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HomeMy WebLinkAbout124503 SAGE TELECOMMUNICATIONS CORP - PURCHASE ORDER - 3214196 (2)PO PURCHASE ORDER 321419er Page ('117/ of PURCHASE 3214196 tot z ' `t Collins lints This number must appear {� \I ` 1 1 on all invoices, packing sli s and labels. Date: 12/02/2014 Vendor: 124503 SAGE TELECOMMUNICATIONS CORP 6700 RACE ST DENVER CO 80229 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/02/2014 Buyer: PAT JOHNSON 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 2 Addendum to add funds per requisition 48732 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 200,000.00 Total $200,000.00 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By mutate the City of Fort Collins is exempt from Bute and local from. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise, Tax Exemption Canificom of Registry 84-6000581 is regimens, with the Collator of Failure of the Purchaser to insist arms strict performance of the terms and conditions hereof, failure or delay to Intemel Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26. 114 (a), exercise any rights or centuries provided herein a by law, failure to promptly notify, the Seller in the event of a breach, me aca,mar. a of or payment for goody heremder or approval of the design, shall at release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warrmticc 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 o be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless m rm the City of Far Collins, fir of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser ore am as a waiver of any of the terns Impaction. GOODS are subject to the City of Fort Collins inspection on m rval. hereof. Final Acceptance. Raeipt of the merchandisq service or equipment in m,. to his order con reault in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment our the pan of the City of Fon Collins. However, it is to be understood Nat FINAL Sella and the Parchuer recognix, that in stud m omit praerice, momesseges rmothivg from mtitrast ACCEPTANCE is depndem upon completion of all applicable criminal monistic. promobsom. violations are an fact that by the Purchaser. Thernofrm,nfor goad cause and as comidcration for executing this purchase order, the Sella hereby assigns to me Purchaser any and all claims it may now have or hermf er Freight Terms. Shipments mast be F.O.B., City, of Fort Collins, 700 Wood St., Fon Collins, CO 80522. unless acquired coder federal or some mantrou laws fro such.1imagcs relating m the parmund. goods or service otherwise specified os this order. If pmnissim is given to prepay freight and charge so,am eb, the original freight purchased or acquired by the Purchaser pursuant m this purchase order. bill must acmmnanv invoice. Ackhou ral chareses For rvckin¢ will not be accented. Shipment Distance. Where manufactucrs have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall prucmre at rollers sole cost all mmmsary permits certificres and licenses required by all applicable laws, regulations, ordinates and rates of the state, mwicipalim, territory or political subdivision where the work is pemuamed, or naquirN by any other duly command public authority having jurisdiction over the work of vendor. Sella fresher agrees to hold the City of Fort Collins hvmleas from and against all liability and loss national by them by reason of m asserted or established violation of any such laws, regulations, advances, roles and acquirements. Authorization. All parties to this convect agree that me represevutives are, in fact, boas fide and possess full and complete i uthorry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance o the terms and conditions sorted herein set forth and any supplementary or additional menu and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complem shipment to armor on your promised delivery date as ruled. Time is of the ecomme. Delivery and performance most be effected within the time stated on the purchau order and the documents attached he.. No acts of the Purchasers including, without limitation, compliance ofpmial late deliveries, shall sgerate as a waiver of this Provision. In me went of any delay, the Poachsser shall have, in addition to other legal and equitable remedies, the option ofplacmg this order eluwficm and holding the Seller liable for damages. However, me Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its masouable mntml and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental paionties, fires, strikes, Bad, epidemic, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within floe (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, ,he date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamans that all gaols, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples incisor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordmue with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Pumhsser may suffer or incor on atom, ardor Sellers breach ofasuranty. The Seller shall replace, repair a make goad, without cos, to the Purefora. my defects a faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns army applicable commonly provided by the Seller after the date of acceptance ofNe goods famished hereunder (acceptance notinbe memorably delayed), mulling from impas t or defective work done or materials fumuhed by ale Seller. Acceptance or me of goods by the Purchaser, shall no, onstime a waiver ofany claim under this warranty. Except res othewise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wwrannes co gtrammoss, but such liability shall in no event include loss ofp.fita or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchsser may make changes m legal terns by wren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thaw legal isms, including addition to m delm. from the quantities originally ordered in the speifications or dnwings, by vernal or writers change order. If any such change ofecs he amount due or the rime ofperf ionance hereunder, on equitable adjumnam shill be made. 6. TERMINATIONS. I he Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided mat me Parch.., shall not be liable for any claims for anticipated profis on the