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Home My WebLink About126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9122746PURCHASE ORDER PO Number Page City Of9122746 ' of z Collins This number must appear F6r} C ,�_J`-' ` on all invoices, packing slips and labels. Date: 05/14/2012 Vendor: 126722 Ship To: WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS Colorado 80620 OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/14/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Install equipment in #11114 1 LOT LS 8,599.31 Inv#217594 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 $8.599.31 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fen Collins is c tempt from gate and local faze. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal E, woe Tax Exemption Certificate of Registry 84-6000587 is rcgiacrcd with the Collector of Frilure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Rcvised Statutes 1973. Chapter39-2fi, 114 (a), exercise any right, or remedies provided herein or by law, failure to promptly notify the Scller in the went of a breach, the acceptance ofor payment for goods hcrctmder or approval ohhe design, shall net ole... the Scller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dacet, of Inv of file wamnties or nhligntions of this purchase order and shall not be dcenwd a waiver of any right of the damnec in transit. may be returned to you for credit and are not to be replaced except upon receipt of .written purchaser to insist upon strict perfomaance bercofor any of its rights or remedies as to any such goods, regardless instructions Farm the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pngrmted end modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the octal, Inspection. GOODS ore subject to the Citv of Fort Collins inspection carnival. hereof Final Acceptance. Receipt of the n.cneli ndiso, 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 Fen Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resiilting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore. for good cause and as consideration for ,weeding this purchase order, the Seiler hereby assigns to the Parehascr any and ill claims it ttmv now have or hercn0cr Freight Temps- Shipments must be F.O.B.. City of Fen Collins, 700 Wool St.. Fort Collins, CO 80522, unless required under federal or stale rntimtst Imes for such overcharges relating to the patiadnr goods or services otherwise specified on this order. If permission is given to prepay freight and chmgc separately, the original freight parclm,ccd or acquired by the Purchaser pursuant to this purchase ordcr, bill must accompany im•nice. Additional charges for packing will not be accepted. Shipment Distance. Where camufnch rcm have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments me made from greater distance. Peons. Seller shall procure at sellers sole cost all necessary Pemit,, ecrtificales and licenses required by ,IT applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where The work is Performed. ar required by any other duly constituted public mdherioy having jurisdiction over the work of vendor. Seller further agrees to held the City of Fen Collins harmless from and igainet all Iiahiliy and loss incurred by them by reason of an asserted or established violation of any such [aws, rcgrdations, onlirrnces, odes and requirement. Amhormi ion. All panics to this concoct agree that the representatives are. in fact. bona fde and poc ess fill] and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order exprcssly limits acceptance to the tern,, and conditions stated herein set both and any supplcmctumn, or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyon cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eRected Mahan the time stated on the purchase order and the doonants attached hereto. No acts of the Pnrchacr, including, without limitation, acceptance of portal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order clsnwbcre and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dclrys due to close, ram reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military rvhontics. gnvemmental priorities, fires. strikes, flood, cedendes, wars or riots provided that notice of the conditions causing such delay is given to the Parchr... within five (5) days ofthe time when The Seller first received knowledge thereof In the event of any ,such delay, the date of dcltvcry ,droll be extended for the period equal to the time actually lost by reason of the delay. 1. WARRANTY. The Seller warrants that all goods, articles, materials and work exerel by this order will conform with applicable drawings, specificatinns..sample, and/or other descriptions given, will he fit for the purposes intended, and perfomned 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, danacgc or expense which the Purchaser may suffer or incur on account of t,c Sellers breach of wamnty. The Seller shall replace, repair or make good. n'ithent cost to The purchaser, any defects or faults arising within one (1) year or within such longer period of time is may be prescribed by law or by the terms ninny rpplicaMe warranty provided by fine Seller ,net the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not canstitute a waiver, ofany claim under this warn nry. Except us niff,r se provided in this purchase order, The Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of anv of the foregoing corm sties or guarantees, but such liability shall in no event include less nfprofits or loss of ass. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chances to kcal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than Iegil tams, including additions to or deletion, front the quantities originally ordered is the specifications or drawings. by verbal or .arisen change order. If any such change affects the amount doe or the time of aerformance hereunder. an equitable adjamraacut shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or nrtcrialx then it, pmgresc provided that the Purchase, shall out 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 Sella with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods deljvcred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thin' (30) days from the date the change ar termination is ordered. S. COMPLIANCE \PITH LAW. The Seller wamnty 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 exeente and deliver such documents is may be required to effect or evidence compliance. All lams and regulations required to be Incorporated in agreements of this chi meter arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Parchacr harmless form all costs and damages suffered by the Purchaser as a result of file Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or emvev this once or any ninnies doe m m become duc hercunder without the prior written consent ofthe other party_ 10. TITLE. The Seller waoumx full. clear rota unrestricted title to the Purchaser for all equipment. annelid , and items furnished in perfomanee of this agreement, free and clear of any and all liens, resrcictions, re"r,ruens, security interest encumbrances and claims of mhos. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. If the Purchaser directs the Seller Incorrect nonconforming or defective god by a dare to be agreed upon by the Pureh,ascr and the Scller, mad the Seller Iherea0er indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the mom cspcditions means available to if, and the Scller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors army tier from all liability and claims of any culture resulting from the perfnmanec of such work. This release shall cpply even in file event of fault of negligence of (lie party released and shall extend to The directors, officers and employees ofsneh party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced. in any .way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 'Alonever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scller shall indemnify and save harmless the Purchaser from any and rll claims for infringement by reason of the use of such pleated design, device, material or process in connection with the contract, and ,shall indemnify the Purchaser for any cost expense or damage which it rare be obliged to pay by reason of sigh infringement at any tittle during the prosecution or ater the completion of the work. In case said cquipmcna, or any part thereof or the intended u,m of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its man expanse and at its option, either procure for the Purchaser the right to continue acing said equipment or pans, replace file same with suhstanti lly equal but noninfonging cquipnannl, or modify it so it becomes noninfringhm. 15. INSOLVENCY. If the Seller shall become insolvent or hankrum. make an assignment for the benefit of creditors, appoint a receiver car trustee for any of the Sellers property or hinuess, this order may forthwith he canceled by the Prpcbacr without Iiahiliry. liv GOVERNING LAW. The definitions often... used or the interpretation ofthc agreement and the rights of ill parties hereunder shall be consfined a nder and governed by the Imes of the State of Colondo, USA. The following Additional Conilicns apply only in uses where the Seller is to perfom work hereunder. including the services of Scllcrs Representative(sk on the premises of others_ 17. SELLERS RESPONSIBILITY. The Seller shall carry an said wok at Seller's oar risk until the same is fully coin pleted and accepted. and sha11. in ease of any accident destruction or injury to the work and/or materials before Seller's Finn] completion and accept acc, complete the work at Seller's own expense and to The sal is faction of the purchaser. When ma feria is and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same rat the site and become responsible therefor as though such nmtcrials and/or equipment were bring furnished by the Seller tinder the order, 19. INSURANCE. The Seller shall, it his own expense, provide for the payment of workers compensation. including occupational disease bencrits, to its employees crap]oycd no or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imv, of the state in which the work is to be done. The Seller shall also cony comprehensive general liability including. but not limited to, contractual and automobile public liahtlity insurance with hold, run, and death limits of at Icast S300,000 for any one person. S500.000 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 any of the Sellers or his contractors employees shall do any work upon the rwroc,s ofothers, the Scller shall famish the Parcheser.vith a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have heel provided. Such certifcates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby o,cnacs the entire ne,pnnsibility and liability for any and all damage. In„ or injury orally kind or onion, whatsoever to persons or properly cooed by or resulting from The exception ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harndcss The Purchaser and rav or all of the Purchasers officers, ogres and emplovees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect. and whether In persons or property to relic, file Patellas,, may be put or subject by reason of any act action, neglect. omission or default on the pot of the Scller, any of his contractors. an any of the Sellers or contractors officers, agents or employees In case any snit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of cony act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their olfiars, agents or eat ployres as aforesaid. the Seller hereby agrees to a,,,unae the defense thereof and to debt the same at de Sellers non expense. to pay any and all cogs, charge•,, allomevs fees and other expenses, any and ,IT judgment, that mmy 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 ease judgment or other lien he placed upon or obtained against the property ofthe Purchaer, or said parties in or as a result ofamh suits or other proceedings, the Seller will of once cause The same to he dissnked and discharged by giving bond or orhenaise_ The Seller and his contractors ,shall take all safety precautions, furnish and install all Curtis necessary, for the prcvcntion of ,accidents. comply with all Ira,s and regulations with regard to ,safety including, but without limitaion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pollutant thereto. Revised 03/2010