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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9123102City of art Collins PURCHASE ORDER PO Number Page 9123102 1of2 This number must appear 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: 2012A lease purchase Line Description Quantity UOM Unit Price Extended Ordered Price Patrol - 9 Chevrolet Caprices 1 LOT EA 100,863.00 Install police equipment Estimated amount - invoice only for actual costs 2 Investigations - Chevy Equinox 1 LOT EA 5,530.00 Install police equipment Replacement vehicle - estimated cost 3 Investigations - 5 cars 1 LOT EA 30,330.00 Install police equipment New officer vehicles - estimated cost 1 - Dodge Journey 1 - Chevy Equinox 1 - Ford Fusion hybrid 1 - Ford Fusion (non hybrid) 1 - Chevy Traverse Total $136,723.00 9ZL�J n� Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tnx exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVER. 99-64502. Fcdcral Excise Tax Exemption Certificate of Registry 94-N(R10597 is registered with the Collector of Failure of the Purchaser to insist upon strict performanec of the lens and conditions hcmof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Raised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by lase, failure to promptly notify the Seller in the event of A bma<h, the neccpL nee of or paymcm for good hercumler or Approval of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to nted specifications, either when shipped or due In defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be renamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof many of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped. received a, accepted, A, to any pner rr subsequent default hereunder, nor shall any purposed oral nrodificalmn or rc,6,,hrn of this purchase order by the Purchaser operate as a waiver of any of the Tcnns Inspection. GOODS are subject to the City of Port Collins inspection on arrival. hereof Final Acceptances, Reccipl of the merchandise, services or equipment in respense to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hmvcvcr, it is to be understood that FINAL Scllcr and the Parchnscr recognize that in Acnal economic pmeticc, overcharges resulling from maboast ACCEPTANCE is dependent upon completion ofall AFu imbue regnired inspection pmcedorcs, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assign, to the Purchaser any and all claims it may now have or hereincr Freight Tears. Shipments must be F.O.H.. City of Fort Collins, 700 Wood St.. Fort Collins, CO 9052_2. unless acquired under federal or ,state anlitmsl Imes for such overcharges relating to the Particular goods of services otherwise specified on this order. If Permission is given In prepay freight and charge separately, the original frcighl purchased or acquired by the Purchaser pursuant to this Purchase order. bill must accompany invoice Additional charges for packing will ant be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaemrers have distributing prints in various pans of the country, .shipment is If the Purchaser directs the Scllcr In correct nrnennf rating or defective good by a date to be agreccl upon by the expected fmm the neircm distribution point to destination, and excess freight will be deducted from Invoice ashen Panel and the Seiler, and the Scllcr thereafter indicates its inability or unwillingacc m comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expedhinns can, Available to it, and the Scllcr shall pay all costs Asaociatcd with such work. Permits, Scllcr shall pmeure at Scllcr, sale cost all Access.,, permits. ecni Bexley and lice... requimd by all Applicable laws. regulations. ordinances and rules of the state, municipality, territory or political subdivision where the ,role is perfomod, or rnprired by any other duly can aitued public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Farm Collins harmless form and against all liability and to„ incurred by them by reason often asserted or established %inlation of any such lasts, regulations, ordinances, rules nod requirements. Authnri.tinn. All panic, to this contract agree that the representati,cs are. in fact. bona fide and possess full :cod complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .stated herein set forth and any supplementary or additional tans and conditions annexed heron or incogmmred herein by reference. Any additioml or different tans 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 promised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated nn the purchase order and the documents attached hereto. No acts of the Purchasers including, without limindirn. acceptance ofpanial late deliveries, shall opcmtc ns a waiver of this prevision. In the event of any delay. the Pumhascr.shall have, in addition to other legal and equitable remedies, the option ofplacing this order cfaevlwrc and holding the Scllcr liable for damages. Hanover, the Scllcr shall not be liable for damages As a result of delays due to causes not reasonably foreseeable which no beyond its reasonable control and without its fault of negligence. .such act, of God, acts ofeivil or military authorities governmental prirritics. lines, strikes. Hood, epidemics, wars or rots provided that notice rf the conditions causing such delay is given to the Purchaser within Eye (5) days of the time when the Scllcr Post 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dnwings, specifications, samples and/or other descriptions given, will l% Pt for the purposes inlcadcd. and performed with the highest degree of care and competence in accordance with accepted standards far work of A similar nature. The Scllcr agrees to hold the purchaser hamdcs, favor any loss, damage or cxpcnsc which the Purchaser may sAfTer or incur on account of the Sellers breach of v.mnty. The Scllcr shall replace, repair or make good. without cost to the purchaser. any defects or faults rinsing within one (1) year onwithin such langet Period of time as may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Scllcr after the date of acceptance of the good., famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dine or materials famished by the Scllcr. Acceptance or use of good, by the Purchaser shall net constitute A wmivcr ofany claim under this wamnty. Except As otherwise pmvidcd in this purchase order. the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any of the foregoing eamnties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR h1 ERCI IA NTA BILITY OR OF FITNESS FOR PURPOSE SI IA Lt. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temw by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Pumhnscr may make any changes to the terns, other than legal temp, including addition, to 0o deletion, fun, the quantities originally ordered in the specitientinns or drawings, by cabal oo ,tine' change order. If any such change Affects the atom nt due or the time of performance hcocnndcr, in equilahle adjustment shall be made. 6. TERMINATIONS. The Pumhnscr may At any time by written change order, terminate this agreement as to any or all Portions of (lie goods then not shipped, subject to any equitable adjustment between the panics as to any work or macrials then in Progress pmvidcd that the Purchaser shall not he liable for Any claims For anticipated profits on the uncompleted portion o(Ihe good And/or work, for incidental or consequential damages. and that no such adjustment he made in favor of the Scllcr with respect to any goods which arc the Scllcrs standard stock. No such tcmination shall repac the Purchaser e, the Seller of any of their obligation., as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmuint must be asserted within thirty (301 days fmm the date the change or teminalinn is ordered. S. COMPLIANCE WITH LAW. The Scllcr wamnts that all good sold hereunder shall have been pmduccd, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents is may be required to cRect or evidence compliance. All laws and regulations required to be incerpanced in agreements of this character are hereby incorporated herein by This reference The Seller agrees to indemnify And hold the Purchaser ham less from all costs and damages suffered by the Purchaser 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 party, 10. TITLE. The Seiler warrants fall, clear and unrestricted title to the Purchaser forall equipment, materials. And items furnished in perfam once 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 contmdom of any tier from all liability and claims of any Amrve resulting farm the performance 61'such work. This release shall apply even in the event of fault of negligence of the pax rcica,ed and shall extend to the directors, ofrecos and entployce,c of such party. The Seller's contractual obligations. including w irnnuy, shell not be deemed to be reduced, in any way, because such work is performcd m caused to he pcdnrnred by the Purchaser. 14. PATENTS. Wlwuc,cr the Scllcr is required to use any design, device. material of process covered by letter, proem. IradernA6 or copyright, the Seller shall indemnify and save harmless the Purchaser from any and nil 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 no damage which it may be obliged to pay by reason of arch infringement at any time during the prosecution or a0er the completion of the work. In case said equipment, of any part Thereof or the intended use of the good. is in such snit held to constitute infringement and the use of said equipment er pan is enjoined, the Scllcr shall, at its own aperts, and at its option, either pmeum for the Purchaser the right to continue using said equipment or part.,, replace the same ,with .substantially equal but unninfringing equipment, or modify it so it becomes nrnin(ringing. 15. INSOLVENCY. If the Seller shall bcemne insolvent or bankrupt, make An assignment for the harefit of creditors, appoint a receiver or tmstce for any of the Set lets property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions of tern road or the Atcgrretaimr of the ag cement and the rights of all parties hereunder shall be conomed under And governed by the Imes of the Stnm ol'Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcr Representntivc s). un the prcm iscs of others 17. SELLERS RESPONSIBILITY. The Seller shall cry on said work at Seller's own risk Limit the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the avmk and/or materials before Sellers Oral completion and acceptance. complete the work at Sellers own cxpcnsc and In the satisfaction ofthe Pumhaser. When materials and equipment arc furnished by others for insmllatinn or erection by the Scllcr, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such material, andfnr equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Scllcr shall. at his own cxpcnsc, provide for the payment of workers compcnsatina. including occupational disease benefits, to its employees employed an 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 done. The .Scllcr shall also carry comprehensive general liability including, bill not limited tn. contmemol and automobile public liability inuuince with bodily injury and death lint it, of at least 5300.000 for any one person, 5500.000 for any are accident and property damage limit per Aceidcm of 5400,000. The Scllcr shall likewise require his contractors, it any, toprovide for such compensation and insurance. Before any of the Scllcr m his eanoaclers cmpinyacs shall do Any work .pun the prrnrises of olhcrs. the Scllcr shall furnish the Purchaser with n certificate that such compensation and insurance have been provided. Such casificate, shall specify the date when act, compensation and insurance have been provided. Such Bert i 0erre, shall specity the date when ,ugh crmpan,aliar And inmmince expires, The Scllcr agrees that such compensation and insurance shall be maintained until after the smite work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby Asamms the entire responsibility and liability for Any and all damage loss or injury ofmry kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution ofthe work, pmvidcd Eno in this purchase Omer or in cnnneetim herevith. The Scllcr will indemnify and held harmless the Purchaser and any or All of the Pumhaser, officers, agcros and employees form and against any and all claims, losses damage. charges or expenses. whether direct or indirect, And whether m persons or pmpenv to which the Pumhnscr may be put or sabicct by reason of any net action, neglect omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In ease any suit or other pmcccdings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Scllcr of any of his contractors or nnv of its or their officers. agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense lhereof And to defend the same ;it the Sellers own expense, to pay ,try And all costa. charges, attomcys fees and other expenses, Any and ill judgments that may be incurred by or obained against the Purchaser or any of its on their nnicem. ,agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed tgmn or obtained Against the prepcny of rlhe Purchaser, or said parties in or as a result of such suits or other prncccdings. the Scllcr will At once cause the same to be dissolved and discharged by giving bond or otherwise. The SeRcrsnd his contractors shall take all safety precautions furnish and install all guards necessary fnr the prevention of ,accidents, comply with All laws and regulations with regard to safety including. hilt without lion itnliou. tire Occupational Safety and Health Act of 1970 and all nrles and regalations issued pursuant thereon. Rcvi,wd 03/2010