uncompleted Portion of the goods and/or work, for incidental in corearomial damages, and that no such adjustment be made in favor of the Sella with rn rem in any goods which art me Sellem standard stock. No such tan diction shall relieve me Purchaser or me Seller ofany oftheir obligations u to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjutment must be aura within thin, (30) days from me data the charge or termination 6 ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, mid, delivered and famished in strict ompliance wins all applicable laws and regulation to which the goods are subject. The Sella shall execute and deliver such documents as may be tequia to erect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify end bold the Purchaser hamless from all cash and damages sufered by the Purchaser ss a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign traasfer, o convey his order. or any mania due or to become der hereunder without me prior wnnm consent ofNe other parry. 10. TITLE. The Sella warrens fall, clear and unresmeted role to the Pombacer for all nryipmenL materiels, and it. famished in performance of this agreement. free and clear of my and all lien, rntrimion resonation, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lfthe Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fawn all liability and claims of my ramre resulting rat the perfomaae ofsah work. This relsom shall apply even in the event of Gash of negligence of the parry released and shall extend to the dheerors, officers and employees crunch parry. The Seller's commerical obligations, including warranty, shall not be deemed to be teduced, in any way, because, such work is performed or wood to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is ox,mmd to use any design, device, material or possess covered by letter, patent, trademark r copyright, fie Seller shall indemnify and save harmless the Purchaser form 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 me Purchaser for any cast, expense or damage which it may be obliged m pay by reason of such immigration at my time during the prosecution or after the completion of the work. In case said aryiprrmnL m my pan therrof m the intended use of the good, is in such suit held to coastiote arrogation gation and the arm of said equipment or part is enjoined. the Seller shall, at its own expense and at Its option either pmcum far tbe Pochaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes munitioning. 15. INSOLVENCY. If the Sella shall become insolvent a band ph make an assignment for the bment of creditors, 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 toms rued or the imcrpreution of the agreement and the rights of all penis hereunder shall be contrued under and governed by tbe laws afore State of Colorado. USA. The following Additional Conditions apply only in taus where the Sella is to perform work herewda, including the service ofSellm Repraentative(s), on the pemises ofoithers. I). SELLERS RESPoNSIBILITY. The Seller shall any on said work at Sellers own risk mtil the same is rally completed and aaspa, and shell, in se of my accident, destruction or injury to the work andror materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofNe Pumhoser. Whcn materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor is though such materials and/or equipment were being famished by the Seller under the ardor. I B. INSURANCE. The Sella shall, at his own expense, provide fro the payment of work. compensation including occupational discau lao efis, to its employees employed on or in connection with the wank covered by this purchase order, andfor to their depaMmts in acodance with the taws of the more in which the work u to be done. The Sella shall also carry comprehensive general liability including but not limited f, wntrxmal and automobile public Hui inumae with bodily injury and dour limits of at lout S100,000 for any woe person $SO ." for my addem and property damage limit per accident of 5400,000. The Seller shall likewise require his cmtmctors, if any, to provide for such compensation and insurance. Before my of me Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall formal, me Purchaser with a eenificate that such compensation and insurance have been provided. Such cmi0cates shall specify me 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 rompenmion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby uaumn the move responsibility and liability for any and all damage, loss or injury of my kind or more whascever to person or smpmy, mused by or resulting from the execution ofthe wok provided for in Nis purchase order or in connection herewith. The Sella will indemnify and hold harmless Om Purchaser and my or all of me Purchas. oifc., agents and employees from and against any and all claims, Iossn, damage, charges or expenses, whether shrews of indirect, and whether rev pans or property, to which the Purchaser may he put or subject by reason of my act action neglect, omission or default on the Ilan of the Seller, my of his contractors, or any of the Sellers or contractors offs., egiants or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by casm of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as uforecid, the Seller hereby agrees to assume the defense thereof and to defend the same at me Sellers own expense, to pay my and all casts charges, anomeys fees and other expenses, my and all judgmmts that may be incurred by or obtained amost the Purchaser or my of its or their officers, egmu or employees in such suits or other proceedings, and m cue judgment or other lira be placed upon or obtained against the progeny of the Purchaser, or said parties in or ss a reult ofsuch suits a omer proceedings, the Sella will a once cause the same to be dissolved and discharged by giving bond o, otherwix. The Seller and his c ntractors shall take all safely precautions, fiumish and install all Francis necaasary for the prevention of acidents, comply with all laws and regulation with regard in safety including. bur without limitation, the Ovearpatioml Safety and Health Act of 1970 and all roles and regulations issued prommat mmem. Revised 01R014