HomeMy WebLinkAbout495042 XO COMMUNICATONS SERVICES LLC - PURCHASE ORDER - 9150040Fort Collins
Date: 01/06/2015
PURCHASE ORDER
PO Number Page
9150040 1ef2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 495042 Ship To:
MIS
XO COMMUNICATIONS SERVICES LLC
CITY OF FORT COLLINS
13865 SUNRISE VALLEY DR
215 N MASON, 3RD FLOOR
HERNDON VA 20171
FORT COLLINS CO 80524-4408
Delivery Date: 01/06/2015
Buyer:
ED BONNETTE
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
Ordered
UOM Unit Price
Extended
Price
i 2015 BLANKET PO 1 LOT
LS
35,000.00
ETHERNET ACCESS -IT COSTS
COFC IT Contact - Kathy Henggeler x6598
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.wrn
Total $35,000.00
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
L COMMERCIALDUARS.
Tax exemptions. By statute the City of fort Collins is exempt from spiritual laal taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificare of Registry 8,L6000587 u registered with the Collector of
Internal Revenue, Dcnver, Colorado (Ref. Colorado Revisal Statutes 1973, Chapter 39-26, 114 (a).
Goods Riedel. GOODS REJECTED due w failure Ia on. sp cifmdions, either when shipped or due w defects of
damage in umssiL may he returned at you for credit and art not to be, replaced'seep upon receipt of wridm
instructions firm the Cily of Fon Collins.
loo,ection. GOODS the editor as the City of Fort Collins inspection on amval.
Final Acceptance. Receipt of the merchandise, services or equipment in commue to this order can result in
authorized payment on the part of the City of Fad Collins. However, it is to M understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tema. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Too Collins, CO 80522, unless
mherwise specified on this ender. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution Paint an destination, and excess freight will M deducted Room Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, catifcares and licenses required by all
applicable laws, reg datioru ordinances and roles of the state, municipality, territory, or Political subdivision where
the work is performed, or required by any other duly examined public authority having jurisdiction over the work
of vendor. Sella fuller agrees to hold the City of Fort Collins harmless fmm and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authorization. All parties to this contract agree that the tepramstris'es ate, in fact, horn fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary ar vindicated I. and conditions annexed harem ar incmpamted herein by
reference. Any additional or dilrelent terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised delivery date as noted Time is of the essence Delivery and pedomnnce mull be eficaed within the done
stated on the purchase Order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable Annual and withom its Rauh of negligence,
such acts of God, acts ofavil or military authorities, governmental priorities, But strikes, flood, epidemics, wars or
dots provided that notice of the conditions causing such delay is given w the Purdaea within five (5) days of de,
time when the Seller first received knowledge clude f. In the event of any such delay, the date of delivery shall be
extended far tM period equal to the time actually but by masons of the delay.
3. WARRANTY.
The Seller warrants that all good. articles, maerials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other descriptions given, will M fit for the paryoses intended, and
Performed with the highest degree of care and compnence in accordance with accepted shromds for work of a
similar nature. The Seller agrees to hold the Purchaser hannlm from any loss, damage or expense which chi
Producer may su@r m incur on account ofthe Sellers breach of warranty. The Sella shall replica, repair or make
good, without cast to the pumhasm any defects or faults mixing within one (1) year or within such longer period of
time as may b, prumbed by law or by the tenor of any applicable wananry provided by rise Sella after the date of
acceptance of the goods famished hereunder (acceptmce ram to M unmsonably delayed), resulting ft= imperfect
ar defective work done or raidands ds famished by the Sella. Acceptance or use of goods by the Purchases shall not
constitute a waiver of any claim under this warmly. Except no otherwise provided in this purchase order, he Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofprofts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTAH ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes coo legal tenor by ..a change coda
5. CHANGES IN COMMERCIAL TERMS.
The Pmchasa may make any changes to the terms, other than legal terms, including additions in or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such
change affects the amount due in the time ofperformence Narmada, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser busy at any time by waived change anda, wrmicace Nis agreement as an any or all panions of the
good then rat shipped, subject Io any eprimble ndjrecmenm between the parties as m any wok or materials then in
progress provided that the Purchaser shall mot b, liable for any claims for anticipated profits on the uncompleted
Portion of the goads mWor work, for incid—ral Or mmtycum tial damages, and Out no such adjustment M made in
favor of the Seller with Iapar to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchases or the Seller army of their obligations as to any goads delivered herande.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most W asserted within thirty (30) days from the date the change or andaration is
ordered.
I. COMPLIANCE WITH LAW.
The Sella warrants that all good said hereunder shall have ban produced, sold, delivered and furnished in strict
on iance with all applicable laws and regulations to which the goad are subject The Seller shall execute and
deliver such documents as may be required to effect Or evidence compliance. All laws and regulations required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers far lure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tanager, or convey this order, or any monies due or to become due Maunder without the
poor avoided cammt oltM other party.
