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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9123104City Of PURCHASE ORDER PO Number I Page 9123104 1 1 of 2 F6r} COI I I ns This number must appear " �7 on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 126722 Ship To: FLEET SERVICES - MAIN SHOP WIRELESS ADVANCED COMMUNICATIONS CITY OF FORT COLLINS 3901 W SERVICE RD 835 WOOD ST EVANS Colorado 80620 FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: JAMES HUME Note: 2011B lease purchase Line Description Quantity Ordered UOM Unit Price Extended Price Patrol - replacement vehicles 1 LOT EA 40,015.00 install police equipment Equipment for five replacement Caprices and one Tahoe. Estimated amount -- invoice for actual costs 2 Patrol - New officer vehicles 1 LOT EA 37,720.24 install police equipment for five Caprices. Estimated amount. Total $77,735.24 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 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 from state and local taxes.0ur Exemption Number is I L NONWAIVER. 98-0W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Parchascr to insist upon strict pafommnce of the terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein Or by law, failure to promptly notify the Scller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of any Of the w:r mnnies or obligations of this purchase order and shall not be deemed a wniver of any right of the damage 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 performance hererforany of its rights or remedies as to any such goods. regardless instructions from the City of Fort Collins. of w'Isn shipped, rviceivcd or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral nudi location or mocisninn of this purchase order by the Purchaser operate as a wniver of any of the terms Inspection. 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 wader can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seiler and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchaser. Theretofore. for guwd cause 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 Tcrms. Shipments must be F.O.B.. City of Fan Collins, 700 Woad St.. Fort Collins, CO 80522. unless acquired tinder fcdeml Or state antitrust laws far such overcharges relating to the Particular goods or services otherwise specified oa this order. If Permission is Siten to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser forma am to this purchase order. hill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance W'hcrc manufacnucrs have distributing points in various pans of the country. shipment is expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice %vhcn shipments arc made from greater distance. 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 any other duly constituted public authority, having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and agninst all liability and loss incurred by them by reason of an asened or established violation of any such laws, regulations, ordinances. roles and requirements. Authorimtion. All parties to this contract agree that the representatives arc. in fact, bona fide and passes full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits neeeptonec to the terms and conditions stated herein at forth and any supplementary or additional reran and conditions annexed heron or incotpemted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers inchd ing, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this pmvision, In the event of any delay. the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. Hmrcvcr. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such acts of Gad, actsofcivil or militaryand critics. gruvemm,nml pnnnties. fires. strikes, Bard, epidemics. wars er riots pmvided that notice ofthe conditions causing such delay is given to the Purchnser within five (5) days ofthe time when the Seller first rcmived knowledge thereof. In the event ofany arch delay, the date of delivery shall be extended for the period equal to the time actually lost by reactant of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this enter will conform with applicable dmwanga, specifications. ,samples and/Or other descriptions given, will be In for the purposes intended, and perfanuM 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 parehnacr hamilcss from tiny less, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of wam, nty. The Scller shall replace, repair or make grad, without cost to the purchaser. any defects of faults arising within one (U year or within such longer period of time as may be prescribed by Inv or by the terms nfngv applicable wrommy provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance 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 Pureh our shall not constitute a waiver ofany claim under this warm my. Except as otherwise pmvided in this purchase order, the Seller, liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wamatics or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written chance order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal tents, including addifimts to or deletions from 0u, mauritic, nri,mally ordered in the specifications or drawings, by vcrbnl or written charge rwdc . If any such change affects the amount due or the time nfpeaformnnce hercunda, an equitable adjustment shall he 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 bmwcur the panics as to any work or material then in progres provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Shca with respect to any goods which arc the Sellers; standard stock. No arch mot aination shall relieve the Purchaser or the Seiler ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or communion is nnlcrcd. R. COMPLIANCE WITH LAW, The Seiler variants 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 documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamlcs from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign. tranafcr. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TIT LE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, scanty interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLr;RS OBLIGATIONS. Hthe Parchascr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Scller thereafter indicates its inability or unwillingness to comply, the Parchascr may cause the work to be perfomed by the most expeditimts means available to it, and the Seller shall pay all costs asociated with such work. The Seller shrill release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance of Bach work. This please shall apply even in the event of fault of negligence of the party released and shall extend to the dircemm, officers and employees of such party'. The Seller's contractual obligations. including wamnty, shall not be dcemed to be mduced, in any way. because such work is performed ar caused m be performed by the Parchascr. 14. PATENTS. Whenever the Seller is required to nec any design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or shortage which it may be obliged to pay by reason ofsuch infringement it any time during the prosecution or alter 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 constitute infringement and the use of said 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 some with substantially equal but naninfringing equipment, or modify it sr, it hceames nnninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent Or hart aufa, make an assignment for the brnerit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchascr without liability. Ib. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofa11 panics hereunder shall be constunl under and governed by the laws ofthc State of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is to perfrrm work hereunder. including the services of Sellers Representative(s), on the premises of others. 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 Sellers no expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the sit, and become responsible therefor as though such materials and/or equipment were being furnished by the Scller nnda the wider. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with the work entered by this purchase order. and/or to their dependents in accordance with the lava of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public tinhility irourancc with beauty injury and death limits of tit least S300,000 for any ooe person, 5500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if ray, to provide for such compensation and insurance. Before any ofthe Scllcrs or his contractors employees shall dw any work upon the premises of others, the Seller shall furnish the Parchascr with a eenificate that such compensation and insurance have been pmvided. Such eertificates shall specify the date when such compensation and insumnce hayc been pmvided. Such ccrtifiwtes 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 assumes the entire respansibility and liability for any and .all damage. loss Or injury ofany kind or nature whatsnetcr to persons or pmpeny caused by or resulting from the execution ofthe work pmvidM for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers o0ieers. agents and employees fmnt and against any sad .,It dainty, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be pun or subject by reason of any act, action, neglect, omission or default or) the Part ollhe Scller, any of his contractors. or any of the Scllcrs or contractors officers, agents at employees. In case any suit or other prrecedfngs shall be brought against the Purchaser, Or its officers, agents or employees at any time on account or by ream 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 thereof and to defend the some at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses. any and all judgments that may be inconed 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 be placed upon or obtained against the pmperty of th, Purchaser, or said panics in or as a result of inch suits or other proceedings. the Seiler will at once cause the same to be dissolved wad discharged by giving bond or mhcnvise. The Seller and his contractors shall take all safety prccautione. 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 Su Ely and Health Act of 1970 and all rules and regulations issued pursuant Rococo. Raised 03/2010