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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9121755City of /110",Fort Collins PURCHASE ORDER PO Number Page 9121755 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 03/22/2012 Vendor: 126722 Ship To: POUDRE FIRE AUTHORITY - AD WIRELESS ADVANCED COMMUNICATIONS 102 REMINGTON 3901 W SERVICE RD FORT COLLINS Colorado 80524 EVANS Colorado 80620 I- : `2b-;3b Delivery Date: 03/22/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Intercom Equip - Bat 1 veh Quote 221585 C3. O✓le�siQ� 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 Total Invoice Address: $6,908.66 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tanis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By matutc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04562. Federal Excise Tax Exemption Cenitieme of Registry F4-6000587 is registered .with the Collector of Intemal Revenue, Deaver, Colorado (Ref Colnmdo Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meetspecific tion. 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 inarectios, from the City urgent Collins. Inspection. GOODS arc sehimct to the City effort Collins inspection on arrival. 11. NONWAIVER, Failure Of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or arrow al ofthe design, shall not mlcase the Seller of any of the wam. mics Or obligations of this purchase order and shall not be deemed a waiver Of any right of the purchaser to insist upon strict performance hcrcofm any of its rights or remedies as to any such goods. regardless of, he. shipped, rcecivcol or accepted, as to any prior or subsequent default hereunder. no shall any purport oal modifiemion or rescission of this purchase under by the Purchaser operate as a waiver Of any of the terms hcrcnf. 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 and the Purchaser recognize that in actual economic practice, ovccharges resulting from sultana ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violatiotm are in fact borne by the Purchase, Theretofore, for good crust, and as eonsidcmtion for executing this purchase offer. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.A., City of Fort Collins. 70O ,food St.. Fan Collins. CO 80522. unless acquired ander federal Or state unionist laws for such overcharges relining to the panicular goods or services otherwise .specified on Ons 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 manufaemrcm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller In correct nonconforming 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 from Invoice when Purchnscr and the Seller and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments am made from Sreamr distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs as,Ocimcd with such work. Permits. Seller shall preurc at sellers sole east all accessary permits, cerifictes and licenses required by all ,applicable Inns, regulations, Ordinances and odes of the state, municipality, territory or political ctbdivi.sion where the work is performed, or required by tiny other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold ,he City of Fort Collins homeless fmm 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 requircments. Anthonzation. All panics to this contract agree that the representatives are. in fact bona fide and possess full and complete outhority to bind mid panics. LIMITATION Of TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplcmcatnry or addilinnal Rots and conditions annexed hcrcto Or incogmt reed herein by reference Any additionol Or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of -partial late deliveries, shall operate is a waiver ofthis pmvisinn. In the men, of any delay. the Purchasershatl have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. Hmsever, the Seller shall not be liable for damages as a result of delays due to ruses not reasonably foreseeable which arc beyond its raosonable contml and without its fault Of negligence. such acts ofGM, secs.fcivil m military authorities. governmental priorities, fines, strikes, flood, epidemics, nits or riots provided that notice of,hc conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fien received knowledge thereof. In the even, of any such delay, the date of delivery shall be extended for the period equal to ,he time actually lost by reason of the delay. 3. WARRANTY. The Seller winnot, that all good, articles, materials and work covered by this enter will conform with applicable dmwiogs, specifications, samples andfor other descriptions given. will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a .similar nature. The Seller agrees in hold the purchaser harmless from any loss. domain, or expense which the Purchaser, may suffer or incur an account of the Sellers breach of warranty. The Seller shall replace, repair or 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 preuribed by law or by the terms ofnny applicable wafam, provided by the Sel let eficr the date of acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting Imo imperfect or defective work done or materials famished by the Scllcr. Aecepmnce or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as other, is, provided in this purchase order, the Scl lers liability hereunder shall extend to all damages pmsimatcly caused by the breach of any of the foregoing warranties Or guarantees, but arch liability shall in no event include loss of profits or loss of use. NO INI PLI ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tens by wwitten change onict S. CHANGES IN COMMERCIAL TERN I S. The Purchaser may make any changes to the terms, other than legal terms, including add i,iom to or del ctions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the nmoamt due or the time of perfommnce hereunder. an equitable adjustment shall be made. fi. TERM [NATIONS. The Purchnscr may tit any time by written change order, termi nam this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics is to any work or materials then in progress pmvidcd that the Purchaser shall no 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 he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchnscr Or the Scllcr of any of their obligations as many grad delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he usserted within thirty (30) days from 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 gods are subject. The Seller shall execute and deliver such documents as may be required in effect Or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchnscr as a result of the Scllcrs failure to comply xvith such Inv. 9. ASSIGNMENT. Neithtt party shall assign, transfer. or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. IO.TITLE. The Seller warrants full, clear and muo,mriched title to the Purchaser far all equipment, materials, and items famished in perfommanec of this agreement, free and clear of any and all liens, restrictions reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net morn all liability and cla inns of any aahurc resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party rcicscrd and shall extend In the directors, aMccs and cruployccs of such party. The Seller's contractual obligations, including wmmtity, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Pumhase, 14. PATENTS. Whenever the Seller its required to use any design, device. material or process covered by lane, patent trademark or copyright, the Sellershall indemnify and save harmless the Purchaser from any and all claims for inriagemeal by reason of the use of such patented design, device, material or process in connection with the contmcr, 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 arm 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 ermmit ae infringement and the use of mid equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right in continue using s,aid equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. Is. GOVERNING LAN. The definitions Of terms used nr the interpretation ofthe agreement and the rights troll panics hereunder shall be constred under and governed by the laws 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 Scllcrs Repmsentn tivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Scllcr shall carry an said work of Seller's own risk until the mine is fully completed and accepted, and shall, in case Of any accident, destruction or injury to the work anchor materials before Scllers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials ,and equipment are nimjshed by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same it the site and become responsible therefor as though such materials 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 hcncfils. 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 laws of the state in which the work is to he than. The Seller shall also entry comprehensive general Iinhility including, but not limited to, contractual and automobile public liability insrunnct, with bodily injury and death limits or at least S300.000 for any one person, S50O.O 0 for any one accident and property damage limit per accident of S400,t100_ The Seller shall likewise require his contractors, if,any, to provide for such aonpensntion and insurance. Before any of the Sellers or his contractors employees shall do any weak "Pon the preinises artifices. the Seller shall furnish the Purchaser with a cenificatc that such compensation and mamiracc have been provided. Such eenificates shall specify the date when such conpensmina and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrccs fl ntsuch compensation and insurance shall be maintained until inner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resfa naibility and liability for any and all damage, loss or injury ofany kind r nature whatsoever to persons or pmpeny caused by or resulting form the execution ofthe work provided for in ,his purchase oiler or in connection hcrcwith. The Scllcr will indemnify and hold hint the Purchaser and any or all of the Purchasers offices, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or poi to which the Purchaser may be put or subject by reason ofnny net, action. neglect. omission or default on the pan ofthe Scllcr, any of his contractors. or tiny of the Scllcrs or contractors officers, agents on employees. In case any suit or other proceedings shall he brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume ,he defense thereof and to defend the come at the Scllcrs on expense, to pay any and all eests, charges, attorney, fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon Or Obtained against the pmpeny of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause ,he same In be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all mfety precautions furnish and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Ilcallh Act of 1970 and all mlcs and regulations issued pursuant therein. Revised 0312010