTEMON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asanma he mine repamibility and liability for any and all damage, lass or injury ofany kind
or vture whatsoever to persons or property caused by or awaiting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold humorless he Purchuer and any
r all of the Purchasers aftecrs, agents and employees from vast agaimt any unit all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to persons or property a which the Purchuer may
be put or subject by reason of any act, action, neglect, omission or default on the par of the Sella, any of his
commcors, or any of the Seller, or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the PmcM1uer, or its oRcers, agents Or employees at MY time on account Or
by reason of My era, action, neglect omission or default of the Seller of my of his conbacmm as any of its or
their oRcers, agents or employees u aforesaid, the Seller hereby ogees 1. assume IN, defense thereof and 10
defend the same aI the Sellers own experal an pay any and all costs, charges, auomeys fees and other expenses,
My and sll judgments that may be incurred by or.brained agaiml the Puchuer or any of its or fair oficen,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics in Or m a result of such suits or other proceedings,
the Seller will at once now the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall rake all safety precautions, famish and install all guards necessary for the prevention of
asides, comply with all laws and regulations with regard to safety including, but wilhou, limitacian, the
Occugafioml Safety and Healf Act of 1970 and all ales and regulalious issued pursusn, fallen,
Revised 0212014