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HomeMy WebLinkAbout126693 COMPLETE WIRELESS TECHNOLOGIES - PURCHASE ORDER - 9121318PO PURCHASE ORDER 912131 Number Page City of PURCHASE 9121318 1 of 2 Flirt COI l I n C This number must appear ,�—J`-' ` ` �7 on all invoices, packing slips and labels. Date: 03/05/2012 Vendor: 126693 Ship To: TRAINING FACILITY COMPLETE WIRELESS TECHNOLOGIES POUDRE FIRE AUTHORITY 621-C INNOVATION CIR 3400 WEST VINE WINDSOR Colorado 80550-3134 FORT COLLINS Colorado 80521 Delivery Date: 03/05/2012 Buyer: ED BONNETTE Note: PLEASE SHIP TO ATTN: CAPT JIM HERRINGTON. Line Description Quantity Ordered UOM Unit Price Extended Price Bendix King VHF radios 1 LOT LS 14,812.00 Quote 3/5/12 Total Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By surface the Cite of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 08-04502. Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay In Internal Rc%cnuc, Denver. Colorado (Ref. Colorado Re, iced Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies pmvidcd herein or by last. failure to promptly notify the Scller in the went of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Scllerof Goods Rejected. GOODS REJECTED due to failure to moral specifications, either when shipped or due to defects of any of the tvarrin ics or obligations of this purchase order and shall not he demmed a waiver of any right write damage in transit may be mooned to you for credit and arc not to be replaced eseept upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to anv such goods. regardless instructions free, the Cityof Fmt Collins. of when .chipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parlrrmed road modification or rewission of this purchase order by the Purchaser operate as a waiver of any of the terms Iaspcction. GOODS arc subject to the City of Fort Collins inspection on 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 pan of the City of Fort Collins. However. it is to be understood that FINAL Seller anti the Purchaser recognize that in actual economic practice. overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applieahlc required inspection procedures. violations arc in fact home by the Purchaser. Theretofore. for good cause and n, consideration for oxeeting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins, 70f1 Wood St.. Fort Collins. CO 80522. unless acquired tinder federal or state Ontimtal laws for such overdtarges rclming to the particular goods or scmices other, ise specified ma this order. If permdaion is given to prepay freight and charge %contritely. the original freight purchased or acquired by the Purchaser parsaant 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 pans of the century, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thercnficr indicates its inability or unwilliaenesc to comply. the Purchaser shipments are made front greater distance. may cause the work to be Performed by the most expeditious means a%ailnble to it. and the Seller shall pay all costs assoeiaed with such work. Permits, Seller shall pate ere at sellers whe cost all necessary peritz. ccroficalcs and licenses required by all applicable laws. regulations, ordinances and talcs of the state, 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 father agrees to held the City of Fun Collins harmless from and against all Inhility and lass incurred by them by reason of an asserted or established vinlation of any such laws, regu l rations, ordinances. rules and requirements. AulhoriLtion. All panics to this contract agree that the representatives are. in fact. bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icrs and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions proposed by seller arc objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrov on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the parchaw order and the documents attached hercm. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a t tiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other Icgal and equitable remedies. the option ofplacing this order elsewhere and holding the Seller liable for damages. Howcrcr. the Scller shall not be liable for damages as a result of delays due to cruses not reasonably foreseeable which arc beyond its reasonable control and milhout its fault of negligence, such acts of God, ass ofci,il or military authorities. governmental priorities, fires, strikes, flood, epidemics. tears or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within free (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dcl ivory shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, material% and work covered by this order will conform with applicable drawings, specifications, samples and/or ocher descriptions given. will be fit for the purpnses intended. and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhamr may suffer or incur on account of the Sellers bm ch of warnty. The Scllcr shall replace, repair or make goad, without cast to the purchaser, any defects or faults arising within rare (1) year or within such longer period of time as may be prescribed by law or by the term of any applicable warn, pmvidcd by the Seller after the dale of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or detective work done or materials famished by the Seller. Acceptance or use of goal by the Purchaser shall not constitute a waiver crony claim tinder this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing seman atic.s or guarantees, but such liability shall in no event include loss of pmfL or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF Fl TNESS FOR PURPOSE, SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change corder. 5. CHANGES INCOMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally rrderad in the specifications or drawings, by verbal or wriren things, order. If any such change affects the amount due or the time ofperforance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the gaols then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progvcs% provided that the Purchaser shall not be liable for any claims for anticipated pro its on the uncompleted Portion of the goods and/or work, for incidental or eonscqucmial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gaed%delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thin (30) drys form, the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. He Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character am hereby incorporated herein by this inference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply w'ilh such lair. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this nrder. or anv monies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Seller warms full. elet round unrestricted title to the Purchaser for all equipment, materiaK and items famished in Performance of this agreement. free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims afmhers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nnturc resulting from the performance of such work. This rcicaec shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warnty, shall not he deemed to he reduced. in any way. because 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 letter, patent. trademark or copyright, the Seller shall indemnify and save harm less the Purchaser from any and all claim for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indcmn i fy the Parchuscr far any cost. expense or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution or after the completion of the work. In case said equipnenl. or any port thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment Or part is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankntpt, make an tic ignment for the benefit of creditors, appoint a receiver or trustee for any of the Set fors property, or business, this enter may fothwi th be canceled by the Purchaser withma liabiliy. 16. GOVERNING LAW. The definitions of o mis used or the interpretation oflhc agreement and the rights off][ panics hereunder shall be commmexl under and governed by the Imes of the State of Colomdo. USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellem Rcpresentativc(s), on the premises efmhcts. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on mid work m Sellers own risk until the mortis fully completed and accepted. and shall. in case of any accident, destruction or injury to the work and/or materinls before Seller's final completion and ,acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc garnished by ethers for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such matcrials 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 markers compensation, including necapational disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the lams of the sate in which the work is to he done. The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits writ (cast S300.000 for any one person. S560.000 for any one accident and property damage limit per accident of S400,M0. The Seller shall likewise require his eontrneters, if any, to provide for meth compensation and insurance. Hefnre any of the Sellers or his contractors employees shall do any work upon the premises ofethers, the Seller shall furnish the Parchuscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the Ante when ,such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained and after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchv assumes the entire respancihility and liability for any and all damage. loss or injury ofnny kind or nature whatsoever to persons or property caused by or resulhng front the execution ofthc work pmvidcd f r in this purchase order or in connection herewith. The Seller will indemnify and hold hamalcss the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to persons of property to which the Purchaser may he put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oRccrs, agents or employees. In case any suit or other proceedings shall be hrought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act, action, neglect. onnosioa or default of the Seller crony of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the not at the Sellers awn expense, to pay any and all costa, charges, attorneys Ica and other expenses, any and all judgment% that may be incurred by or obtained against the Purchaser or any of its or their ofcerc. agents or employees 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 panics in or fro result ofsuch suits or other po a edingc, the Seller will at once use the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety prccautinns, famish and install all guards necessary for the prevention of accidents. en ply with all Imes and regulations with regard to safety including, but without condition, the Occupalio cal Sofcry and Health Act of 1970 and all macs and regulations issued parsuant thcrdn. Revised 03/2010