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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9121753PURCHASE ORDER PO Number Page City Of///��� 9121753 ' of z `t Collins This number must appear , 1 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 N ote Line Description Quantity UOM Unit Price Extended Ordered Price Radio Service & Maint 2012 1 LOT LS 30,228.00 Contract #9 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 $30,228.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt fmm store and local taxes. Our Exemption Number is 98-f14502. Federal Excise Tax Exemption Ccvificatc of Registry 84-6000597 is registered with the Collector of Internal Revenue Denver. Colorado (Ref Colorado Revised Stators 1973. Chapter 39-26. 114 (r). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of damage in transit, may be rcmmcd to you for credit and arc not to be replaced except upon receipt of written inslrnctions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fart Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict per(nrtan ce ofthe rants and cmulitions hereof failure or delay to exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hcrcnndcr orapproval ofthe design, shall not release the Scllcr of any of the mammies or obligation, trims purchasc order and shall not be deemed a wnivcr of any right ofthe purchaser to insist upon strict performanec hcomfor any of il, rights or remedies as to any such goods, regnrdlcss of when shipped, received or accepted, as to any prim or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase onlcr by the Purchaser operate as a wnivcr of any of the term hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAINIS. authorized payment on the part of the City of Eon Collins. However. it is to be unlm.tond that FINAL Seller and the Purchnscr recognize that in actual economic practice. overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion nfall applicable required inspection pmcednres. violations are in fact borne by the Purchnscr. Theretofore, For good cause and as consideration fur cxecaling This purchase Order, the Seller hereby assigns to the Purchaser any and all claims it cony now have or hereafter Freight Terms, Shipments most be F.O.B.. City of Fort Collins. 7M Wood St.. Fort Collins. CO 90522. unless required tinder fedeml or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemissien is given to prepay freight and charge seprovely, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany in, nice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varieas parts of the country, shipment is If the Purchaser directs the Scllcr to correct nnnconfoming or defective grouts by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted front limoice when Purchaser and the Scllcr,and the Seller thereafter indicates its inability er unwillingness to comply, the Purchnscr shipments are made from greater distance. may cause the work to be perforated by the most expeditions means available In it, and the Seller shall pay nil costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state. municipality. territory or political sublivisinn 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 form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Aoll orication. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete antherity to bind slid parties [LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any sordsmenery or additional secs and conditions annexed herdo or mcogromted herein by reference. Any additional or different teats and conditions pmpo ad by seller arc objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyon cannot mike complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Deliver' and performance must he effected within the time stated on the purchasc order and the documents attached hereto. No acts of the Purchasers including, wilhnut limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event Many delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere wad holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due in causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gel, acts curried or military authorities. governmental priorirics, fires. strikes. Rood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions 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 nature. The Seller agrees to hold the purchaser harmless 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 or make good, without east to the purchaser, any defects on faults arising within one (1) wear or wilhin such longer period of time as mere be prescribed by Inver by the tells crony applicable wamnry provided by the Scllcr after the date of acceptance of the emds famished hereunder (acccptancc 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 Purchaser shall not constitute a waiver of any claim under this warranty. Except as othenwise provided in th is pnrchnxe order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony Mthe foregoing wrmntics or guarantees, but .such liability .shall in no event include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hems. other than legal tans, including additions to or deletions Form the quantities origintdly ordered in the specifications or dram irgs, by verbal o Tittcn change order. If any such change affects the amount due err the time ofperfem ric, 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 potions of the good then not shipped, subject to any equitable adustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or conmqucntial damages, and that no such aoljustmcnl be made in favor of the Seller with respect to any good which arc the Sellers standard stock. len such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hernmder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days them the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller womms that all grads add hereunder shall have been produced, slid, delivered and famished 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 he required to effect or evidence compliance. All lows and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser henNec fmm all costs and damages suffered by the Pureh:acr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither 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 parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser total) equipment, materials, and items famished in Performance 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 is contractors of any for fmm nil liability and claims of any nature resulting front the perfnmrancc of, ch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofecesand employees Msuch party. The Scllcr's contractual obligations, including occur my, shall not be deemed to he reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to uac any design, device, material or pmccss covered by letter, patent. trademark or copyright, the Scllcr shall iadcmnifv and save harmless the Purchaser fmm any and all claims for infringement by rcason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchnscr for any cost. expense or damage which it may be obliged to pay by reason nfsueh infringement at any time during the pmsccution or after the completion of the work. In case said equipment or any part thereof er the intended use critic goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense anti at its option. cithm pmcurc for the Pnrcho.scr the right to continue using said equipment or parts, replace the same with substantially equal but maunfringing 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 creclimm. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agog meal and the rights of all parties hereunder shall be construed under and governed by'the laws of the State of CrImadr. USA. The following Additional Conditions apply only in cases where the Seller is to reticent work hereunder. including the services of Sellers Represcntative(s), on the premises nfethcm. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said work at Seller', own risk until the srme 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 acccptancc, complete the work tit Scllcrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive. unload, store and handle Same at the site and become responsible Ihciefor as though such materials and/or equipment were being furnished by'the Seller under the order. I A. I NSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oeeup ommal disease benefits. m its employees employed no or in connection with the work covered by this purchase order. and/or to their dependents in aceurdanec with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcmh limits oral least SaOQmin for any one permn. SSOgcoO for any one accident and property damage limit per accident of S400,000. The Seller Shall likewise require his contractors. irony. to provide for such compermtien and instances. Hcfore any of the Sellers or his contractors employees shall do any work upon the premises trotters. the Seller shall furnish the Purchaser with a ecrtificatc that such compensation and insurance hive been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date ohm such compensation and insurance expires. The Seller agrees that such compensation and insmmmec shall be maintained until after the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hcrcby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature vchatsrcvc, to persons or properly caused by err resulting Form the execution ofthe work pmvidcd for in this purchasc order on in connection herewith. The Scllcr will indcamifv nod hold hamdess the Purchnscr and any or all of the Purchasers effects. agents and employees Form and against tiny and all claims. Irssex, damages, charges or expenses. whether direct or indirect, and whether to persrns or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors often, agents or employees. In ease any suit or other proceedings shall be 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 ofears. agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges attorneys fees and other cspcmcs. 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 suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the prop",, critic Purchaser, or Said panics in at as a result of such suits or other proceedings. the Scllcr will at once cause line me to be dissolved and discharged by giving bond cr otherwise. The Seller and his contractors shall take all safety precautions furnish and install till guards neccimry for the prevention of accidents. comply with all Imes and regulations with regard to Safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto, Rcviscd 0312010