10. TITLE.
The Sella wamnts full, clear and unrestricted are to the Purchaser for all equipment, mormads, all items famished
in performance of this agreement Too and clear of any and all Irons, restrictions, resmations, security inTmal
encumbrance and claims father.
11. NONWAIVER.
Failure of the Purchaser as insist upon suin performance of the terms small conditions hermf, failure or delay to
exasm any rights or mncdies provided herein or by law, failure to pamplly modify, the Seller in the evens of a
breach, the acceptance afar payment fen goods hereunder or approval oftbe designs shad not release the Seller of
any of the wamnties or obligations of Nis purchase order and dull and be deemed a waiver of any right of The
purchaser to insist upon strict performance hereofor any arm, rights or remedies as as my such goads, regardless
of when shipped, critical or accepted, as to any prior or sobsequmt default hereunder, nor shall any purported
aml modification or rescission of this purchase order by the Ruehun opvote as a waiver of any of the It.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchsser recognise that in actual economic practice, overcharges resulting fmm antitrust
violations are in fact home by the Purchaser. Theremfine fm good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to comet nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purcha or
may cause be work to be Performed by the most expeditious means available to it, and the Sella shall pay all
casts associated with such work.
The Sella shall release the Purchaser and its contractors of any tia firms all liability and claims of any mature
resulting fmm the Performance ofsuch work.
This release and apply even in rise event of fault of negligence of the parry released ell shall extend to the
direcwrs, officers and employees ofsuch party.
The Sellers continental Obligation, including wwmnty, shall not M deemed to M reduced in any way, because
such work Is performed or caused to be performed by The Purchaser.
14. PATENTS.
Whenever the Seller u Iryuind to uao any design, device, material or process covered by letter, Indoor, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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 the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any rime during the prosecution or a0er the completion of the work. In case said equipment or
any pan thereof or the intended use of the goods, is in such suit held to constitute infnngion m and the ose of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure far the
Purchaser the right to continue using said equipment or parts, replace The same with substantially equal but
naninfringing equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Sella shall bvcornc insolvent or bankmpt, make an assigmnent for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this arch may foMwith M canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defrniam. of terns usad or the mainframe. of the agreement and the rights ofail parties hera nde shall M
construed under all governed by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in taxes where the Sella is w per( wok hereunder,
including the servica of Sellers Repreamescive(s), on the premises crashers.
FT SELLERS RESPONSIBILITY.
The Sella shall nary oa said work at Sellers own risk unfit the same is fully completed and accepted, and shall,
in use Of any accident, destruction or injury as the work -Nat muramd, began, Sellers final camplenon all
acceptance, complete the work at Sellers own expense and to the sub traction of the Purchaser. When mammals
and equipment are famished by Others for installation ar erection by the Seller, the Seller shall receive, unload.
some and handle same at the site and became responsible therefor as though such materials anchor equipment
were being furnished by the Seller coda the order.
18. INSURANCE.
The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by Nis purchase order,
nudger to their depeadenta in accordance with the laws of the state in which the work is to b, done. The Sena
Audi also tarty comprehensive gmeml liability including, but mat limited w, contractual and automobile public
liability insurance with bodily injury and death limits of at least 53o0,000 for any one Person, S50Q000 fen any
me accident and property damage limit per accident of S400,000. The Sella shall likewise require his
corrosion, ifany, to provide for such competandon and insurance. Before any of the Seller or his contmetmrs
employees shall do any work upon the premiss of others, the Sella shall famish the Purchaser with accordions,
that such compensation and insurance have Even provided Such cerdfcmw shall specify the date when such
compensation and insurance hove been provided Such mtificata shall specify the date when such compensation
and immature expires. The Sella agrees But such exurnamandwas and insurance shall to, mairmamed and] ma Ne
entire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby... the entire responsibility all liability far any and all damage, loss or injury Ofany kind
Tature whatsoever ro persons or propary caused by or resulting from the extend. of the work provided for in
this pmcMae order or in connection hat The Seller will indemnify and hold harmless the Purchaser all any
r all of the Purchasers officers, agents and employees ftom and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchnxr may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contraction, or any of the Sellers or contractors aRcer, agents or employers. In case any suit or other
proceedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employes as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same al the Sellers we expense, w pay any tied all casts, charges, attorneys fees and other expetuea,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employes in such suits or other proceedings, and in case judgment or other lien he placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
Boa Sella will at once cause the same ex be dissolved and drschooged by giving bond in otherwise. The Sella and
his contractors shall take all salary precautions, famish and install all guards natssary for tM prevention of
accidents, comply with all laws and nabooas with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations based pursuant tMreto.
Revised 09R014