HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9121752PURCHASE ORDER PO Number Page
City OfCollins
��� 9121752 ' of z
`t COI` lI ns 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
Delivery Date: 03/22/2012 Buyer: JAMES HUME
Note:
Line Description QuantitY, UOM Unit Price Extended
Order d Price
Station 1 alerting system 1 OT LS 28,153.31
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 $28,153.31
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tomas and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Ccnifiewc of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver. Colnmdo (Ref. Colorado Revised Statutes 1973. Chapter 39--26, 114 (a).
Goods Rejected. GOODS RFJEC TED due to failure to meet specifications, either when shipped or doe to defects of
damage in transit. may he rearmed to you for credit and am not to be replaced except open receipt of written
instruction, from the City of Fen Collins.
Inspection. GOODS arc subject to the City of Fen Collins inspection on arrive
11. NONWAIVER.
Failure of the Purchaser to insist open strict Performance of the terms and conditions hereof. failure or delay to
exercise any rights or remedies pmvidcd herein or by Irv, failure to promptly notify the Seiler in the event of a
French. the acceptance efor payment for goods hereunder or approval of the design. shall not release the Seiler of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the
purchaser to insist upon strict performance hereofnr any of its rights or remedies as to an such grads, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parpur ed
on] modification or rc.i„inn of this purchase order by the Purchaser operate as a waiver of any of the tames
heeof.
Final Acceptance. Receipt of the merchandise, services or equipment in respnrtc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fen Collins, However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. nvcmhargcs resulting firm antitrust
ACCEPTANCE is dependent neon eenmpletion oral/ applicable rcgnircd inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good crass, 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 must be F.O.B„ City of Fen Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state anfitmst laws for such overcharges relating to the paniadnr goods or cervices
othenvisa specified on this order. If permission is given to prepay freight and charge sepnmtcly, the original freight purchased or acquired by the Pnrehascr pursuant In this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufiemren have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected form the nearest distribution point to destination, and excess freight will be deducted from invoice when Pumha,cr and the Seller, and the Seiler thereafter indicates its inability or unwillingncs to comply. the Purchaser
shipments arc made From greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such wink.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where
the work is performed, or required by tiny other duly constituted public authority having jurisdiction over the work
of vendor. Seller febcr agrees to hold the City of Fen Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulatinns, ordinances roles
and requirements.
Authorization. All panics to this contract agree that the representatives 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 tcmrs and conditions stated
herein set forth and any .serplcmcnmry or additional terse, and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected m and hereby miled'd.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately ifyno cannot make complete ship nrcor 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 herein. No acts of the Purchasers including, without
limitation, acceptance of peninl late deliveries, shall operate as a ,,river of this provision. In the event of any delay,
the Purchaser shall hive, in addition to ether legal and equitable remedies, the option ofpheing this order elsewhere
and holding the Scllcr liable for dntagcs. I lowe%cr, the Seller shall not he liable for damages as a result of delays
due to causes not reasonably foreseeable which arc heyond its reasonable control nail withonn its fault of negligence
such acts of God. acts ofeivil or military authorities, governmental priorities, fires, strikes Bond, epidemics, wars or
rims provided that notice of the conditions causing such dclav 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 Seiler warrants that all goods. articles, materials and work cover tl by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the proposes intended. and
pafnmeed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature The Seller agrees to hold the purchaser harmless fmm any less, damage or expense which the
Purchaser may stiffer or incur on account of the Sellers breach of wa ormy. The Seller shall replace, repair or make
good, without cost to the purchaser. any defects or faults arising within one (D year or within such longer period of
time as may be prescribed by law or by the temu of any applicable ormanty, provided by the Seller after the date of
acceptance of the goods fumishcd hereunder (acceptance not to he unreasonably delayed), resulting Form imperfect
or defective work done or materials famished by the Seiler. Acceptance or use of goad by the Purchascr shall not
constitute a waiver of.ey claim under this warnnty. Except as other,is. provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach Plans, of the foregoing wam ntics
nr guarantees. but arch liability shall in no went include loss of pmft, for Ins of usc. NO IMPLIED WARRANTY
OR NIERCHAN (ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser may make changes to legal tcmw by written change ender.
