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Home My WebLink About126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9112169PO PURCHASE ORDER 911216er Page City of PURCHASE 9112169 1 of z `t Chisnumbermustappear ` Collins' 1�7 on all invoices, packing slips and labels. Date: 04/18/2011 Vendor: 126722 Ship To: POLICE DEPARTMENT WIRELESS ADVANCED COMMUNICATIONS POLICE SERVICES 3901 W SERVICE RD 2221 TIMBERLINE ROAD EVANN1S Colo FORT COLLINS Colorado 80525 lJrado l}8�0'6210u, �tb 1 0 Delivery Date: 04/18/2011 Buyer: JAMES HUME Note: Line - Description Quantity Ordered UOM Unit Price Extended Price I Dispatch equipment 1 LOT LS 7,000.00 Per Quote 2 Dispatch equipment 1 LOT LS 17,302.82 Per Quote City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 lam. ` 9iri.}!y n. - I 1 a I 1. COMMERCIAL DETAILS Tax exemptions. By same the City of Fort Collins is exempt from state and local rasa. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmi ante of Registry 84-Final is egboand with the Collector of loretvl Revenue, Denver, Colorado (Ref Colorado Revised Scares 1973, Chapter 39-26.114 (a). Gonds Rejecled. GOODS REIECTED due to failure 1. men sweifcations, cithn warn shipped or due in defects of damage in emit, may In, rammed to you fm.credin am are nor to be replaced except Open eaipt of written instructions from the City of Fort Collins. Inspection. GOODS am subjttr to the City of Fort Collins hispanic. on arrival. Page 2 of 2 11. NONWAIVER. Failure of me Puahaeor to insia upon strict perfom ace of tic leers am dondiminns ham[ failure or delay to exercise airy rights or rtmodies provided herein m by law, failure to promptly notify the Seller in the eosin of a breseh, the accepance ofor payment for goods hamnder or approval ofine Mango, sail not eleme the Seller of any of the wamnmen or obligations of this pumhisseoma and shell not be deemed a waiver of any not of the phou sho insisn Open strict performance hereofor my of it rights or rcmedirs as to any such goods, regardless ofw,,aL mcived or acrepta. as to arty prim Or mbsequmt default hermmdes, an shall any papamst eel meifation or rescission of this purchase order by me Purchaser oMwr as a waiver of any of the it. anvf. Final Acceptance. Receipt of me merchandise, services or tyuipment in rapone to this other an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhmized paymmt on the pin of the City of Fat Collins. However, it is to be understood that FINAL Seller am the Pachuca rancepire mar in octant ec000mic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Ball applicable required mastication procedures, violations are in fact home by the Pendant. Themofoe, fro goad cause am as consideration for exceeding this urcluse m th Sell a Freight Terms. Shipments m s an FOR., City of Fort Collins, 91 Wood StFo , n Collins, CO 80522, ..It. otherwise specified on this Omer. If prnnission is given to prepay freight am charge separately, the odgitul freight bill must accompany involve. Additional cargo for puking will not m accepted. Shipment Distance. Where menufacmrers have distributing points in venous pens of the country, shipment is expected from the mast distribution point m destination, and excess freight will be deducted from Invoice when shipment are made from greater distance. . Permits. Seller shall procure, at villas sele coat all necessary permits,vertificata and licenses required by all applicable laws, regulations, ordinances and mles of the slate, municipality, territory or political subdivision where the work is performed. Or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City m incoreof Fort Collins harmless from and against all liability and loss d by them by reason of an assented or enablishcd violation of any such laws, regulations, eminences, mlcs and requirements. Authodmlion. All parties to this contract agree that the remannmtives we, in fact, bona fide am possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions waled herein set Leh and any mWlcmcntary or additional emu and m conditions acxod hereon or how,cmed herein by reference. Any additional or ditTerrnnerms am conditions proposed by seller sm objected m and hereby ttJected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if y.. amm make complete shipment to arrive on your promised delivery date as rated. Time is of the amse. Delivery and performance mud be effmted within me lime stated on the purchase order am the da nownta attached hereto. No arms of the Purchasers inchding, without limiatum, Inalm me of pmial lee deliecda, shall -pease as a waiver of this provision. In the event of eery delay. the Purchaser shall have. in addition to Other legal awe equitable mmedica, the option ofpm lacm, this Oer elsewhere sun holding the Seller liable fro damages. However, the