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HomeMy WebLinkAbout471061 PCS MOBILE - PURCHASE ORDER - 9123218PURCHASE ORDER PO Number Page City Of 9123218 ' of s ' 6rt Collinshis number must appear , 1�7 on all invoices, packing slips and labels. Date: 06/05/2012 Vendor: 471061 Ship To: POUDRE FIRE AUTHORITY - AD PCS MOBILE 102 REMINGTON CORPORATE HEADQUARTERS FORT COLLINS Colorado 80524 1200 W MISSISSIPPI AVE DENVER Colorado 80223 Delivery Date: 06/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Mobile Data Terminal 1 LOT LS 4,330.00 En 29 2 Mobile Data Terminal 1 LOT LS 4,330.00 ISO Total $8,660.00 U 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAWER. 98-04502. Federal Excise Tox Exemption Certificate of Registry 94.6000597 is registered with the Collector of Ridare of the Pumbaser to insist upon strict performance of the terms and conditions hereof, failure or delay In Internal Rcycnuc, Denvcr. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 of CxerelSe any rights or remedies provided hcrcin or by law, failure to pmmptly notify the Scllcr in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Gaods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the war noes or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he remmcd to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to anv such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall Any Purpnned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rcupone to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the an of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of A11 applicable required inspection pmcedares, violations are in fact bnmc by the Purchaser. Theretofore. for good 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 hercz Rcr Freight Terms. Shipments must be F.O.H., City of Pon Collins, 70() Wood St., Fort Collins, CO 90522, unless acquired Linder federal or state antitrust laws for such overcharges relating to the particular goods or urviccs othcnvisc specified on this order. If pcmmission is given to prepay freight and charge mparatcly, the original freight puuchnscd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu Gemrcrs have distributing proms in arime; parts of the country. shipment is Ifthe Purchaser camels the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest disMbution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made From greater distance. may cause the work to be Performed by the most expeditious means mailable to it, and the Scllcr shall pry all costs associamd with such work. PcmmiL. Seller shall procure at sellers sale cost all necessary permits, ccnificatcs and licenses required by all applicable laws, regulations. ordinances and mles of the state, mnnieipaliN. 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. Seller further agrees to hold the City of Too Collins harmless farm and against all liability and loss incurred by them by reason of an asserted or "tab] ishcd violation of any such laws, regulations, ord inanees, rules 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 mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions stated herein set forth and any supplementary Or additional moos and conditions annexed hacto or incorporated herein by rcf,mine. Any additional or diffcrcat tans and conditions proposed by Scllcr 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 of the essence. Delivery and performance must he efTected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpadial late deliveries, shall operate as a waiver of this provision. In the event of oqv delay, the Purchaser shall have, in addition A the, Icgal and equitable remedies, the option of Placing this order elsewhere and holding the Seller liable for damages. Hmvcvcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fmdt of negligence, such acts of Gad, acts ofeivil or military authorities, govemmemal priorities, Gres, strikes, flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Pnrehascr within five (5) days of the time when the Seller first received know'Ic•lgc 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 ofthc delay. 3. WARRANTY. The Seller warrants that all goods. Articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor 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 fmm Any loss, damage or expense which the Purchaser may coffer err incur an account ofthe Seller breach of wammy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law at by the terms ofany Applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to he unreasonably deliver), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of gomLs by the Purchescr shall not constitute a waiver of any claim under this wamnty. Except as othcnvisc pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of any ofthe foregoing svam, mics or guarantees, but such liability shall in no event include loss of profits or loss of ass. 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 change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change ordee If any such change affects the amount due or the time ofperfommancc hereunder, an equitable adjustment shall he made. 6. 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 bcwvccn the panics as to a ny 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 consequential damages, and that no such Adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. Nn such ternimation shall rel icvc the Purchaser or the Seller ofam, of their obligations As to any goods delivered hercundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAN'. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods ate subject. The Seller shall execute and deliver such documents n may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless 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 Seller wormnts full, clear and unrestricted title to the Pumhzscr for all 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 ofothera. The Seller shall release the Purchaser and its contractors of anv tier From all liability and claims of Any nature resulting from the Performance of,arch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officer; and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any wsty, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 1l'henever the Seller is required to use any design, device. amterlal or process covered by letter, patent, trademark or copyright, the Seller shall indemni fv and save harmless the Purchaser fmm any and all claims for in fringemcnl 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 damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or anv pan thereof or the intended nsc of the good, is in such so it held to constitute infringement and the use of said equipment or pan 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 same with substantially equal but noninfringing equipment. or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or Instce far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions i ftcmxs used or the interpretation ofthc agreement and the rights of all panics hereunder shall be consumed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcsentative(s), on the premises nfeflous. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work At Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident, destnretion or injury to the work and/or materials before Seller's final completion And acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the rile and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. I R. INSURANCE. The Scllcr shall, at his own expense. Provide for the payment of workers compensation, including occupational disease henefits, to its employees employed no or in connection with the work covered by this purchase order, and/or In 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 to, contractual and automobile public liability insurance with hodily injury and death limits of at [cast S300,MO for any one person, S500,000 For any one accident and property damage limit per accident of S400.000. The Seller shall likewise rcquim 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 pmmises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ccnificatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such conmpensation and insuntnee shall be maintained until after the entire work is completed and accepted. In. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and All damage. loss or injury ofany kind or nature ••'h.,tsocvcr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Scller will indemnify And hold hamrles the Purchaser and any err all of the Purchasers officers. agents and employees form and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be pat or subject by reason of any act, action. neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case 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 officers, agents or employees as Aforesaid, the Seller hereby agrees to Assume the defense thereof And to defend the same at the Sellers own expense, to pay any and all crusts, charges, attomcys fees and other cxrenscs, 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 case judgment or other lien be placed upon or obtained against the pmyKny ofthe Pinemser, or said panics in or n a result of mch mits or other proceedings. the Seller will at once cause the same to be dissahcd and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precautions. furnish and install all gourds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all nlles and regulations issued pursuant Ihcmtn. Revised 0312010