HomeMy WebLinkAbout416084 MICRO-TEL INC - PURCHASE ORDER - 9150013PO
PURCHASE ORDER 915001 Number Page
City. of PURCHASE
50013 1 of z
Flirt Collinsr This number must appear
!�,/`, ` V " on all invoices, packing
sli s and labels.
Date: 0110212015
Vendor: 416084
MICRO-TEL INC
3700 HOLCOMB BRIDGE RD
NORCROSS GA 30092
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/02/2015 Buyer: ED BONNETTE
Note: MICROCALL MAINTENANCE TLR RENEWAL 2/1/15-2/1/16.
PER INVOICE #15-121935-01 12/15/14.
Line Description Quantity UOM Unit Price Extended
Ordered Price
i MICROTEL MAINTENANCE RENEWAL 1 LOT LS 5,460.00
TLR - TERM: 2/1/15-2/1/16
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&cgov.com
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIALDETADS.
Tax exemptions. By smarm the City of For Collins is exempt f stae and local taxes. Bear Exemption Number k
11. NONWAIVER.
98404502. Federal Excise Tax Exempdm Certificate of Registry 84-60e0587 is Pupgand with the CoReaus of
Failure of the Purchaser W must upon strict perfomlmce of the temp and conditions he r af, failure a delay to
nv Internal Revenue, Deer, Colorado (Ref. Colamda Revised Sumtu 1973, Chapter 39-26,114 (a).
exercise my rights m remedies provided herein or by law, France to promptly noYfy the Seller m the event of a
breach. the mceprse of or payment fro good Meuvda m approval ofwa design, shall not relow she Seller of
Good Rejected. GOODS REIECTED due to failure to meet spaifiewons, either when shipped or due to defects of
my of the wsurni ies or obligations of this purchase order and shall not be domed a waiver of my right of the
damage in transit, may be returned W you for credit and the or ro he replaced except upon receipt of written
purchaser to insist upon strict performance hermfor any of its rights or remedies ex to my such goods, regardless
instructions from the City of Fort Collins.
of when shipped, racived or accepted, as to my Prior or subsequent default hereunder, nor shall my pmpomed
am] modification or raa as on of this purchase order by the Purchaser operate we a waiver of any of the terms
Inspection. GOODS are subject W the City of Far Col Iim inspection on arival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pa or the City of Fort Collins. Howeva, it is to be understood than FINAL
Seller and the Purchaser mundem that in meant economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent Mancompletionofall applicable requiredimpectim praceduct.
violations are in fact home by the Purchases Themofore,for good cause and ass consideration for executing this
purchase order, the Seller herby assigns to the Puclower my and all claims it may now have or hereafter
Freight To=. Shipments must be F.O.B., City of Fart Collins, IN Wood St., Fort Collins, CO 80522, unless
acquired trader federal or sum omiuust lows for each orcmharges relazing to the particular good or services
otherwise specified on this order. if permission is given to prepay freight and charge separately. the original freight
purchased or measured by the Purchases pumumt W this purchase order.
bill most accompany invoice. Additional charges fro packing will rot be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various pars of the worry, shipment is
If the Purchaser directs the Seller to comes rmnmiforming or deremive good by a date to but agreed upon by the
expected from the warm distribution prior to destination, and excess freight will be deducted from Invoice when
Purchases and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases
shipments we made from grater dasamrw
may cause the work io be performed by the mast expeditions means available to it, and the Sella shall pay all
vests rawasu al with such work.
Pennies. Sella shall procure at sellers sole cost all nausary permits, certificares and licenses examined by 01
applicable lows, regulations, ordinances and Pules of the sum, municipality, camory or political subdivision where
the work is Performed, or required by my other duly conseimted public authority havingjariss iction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from rrd against all liability end lass
incurred by them by on of an assured a established ambition of any such laws, regulations, ordinances, roles
ndmpuransms.