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal more, including additions to or deletions firm
the quantities originally ordered in the specification or drawings, by verbal or educe change order. If any such
change affects the amount due or the time ofperfonnznce hneunder. an equitable adjewtmcat shall be made.
fi. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as in any or all portions of the
goods then not shipped, subject to any equitable adjustment betxrcen the parties as to any work or materials then in
progme, provided that the Purchaser shall not be liable for any claims far anticipated profits tin the uncompleted
portion of fhc goods and/or work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with ...Feet loony 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 goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days From the date the change or Icmrination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller screams 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 decumenis as may he required to effect or evidence compliance, All laws and regulations required to be
inen.perand in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser homeless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
q. ASSIGNMENT.
Neither party shall assign, transfer, or convey this enter, many nannies due or he become due hcrcundcr without the
prior written consent of the other party.
10. TITLE.
The Seller worms ful1. clear nod unrestricicd title to the Purchaser for all equipment. materials, and items furnished
in performance of this agreement. free and clear of any and nil liens. restrictions reservations, secomy interest
encembnuccs and claim, of ethers.
The Seller shall rel... c the Purthaser and its eomlneters of any lice front all liability and claims of any nature
resulting form the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
directors. officers and cntployccs of such party.
The Seller'., cnntrzctunl obligatinns. including seem, fly. shall not be deemed to he reduecel. in any way, because
such work is performed or caused to be performed by the Pamhoser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by harder. patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purclmser fmm any and all claims for infringement
by reason of the use of such patented design, dcvicc, material or process in eonneetinn with the contract, and
shall indemnify the Purchascr fat any cost. expense no damage which it may be obliged to pay by reason ofsuch
infringement at any time during the pmscation or aver the completion of the work. In case said equipment. or
any part thereof or the intended use of the goods, is in such suit held to consulate infringement and he use of
said equipment or pen is enjoined. the Seller shall, at its oven expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the sure with substantially equal but
nnninfringing equipment. or modify it sea it becomes nnninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an msignmeni for the benefit of creditors, appoint a
receiver or novice for any of the Sellers Voracity or business, this order may forthwith he canceled by the
Purchaser without liability,
16. GOVERNING LAW.
The definitions officious used or the macrpretaline ofthe agreement and the rights ofall panics hereunder shall be
constoed under and gewcmcd by the lases of the State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder.
including the servniccs of Scllcr, Rcprcscnhative(s), on the premises ofethers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shalL
in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Scllefs own cxpcnsc and to the voids( ttion of the Purchaser. When materials
and equipment arc famished by others for installation or emetion by the Seller, the Seiler 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 Seller under the order.
IS. INSURANCE.
The Seller shall. at his own empensc. pmvidc for the payment of worker, compensation, including neeupatiomal
disease benefits, to its employees emplused 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 be done. The Seller
shall also carry comprehensive general liability including, but not limited In, contractual and automobile Public
liability insurance with bodily injury and death limits of tit least S300.0,M) for any one person. S500.000 for any
one accident and pmperry damage limit per accident of S400.000. The Seiler shall likewise require his
contractors. if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors
emPtoyce, shall de any work upon the premise, of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been Provided, Such certificates shall specify the date when such
eo ircnsalion and insurance have been provided. Such eertifientes shall specify the date when such compensation
.ad insurance expires, The Seller agrees that such compensa us, and insurance shall he maintained until It,, 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. Ins or injury of ony kind
or nature what Dever to persons ear Property cmtsal by or resulting from the execution of the work provided for in
this purchase order or in eonneetinn herewith. The Seller will indemnify ad hold harenles the Purchascr send any
of all of the Purchasers officers. agents and employees from and against any and all claims. Insses, damages.
charges or expenses, whether direct or indirect, and whether to persons or property In which the Purchaser may
be pat or snhject by reason of any act, action, neglect emission or default on the part of the Scllcr, any of his
contractors, or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other
proceedings shall be brought against the Purchascr, or its officers. agents or employees at any firm 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 the defense fl crenf and to
defend the snore at life Scllcrs own expense, to pay any and till costs, ehnrges, attomcys fees and other expenses.
any and all judgrocat.s that may be incurred by or obtained against the Purchaser or any of it% or their oRcers,
agents or employees in such suits or other pmcecdings, and in case judgment or other lien be placed upon or
obtained against the property of life Purchaser, ear said parties in or as a result ofsuch suits nr other proceedings,
the Scllcr will at once cause the same in he dissolved and discharged by giving bond or otbcnvisc. The Seller and
his eennacors shall take all safety precautinns, 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 Hcelth Act of 1970 and all rules and regulation, issued pursuant thercm.
Revised 03/2010