Seller shall net be liable for damages as a result of delays doe ro aura not recame6ly fmaceable which am beyond it reasonable cony am wihout its fault of negli,mi tier, such acts PfGod, acts ofcivil m milimry Hadua govemmeoml pnna ori, fins, strikes, flood, epidemics, wars or rims provided that notice of the conditions coning and delay is given to the purchaser within five (5) Maya of the fi time when the Seller n, received knowledge thereof. In me event of any such delay, the Mete of delivery sell be extended fro the period count to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller amo my that all goods, ameba, menials and wok covered by this order will conform with applicable drawings. Wedicalions, temples am/or other descriptions given, will be m fro the purposes intended, and performed with the highest degree of cue and competence in neardence with accepted stmdands fro work of a similar nature. The Sella agrees I. hold me purchwer hmmleas from any was, damage or expense which the Pumaser may suffer or incur On account of the Sellers breach of warmnty. The Seller shall replete, repair or make good, without cost to the purchaser, any defects or faults arising within our (1) year orwithin such longer period of Has m may be proadind by law or by the tam of any appliablc whammy providd by the Sella aflcr me date of acceptance of the goods famished hereunder (aradamem rim to be mrasonably delayed), resulting from immrfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not mmitutc a waiver ofany claim under this warned, Except as otherwise provided in this purchase order. the Sellers' liability havonder shall extend to all damages proximately caned by the breach ofany of the foregoing warranties or gmuni ces, but such liability shall in no event include loss ofprofit or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehaaw may make changes to legal terms by written change Omer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may On any changes to the terns, odor tam legal tent, including additions to or deletions from the quantities originally ordered in the spaifcadoa or dmwmp, by verbal o,wtinen change order. If any sued change affeas the amount due or the the ofpnfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by wave. change under, ramiem this a,manown as to my m all portions of the goods men rim shipped, subject m any rquiuble wlpodtnem between the parries as to any work or materials then in Mg. Provided that the Purchaser shall net be liable fro my Heim, fro anticipated pmfts on the ...,term Ionian Of the groda and/or wok, for incidental or cvmancond I damages, and that no such Rdjmm=i be rand& in favor "a Sella with espal to any goods whirl are me Sellers nmdam stock No such terminal. Hall relieve the Purchaser or the Seller ofany Ophch obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fro adjnment nun be rssened within minty (30) days from the dote me change or termination is orrr,ed. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods mid hereunder shell have bun practical, sold, delivered am fumishd in strict compliance with all applicable laws and regulations to which the goods we Hera, The Sella shall execute and deliver such documents as may be rryuied to effnm or evidence compliance. All laws and regulations taloned to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella amen to indemnify and hold the Purchaer harmless from all cats and discounts uff.d by the Purdue, as a moult of the Sellers failure to comply with such I., 9. ASSIGNMENT. Neither parry shall assign, tomfeq or artery this order, or any monies due or to become due hereunder without he prior written consent of the other party. 10. TITLE. The Scllcr wamnts full, clear and unnamed title to the Purchaser for all equipment, nowerm) , and items furnished n performance of this agccment, five and clear of any and all liens, msMction , reservalions, mainry, intact encunsbm tars and claims of others. ItO tar, r a aeby sangas to the Pumhosa any and all claims it may now have or handler acquire under federal or see antitrust laws for such overcharges relating to me particular goods or services Purchased or morainal by the Purchisur pursuer to this Ourchaw Oder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, end the Seiler mereafla indicates it inability or unwillingness to comply. the Purchaser may come the work to m Perfome by the met expeditious menus available to it, and the Sella shall pay all ends Bssocimed with such work. t The Seller shall release the Purchaser read it retractors of any tin from all liability and claims of any nature resulting from the pnfomance omen work. This relcne shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, ifa s and employees of such Party. The Seller's