Authorimlion. All parties ro this course, agree that the representatives are, in fact, hunts fide and possess full and
complete authority to bind said panes.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated
herein act forth and any supplementary or additional Ream and conditions sexed heretw or incorporated herein by
reference. Any additinnal or different terra and conditions proposed by seller are objected 1. and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASPVG AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is office comes. Delivery and performance most he eRccWd within the lime
sated on the parches, order amen the documents Prached hereto. No sets of the Purchasers including, without
limitation, acaptana aFpWi.1 we deliver., shall operate as a waiver of this provision In the event army delay,
the Purchaser shall have, in addition to other legal and a ithuble remedies, the option ofplacmg this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable fro damages as a mail of delays
due to crams not rcamnably foreseeable which are beyond its reasonable control and without its fault of negligence.
such was of God, aces ofciAl or military mthomies, government priorities, fires, strikes, Rood, epidemics, wars or
data provided than notice of the conditions causing such delay as given ro the Purchamr within five (5) days of the
time when the Sella first received kn.wledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller amounts that all grad, m icles, Potentials and work covered by this order will conform with applicable
drawings, specifications, samples Phi other descriptions given, will be, fit for the purposes intended, and
performed with the highest degree of cart and competence in accordm'e with accepted standards for work of a
similar more. The Sella agrees to hold the purchaser hamlevs from my lass, damage or expense which the
Purchaser may suR or incur on rostrum of the Seller breach ofamarty. The Seller shall Minim, repair in make
gaud, without cost to the purchaser, any defects a faults arising within one (I) year or within such longer peind of
time m may be presaibed by law or by the team army applicable warmry provided by the Sella after the case of
aceptantt of the Bond furnished hereunder (azaptance not W be tuvea 1,11 delayed), meshing from imperfect
or defective work done or matmah fimmiNed by the Seller. Acaptame or use of goods by the purchases shall not
common, a waiver of my claim under this warranty. Eacept as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend W all damages proanwiely mood by the breach of my of the foregoing warranties
or prom as, but such liability shall N no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes W legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, other than legal twos, including additions to or deletions from
the quantities mi,iwlly mutual N the aprafic ttians or drawings, by verbal or written change mda If any such
change wReca the amount due ore time ofpaformmee hereunder. m equitable adjustment shall be made.
6.TERMINATIONS.
The Purchaser may at any time by wrmesr change wades, mundane this agreement as to my or all portions of the
goods then rot shipped, subject to any cyuirable edjttUmew between the panic as to any work or materials then in
progress provided Oat the Purchaser shal not be liable for my claims for anticipated profits on the uncompleted
pinion of the good mdsur weak, fro madenml a conewpowt it damages, and thm On such adlustmml be made in
favor of the Sella with respect at my good which art the Sellers shorthand stock. No such termination shall relieve
the Purchaser or the Sella of any oftheir obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assumed within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, mid, delivered and famished in strict
compliance with Oil applicable laws and regulatiotss m which the good are subject The Seller shall execute and
deliver such docamenu as may be eryuired to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character wo hereby incorporated herein by this reRrmm. The Sella egrets to
indemnify and hold Ne Purchaser hornless from all costs and damages suRer d by flue Purchaser as n result of the
Sellers failure W comply with such law.
9. ASSIGNMENT.
Neither parry ahall assign, number, or convey this order, or my monies due or W become due hereunder without the
prior written consort ofthe other party.
IO.TITLE.
The Seller warrants full, clear and umtstrimed title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, five and clear of any and all liens, resunctimss, reservations, security interest
encumbrances and claims of others
The Sella shall release the Purchaser and its contractors of my aer Gom all liability and claims of my nature
multmg Gvm the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
direcmrs,.Rcas and employees ofsuch party.
