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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9112123PURCHASE ORDER PO Number Page City Of 9112123 1 of z Fort Collins ol f n L+J This number must appear Fort on all invoices, packing slips and labels. Date: 04/1912011 Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS Colorado 80620 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Imo,.;) J - '�-k 1 Delivery Date: 04/14/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Arbitrator 360 kits per Arbitrator SaQuot�--� WSCA pricing, Attn: Marty McKinney) plus maintenanc , , ' stallation and deployment. 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 1 LOT LS 46,309.36 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 W. Purchase Order Tcn-ns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt main state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written instructions form the City of Fort Collins. Inspection. GOODS am subject to the City of Fan Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions berm(. failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmplly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wvmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies as In any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the arms hereof. Final Acceptance. Rcecipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front animist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vmlitions arc in fact boom by the Purchaser. Theremfore, for good cause and as considers lion for executing this purchase Order, the Seller hereby acigns to the Purchnscr any and all claims it may now, have Or hereafter Freight Terms. Shipments must be F.O.P., City of Fen Collins, 700 WOW St.. Fort Collins. CO 90522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services otherwise spocified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfoming or defective goods by a dam to be agreed upon by the expected Foam the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, rind the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the mnst expeditious means available to it, and the Seller shall pay all costs nsxoci.wd with such work. Permits, Seller shall procure at sellers role cost all necessary, permits, eenificates and licenses required by all applicable Imes, mgulritions, ordinances and rules of the state, municipality. territory of political sohdivisinn 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 of Fart Collins harmless farm sad agnin,t all liability and loss incurred by them by reason of an asscned or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representalves arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refcrcncc. Any additional or different terms and conditions praposed by seller am objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpart 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 ofplacing this order clsewvhcm and holding the Seller liable for damages. However, the Seller shall not be liable for damages as is result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. Such acts of God, acts ofcivil or military authorities, governmental priorities. fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery Shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all Son&. articles, materials and work covered by this order will conform with applicable drawings, specifications, ampler and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree Of cam and competence in accordance with accepted standards for work of a similar union. The Seller agrees to hold the purchaser hamlcss Form any loss damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair Of make good, without cost to the purchaser, any defects or faults arising within one (1) year or within Such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Sc Ilet after the date Of acceptance of the gnarls furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchn.wr shall not constitute a waiver of any claim tinder this wamnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximmcly caused by the breach of any of the foregoing warrant ics or gtamm uses, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities nnginnlly ordered in the .speclficalma, or droviags. by verbal or warmest change order. If any such change affects the amount due or the Time ofperformance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated prafrN on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with resncd to any goods which arc the Sellers standard stock. No Such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days Foam the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chancier arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the Other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of nthc.. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and stains of any name resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, oRerni and employees ofsuch party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced. in any way, because such work is performed or caused to be perforated by the Piimhaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter. patent, trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of Stich patented design, device, material Or proses 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 ofsuch infringement at any time during the prosecution Or after 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 infringement and the use of said cquipment Or pan is enjoined, the Seller Shall. at its own expense and at its option, either noncom for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but annini inging equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or hanknnt make an assignment for the benefit of ercdimrs, appoint a receiver Or trustee for any of the Sellers property or business, this order may forthwith be enaccled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of ears used at the interpretation ofthe agrecmcat and the rights of all panics hereunder shall be constroM under and governed by the laws ofthe Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcreander. including the services of Shccrs Rcpresentative s), on the premises nfothem 17. SELLERS RESPONSIBILITY, The Seller shall carry On said work at Seller's own risk until the Sant, is hilly completed and accepted, and shall, in case of any accident. destmction or injury to the work and/or materials before Scllcis final completion and acceptance, complete the work at Seller's own expense and to the Satisfaction of the Purchnscr. When materials and equipment arc fumishcd by others for installation or erection by the Seller. the Seller shall receive milord. store and handle some at the site and become responsible therefor as though Such mmerinls and/or equipment were being furnished by the Seller under the order. 19, INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation. including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase older, and/err to their dependents in accordance with the laws of the state in which the work is to be done, The Seller shall also carry comprehensive general liability including, but not limited to, contractual and antomobile public liability insurance with bodily injury and death limits of m last S300,000 for any one person. S500.1700 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conmetom, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofothco,. the Scllcr Shall famish the Purchaser with a ecnificam That such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificates shall sweify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind Or nature whatsoever to person., or pmperry caused by or resulting fmm the execution ofthe work provided for in this ptirehasc order or in connection herewith. The Seller will indemnify and hold harness the Purchaser and any or all of the Purchasers oRcem, agents and employees from and against any and all claims losses damages, charges or expenses, whether direct or indirect. and whether to persons or property to which The Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of tiw Seller. any of his contractors, Or any of the Sellers or contractors officem, agents Or employees. In case any suit or other pmccci ingv shall be brought against the Purchase,, or its office,, agents or employees at any time no recount or by reason of any act action, ncglmt, omission or default of the Seller of any of his contractors or any of its or their offcen, ngcnts or employees as aforesaid, the Seller hereby agrecs to assume he defense thereof and to defend the came at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any nod all judgments that may be incurred by or obtained against the Purchaser Or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of Such SOON err other Proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othen, sc. The Seller and his contract.,., shall take all safety precautions, furnish and install all guards necessary for life prevention Of .accidents, comply with all laws and Ngtdalions with regard to safety including. bra wilhout limitation, the Occupational Safety and Health Act of 1970 and all nudes and regulations issued pursurint thercm. Revised 03/2010