contractual obligations, including warranty, shall not be doomed to be reduce, in any way, memse such work is performed or caused to be performed] by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by law. paint, trademark Or copyright, tic Sella shall indemnify and save hmmless the Purchaser from any am all claims for infringement by reason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purch err for any cost, expense or damage which it may be obliged to pay by reason of such inMngcmat at any time during the proucutim or wfia the complains of the work. In au said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or Pan is enjoimad, the Seller shall, it its own expense am at its option, either proems fro the Purchaser the right to sorrow using said equipment m.paiw replace the came with substantially equal bra nminfnnging covipmenl, or modify it so it becomes noninffinging. 15. INSOLVENCY. If the Seller that become insolvent or ba dmpt, an an essigmtcnt for the bereft of crodiama. aoxim, e receiver Or trmtce Am any of me Sellers property m bsinces, this when may forthwith be canceled by the Purchases without liability. I& GOVERNING LAW. TM definitions of rams use or the intmpmatien ofhe agreement and me right ofall panics hemunda shall be comma under and treated by the laws Of Me State ofColomdo, USA, The following Additional Conditions apply only in cases where the Seller is to Perform work he under, including the services ofSellas Represcnmrive(s), on the premiss Of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, Mammalian or injury to the work and/or materials before Seller's fial completion and acceptance, complete On work at Sellers own expene and to me satisfaction of the Purchase, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle some at me site end become responsible thcefor as though such materiels mod/or equipment were being famished by the Scllcrunder the order B. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including resuparlon d disease bacfita, to its employees employed on Or in connection with me work covered by this purchase order, and/or to their dependent in mcmdmce with the laws of the state in which the work is to he done. The Sella shall also any compmhmaive genera liability including, bra no limited to, command and automobile public liability insumnce with bodily injury and dmth limits of at least S300.000 fro any our person, $500,000 forany accident rem property damage limit per accident of S400,000. The Seller shall likewise rawme his cmtrectors, if any, to provide for w<M1 ampmtetion am insurance. Befae any of Ira Sellca m his contactors employes sale do any work upon the premiss of Provide the Sella shall famish the lent , wins a certificate that oo t such compensation am insmmce have ben Provided. Such orris to shell specify the date who such compensationn am insurance have bun that su:Suchcenatio ash all specify Me date warn wed oompntatMe rem a work is expires. The Seller ogees that such compenation am inunnm shell h maintained ..,if eon the enure wok is completed and eeeeptM. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby essuma me cn6e respoaibility am liability for my rem all damage, loss or injury ofany kind Or nature whasoeve, to persotu or property caused by or resulting from me execution ofta work provinc0 for in this Par ass, order a in connection herewith. The Sella will indemnify and hold harmless me Purchaser and any r all of the purchasers Officers, worry am employees faro and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, am whether to persons a property to which the Pt ch ter may tar put a subject by reason of any tat. Briton, neglect, Omission or default on the pm of the Seller, my Of his contractors, or my of the Sellers or connanms o taws, agars m employee. In case any wit or other proceedings shall be brought against the Purchaser, or its officers, agent or employees at any time on recount or by reason Of my wet, action, neglect, omission or default of the Sella ofany of his -conmom or any of it a their often, -grab or employees as afmrmid, me Sella hereby ogees to eacume the defense thereof and in defend the some at the Sellers Own expense, to pay any and all cat, charge, moneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of in or their officers. agent or employees in such suit or other precarious, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or aid ponies in or in a result of inch suits or other procedings, the Seller will in once cause the came to be diswlved and discharged by giving bond or otherwise. The Seller and his containers shall take all safety precautions, famish and install all guards necessary for the pmvcolion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant theme. Revised 0342010 - -