The Settees contractual obligations, including warranty, shall not be deemW to be reduced, in my way, baatae
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is requited to use my design, device, mstenal or process covered by letter, patent, trademark
Or copyright, the Sella shall indemnify ard soave harmless the Purchaser from my and all claims fro infnngemern
by reason of the use of such patented design, device, mmenal or proass in estimation with the cam=, and
shall indemnify the Pamharer for my cmL experss, or damage which it may be obliged to pay by reason ofsucb
infringement at my time during this prosecution or after the completion of the work. in case said aryipmcnt, or
any pm thereof or the intended use of the good, is in such soft bed W constitute infringement and the use of
said itipment or pan is enjoined, the Seller shall, in its Pont expense and at its option, either ptacure for the
Parchxva the right 1. continue using said cquipmmt or parts, orghwe the same with saburandidly alml bur
noninfringing ayuipment, or modify it so it becomes noninfnnging.
I S. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make as assigmnent fro the benefit of crediors, appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNMG LAW.
The definitions of terms used or the interpretation ofthe Mannem and the rights of all pries hereunder shall be
construed under and governed by the laws of the State.fColomdo, USA.
The following Additional Conditions apply only in mess whore the Sella is W perform work hacunder,
including the services ofSeIIax Reprosentative(s), on the premises of ara,.
IT. SELLERS RESPONSIBILITY.
The Sella shall may on said work at Seller's own was, until the some is fully completed and accepted, and shall,
in mse of my accident, dentromint or injury tv the weak misfire materials bef Sellers final completion and
azceptmce, complete the work at Seller's own expense and W the mtisfacum of the purchases. When mmmaR
and ryuipment sm Ravished by others for installation or erection by the Sella, the Sella shall receive, unload,
sore and handle same or the site and become mponsible therefor as though such materials andror ocapmmt
woe heir, fumisbed by the Sekr under the Order.
18, MSURANCE.
The Seller shall, at has own expense, provide for the payment of workers compensation, including occomatowd
disease benefits, to its employees employed on or m correction with the work covered by this purchase order,
andror to their dependents in accordance with the laws of the are in which am work as to be done. The Sella
shall also arty comprehensive general liability including. but not limited to, contractual and automobile public
liability insurance with bWily injury and death limits of at least s300,00o for my cm pinon. S500,000 for ivy
one cidenanrop t d property damage limit per accident of S400,0110. The Sella shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before my of the Seller or has so-ecmrs
employees shall do any work upon the premiss of others, the Sella shall f ish the Purchazer with is certificate
that such mmpewtion and insumme have been prone. Such cenifata shall specify ds tlme when such
compensation and assurance have ban provided. Such eeruficares shall specify the date when such compensation
and insurance expires. The Sella agrees that such campauatum and msw.usce shall be maintained until aRa the
entire work is complete and accepted.
19. PROTEMON AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby as es Ne entire responsibility and liability for my and all damage, loss or injury army kind
or moue whatsoever to persons or property caused by or resulting from the execution of the work provided his in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the purchaser and any
r all of the Purchasers officers, agents and employees ftom mid against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persom or property W which the Purchaser may
be, put or AAjat by reason of any act, action, neglect, omission or default an the part of the Seller, any of his
contractors, or my of the Sellers or ontractors officers, agents or employees. In cam my suit or other
proceedings shall be brought against the Purchaser, or its officers, Menu or employees at any time on account or
by season of my rot, action, neglect, omission or defmlt of the Sella of my of his contractors a any of its or
their oRcer, agents a employees as afmcsaid, the Sella hereby agrees W assume the defense theater and to
defend the same at the Sellers own expense, W pay any and all cosh, changes, attorneys fees and other expenses,
my and all judgments that may be incurred by or chemical Manor the Purchases or my of its or the'v officers,
agents or employees in such suits or other proceedings, and in rose judgment or other him be placed upon or
obtained against the property of the Purchaser, or mid parties lo or as a result of such suits or other pru'cediags,
the Sella will at once muse the name W be dicsoWW and discharged by giving bond or otherwise. The Seller and
his contrecors shall also all safety pmautionts, famish and install all guard necessary for the prevention of
azcidemts, comply with all laws and regularioas with regard o safety including, but without limitation, the
Occupational Safety and NcaithAct of I9]0 and all roles and regWatiomissud pursuant thereto.
Revised 07Z2014