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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9111259 (2)Fort Collins Date: 09/12/2011 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS Colorado 80620 PO Number Page 9111259 1of2 his number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 03/01/2011 Buyer: JAMES HUME Note: Line Description QuantiOrdered UOM Unit Price Ezp��d 2 Addendum Added work 3 Addendum Credo, om�-� e3. o"rWok -a-el City of Fort Collins Director of Purchasing and Risk Management This order Is not va8d over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-0775 Fax:970-221.6707 Emad:purchasingQafcgov.com 1 LOT EA / 303.98 EA 65.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I1. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the torts and conditions hero( failure a delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Susan 1973. Chapter 39-26, 114 (a). exercise any rights m remedies provided herein m by law, failure ro loans, ly notify the Seller in the event of a breach, the acceptance ofer payment fro goods hereunder a approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties a obligations of this purchase order and shall nor be dinned a waiver of any right of the damage in namit, may be return d to you for credit and am trot m be replaced except upon receipt of written purchaser to insist upon strict performance hereafer any of its rights or remedies m to arty such goods, regardless instructions from the City offon Collins. of when shipped received or accepted, as m any prim or subsequent default hereunder, nor shall any purported oral modification or reseission of this purchase order by the Purchasor operate m a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. 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 part 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 from antitm a ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedure. violations an in fact bore by the Purchaser. Theretofore, for 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 Freight Terms. Shipments most be F.O.B.. City of Fort Collins 700 Woad St., Fort Collins, CO 80522, unless acquired under federal or stem antitrust laws for such overcharges relating to the particular goods or services otherwise specified 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 fro packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mamfaemsrers have distributing points in variom parts of the country, shipment is If the Purchaser directs the Seller to correct moconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted hoer Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may came the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and m1es of the more. 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 of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authotimtion. All patties to this contract agree that the mp narmives are, in fact. bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated herein act form and any supplementary or additional tenor and conditions annexed hems a incorporated herein by reRnmce. Any additional a different terns and conditions proposed by seller are objected ro and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you comet make complete shipment to arrive on year promised delivery date as tutted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase odor and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial her delivaim, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable far damages m a result of delays due m causes nor reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such ease of God, acts of civil or military authorities, governmental priorities, fires strikes, flood, epidemics, wars or rims provided (hot notice of the conditions coming 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 fer the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller wa ones that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar came. The Seller agrees to hold the purchaser harmless been soy ram, damage or expense which the Purchaser may suffer or incur on account of the Sellas breach of warranty. The Seller shall replace, repair or make good without cast to the purchases, any defects m faults arising within one (1) year or within such longer pound of time m may be prescribed by law or by the worm of any applicable warranty provided by the Seller after the dare of acceptance of (he goods furnished hereunder (acceptance rat to be urneawnabty delayed), resulting from imperfect a defective work dare a materials famished by the Seller. Acceptance or use of goods by the Pumhaso shall nor constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of nary of the foregoing wanantim a guarantees but such liability shall in an event include lam of profits or Im of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change Oder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal none, including additions to or deletions from the quantities originally metered in the specifications or drawings, by verbal a written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by written change order, temimre this agreement as to my or all portion of the goods than nor shipped, subject to my equitable adjustment between the parties m to my wait m materials then in progress provided that the Purchaser shall net be liable for any claims for anticipated profits 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 Sella with respect to any goads which are the Sellers standard stock. No such trmination shall mlieve the Purchaser or the Sella of my of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmmrnt most be asserted within thirty (30) days from the date the change or termination is adacd. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been produced sold delivered and famished in strict compliance with all applicable laws and regulations to which the goads see subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in egrtmlents of this character am hereby incorporated harem by this reference. The Seller agrees to indemnify and held the Purchaser hornless from all costs and damages suffered by the Purchaser m a result of the Sellers faihue m comply with such law. 9. ASSIGNMENT. Neither party shall amign, transfer, or convey this order, or any monies due a to became due hoarder wit¢out the prior written consent of the other party. 10. TITLE. The Sella wertents roll, clear and unrestricted title to the Purchaser far all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens restrictions, reservations, security interest ascumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any ter from all liability and claims of any torn, resulting from the performance of such work. This tcleme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contracting obligations, including warranty, shall nor be deemed to be reduced, in any way, because such work is performed a tamed to be performed by the Purchaser. 14. PATENS. Whenever the Seller is required to use any design, device, material m process covered by Inter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the our of such patented design, device, material or pmonx; in connection with the aantma, and shall indemnify the Purchaser for any cost, expose a damage which it may be obliged to pay by season of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, a any pan thereof or the intended use of the goods, is in such rut held to constione inBingement and the me of said equipment or pros is enjoined, the Seller shall, at its own expense and at its option, either procure Inc the Purchaser the right to continue using said equipment m parts, replace the same with substantially equal but noninfringing equipment, or modify it an, it becomes nuf inf tinging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment fm the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cores where the Seller is to perform work hereunder, including the services of Seller Reproar ative(s), on the premises ofothers 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Sellers own risk until the same is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at SeIIMs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation a erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the ode. 18. INSURANCE. The Seller shall, at his own expense, provide fer the payment of workers co nI enmtion, including occupational disease benefits, to its employees =played on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sore in which the work is to be done. The Sella shall also carry cmnprehasive general liability including, had not limited to, con moral and automobile public liability insurance with bodily injury and death limits of at (cast 5300,000 for any tam person. $500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before my of the Sellers m his contractors employees shall do any work upon the premises of others the Seller shall fomish the Pmchmer with a certificate that such compensation and insurance have been provided Such certificates shall specify the doe when such compensation and insurance have been provided. Such cartificaas shall specify the date when such compensation and insurance expires. The Seller agrees that such canpensmron and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby msum s the entire responsibility and liability for any and all damage, loss a injury of army kind m nature whanuever to persons or property tamed by or resulting from the execution of the work provided fer in this purchase order our in connection herewith. The Sella will indemnify and hold ha rgem the Purchase, and any m all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, missing a default on the part of the Sella, any of his contractors, or any of the Sellers or conmcto s officers, agents or employer. In case my suit of other proceedings shall be brought ageing the Purchaser, or its officers, agents a employees at any time on sc mmt or by reason of any no. action, neglm, omission or default of the Sella of any of his contractors m any of its or their officers, agents or employer as aforesaid the Sella hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fer seat other expenses. any and all judgments that may be inclined by m obtained against the Purchaser or any of its or their officers. agents or employer in each suits a other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, m said parties in a as; a result of such suits a other proceedings the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his connectors shall take ell safety Investment, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without lmiotion, the Occupational Safety and Health Am of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010