HomeMy WebLinkAbout19- Purchase Agreement - Blackfoot Communications, Inc. - Oak Street Conduit PURCHASE AGREEMENT
THIS AGREEMENT is made this 21 1? day of M,A*4 , 201'� by and between the
CITY OF BOZEMAN, a municipal corporation organized and existing under the laws of the
State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as "City," and
BLACKFOOT COMMUNICATIONS, INC, a Montana corporation with a mailing address of
1221 N. Russell St.,Missoula, MT 59808,hereinafter referred to as ("Seller").
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase the
property requested and described in Addendum "A" , from the
Seller all of which is incorporated into this Purchase Agreement by this reference. By accepting
this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into
manufactured products of all machines, software,hardware,materials and other devices furnished
under this Purchase Agreement which are not of the Seller's design, composition, or manufacture
shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall
hold the City harmless from any and all costs and expenses, including attorney fees, liability, and
loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller
agrees to defend such claims, suits, or actions.
The property being purchased ("Property") consists of 7-way FuturePath conduit and
access vaults already installed in the Oak Street right-of-way as depicted and described in
Addendum"A".
TOTAL PRICE (including shipping): $23,615.68 j
2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and
upon this Property complies with Addendum A as accepted by the City. Unless otherwise agreed j
to by the City,the items listed in Addendum A and Section 1 of this agreement,govern in the event
of inconsistencies with the Seller's response to the same.
3. PRICE: The City agrees to pay twenty-three thousand,six hundred fifteen dollars j
and sixty-eight cents ($23,615.68) as the purchase price. All prices include any applicable local,
state or federal taxes that may be applied to the Property to be purchased. This price is firm and
not subject to escalation under agreed to in writing by the City.
4. DELIVERY AND PAYMENT: Time is of the essence in the performance of this
Purchase Agreement. Seller assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the
Property.
Blackfoot Communications Oak St Conduit Purchase Agreement
Page 1 of 4
�I
Seller agrees to delivery to the City in a fully operational status and all accessories properly
installed no later than June 3, 2019. Delivery will occur at the 121 N. Rouse Ave, Bozeman, MT
59715, or at a place otherwise selected by City. If delivery of the Property and/or performance of
services required under this Purchase Agreement cannot be made Seller shall promptly notify the
City of the earliest possible date for delivery or performance. Notwithstanding such notice, if
Seller for any reason fails to deliver the Property or perform required services within the time
specific or to the City's satisfaction the City may terminate this Purchase Agreement or any part
therefore without liability except for good or services previously provided and accepted. The
City's receipt or acceptance of any part of a non-conforming delivery or service shall not constitute
a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable
law. Upon delivery and for a reasonable period thereafter,City has the right to inspect the Property
to ensure that it meets Specifications as modified by Seller's responses which have been accepted
by City. If the Property meets the Specifications, City shall tender the purchase price stated above
to Seller through the City's normal claim process. Unless otherwise agreed to in writing,payment
terms shall be net thirty(30) days from the date of receipt of invoice or acceptance and delivery of
goods and services by the City, whichever occurs last. Payment will be made to Seller at the
address previously stated unless Seller provides a different address in writing. Invoices must be
mailed to: City of Bozeman Economic Development, PO Box 1230, Bozeman, MT 59771.
5. NONDISCRIMINATION: Seller will not discriminate in the performance of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation,gender identity or disability and shall ensure this
provision applies to all subcontracts let by the Seller in fulfillment of this Purchase Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller's breach of
this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails
to meet City's Specifications, City may, at its option, take any or all of the following actions
without prejudice to any other rights or remedies available to the City by law: (i)declare the Seller
in default and immediately cancel and rescind this Purchase Agreement; (ii)require Seller to repair
or replace any equipment or materials used in the Property, and upon Seller's failure or refusal to
do so,repair or replace the same at Seller's expense; (iii)reject any material or equipment included
in the Property containing defective or nonconforming equipment or material and return for credit
or replacement at Seller's option; or (iv) cancel any outstanding deliveries and treat such breach
by Seller as Seller's repudiation of this Purchase Agreement. Thereafter, City may procure
substitute property to replace the Property described herein. In such event, Seller is liable to City
for the difference between the price set forth herein and the price paid by City for the replacement
property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City's breach hereunder, Seller's exclusive remedy shall be Seller's
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify
this Purchase Agreement or the equipment or material included in the Quotation at any time.
Blackfoot Communications Oak St Conduit Purchase Agreement
Page 2 of 4
Seller's receipt of City's written change order without response received by the City within 10
(ten) business days or Seller's shipment or other performance reflecting the change, whichever
occurs first, shall be Seller's acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS AND SHALL ASSIGN TO THE CITY ALL
WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION,THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN
ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS
OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL
EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL
DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH
ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER'S STANDARD WARRANTIES OR OTHER RIGHTS OR
WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
9. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
10. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,
embodies the entire understanding between the parties relating to the subject matter contained
herein. No agent or representative of either party has authority to make any representations,
statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
11. APPLICABILITY: This Agreement and any extensions hereof shall be governed
and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
Blackfoot Communications Oak St Conduit Purchase Agreement
Page 3 of 4
CITY OF BOZEMAN SE
By Dater Byt4 Date:,:F.Z!- I Q
Andrea Surratt, City Manager Print Name:p/V.tO t4. A&S.-roO
Print Title:
APPROVED AS TO FORM:
By
Greg Su i n,Ci At rney
Blackfoot Communications Oak St Conduit Purchase Agreement
Page 4 of 4
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