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Home My WebLink About126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9141563Fort Collins Date: 03/14/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9141563 1cf2 his number must appear on all invoices, packing sli s and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS CO 80521 Delivery Date: 03/14/2014 Buyer: DOUG CLAPP Note: ref. WSCA # 72536YYY15MNVSCA Line Description Quantity UOM Unit Price Extended Ordered Price 1 Radios BC Vehicles Install Quote 4094 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm 1 LOT LS 1,170.75 1.170. 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sole and local tax s. Our Exemption Number is I L NON WAIVER. 984N502. Federal Excise Tax Exemption Cenifcam of Registry 8<,6000587 is registered with the Collator of Failure of the Purchaser to insist upon stnct performance of the terms and conditions hesaf, failure or delay to Internal Revenue, Drover, Coloradoef (RColorado Revised Statutes 19)d, Chapter 19-26, 114 mf exercise any rights or remedies provided herein at by lax', failure to promptly notify the Seller in the event of a breach, the oecrymna ofor payment for good hereunder of approval off. design, shall Out release the Seller of Good Rejected. GOODS REJECTED due to failure m men spccifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be demand] a waiver of any fight of the damage in ,tenet, may be retained In you for credit and are Out to h replaced except upou receipt of "Ien Purchaser to insist upon short performance bacillar any of in rights or remedies n to any such goods, regardless intmdiorn from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default bereunder, nor shall any pummel oral mociifeation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject in the City of Fan Collins inspection on uncivil, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can remit in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outharired payola, on the pent of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic rpractice, overcharges resulting from antitrust ACCEPTANCE is dependan upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase, Theencom,grws] cause ad n consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freigltt Teton. Shipments must be FOB, City of Fort Collins, 700 Wood St., For Collins, CO 80522, unless otherwise speci fed on this order. If permission is given to prepay freight and charge separately, the original fright bill must accompany invoice. Additional chorg- for packing will not be accepted. Shipment Dnance. Where manufacturers have distributing points in varocas pans of the coumry, slarproad is expected from the nearest distribution point to d-tiaBon, and excess freight will be dWucled from Invoice when shipments me made from greater distance. Pamirs. Sella shall procure in sellers sole cost nil naesory permits, califcates and licimet r yuiral by all applicable laws, regulations, ore iances ape roles of the state, municipality, mor tory or political subdivision where the work is performed, or requital by my other duly contimed public authority having junwheriou over the work of va &,. Seller further agrees to hold the City of Fan Collins harmless wen and upon, all liability and loss incurred by them by reason of an asserted or-oblished violation of my such laws, regulations, oNiannca, toles ape requirements. Authorization. All parties to this contract agree ,bat the represenmtives are, in fact, bona fide and possess full and complete authority in bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acce,tace to the teens and conditions slated herein set rnM1 and any supplanatary or additional terms and conditions annexed bacto or incamomted herein by reference. Any additional or differentterm, and conditions mu,nd by seller are Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shmar em to arrive on your promised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time sorted on ,he purchase Order end the damaenn alnelred hereto. No acts of the Purchasers unluding, without limitation, acceptance of partial late delival shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Sella shall not be liable for damages as is result of delays due m causes not rrawrmly fna,mable which am beyond in raweable curl and without its fault of negligence, such acts afGod, acts of civil or military authorities, governmental priorities, lines, strikes, Bond, epidemics, wars or hats provided thal notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Sella for received kwwledge thereof, In Ore event of any such delay, the dare of delivery shall Her extended far, the period equal to the time actually loss by neawn milk delay. d. WARRANTY. The Seller warrants that all goods, articles, namenals and work award by this order will conform with applicable drawings, specifications, samples and/or other description given, will be Fit for the proposes intendal, and performed with the highest degree of care and competence in accordance with accepted stadard for work of a similar mount. The Seller agrees to hold the purcl seer homeless from any Ins, 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 cost to the purchase, any defects or Earn arising within one (1) year or within such longer period of time as may be pr-cribed by law or by the hems of any applicable womarny provided by the Seller after the date of acoqu nce of the goods famished hereunder (acceptance Our m M unreasonably delayed), resulting from imperfect or defective work done or materials Polished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase mile, the Sellers liability bereunder shall extend on all damage proximately caused by the breach of any of the foregoing war trims of guarantees, but such liability shall in no event include loss of profits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tern by written charge other. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser m,y make any doing- to the term. other than legal lean. including addition In a delaions from the quantities originally ordered in the specifications or drawings, by vrrbal or written dump order. If my such change affects the amount due or the time fTerifficarmice hareaMer, sm equitable adjuderm shall be made. 6. TERMINATIONS. 'Ile Purchaser may at any time by written change order, terminate this agreement as on my or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchasa shall not be, liable lot any claims for anticipated profits on the uncompleted portion of the goods odor work, for incidental or consequential duma,m, and In., no such adjustment be made in f rsor (if the Seller with respect to any goods which ere the Sellers sari&rd stuck. No such termiarims shall relieve the Purchaser or the Seller of any of their obligations an in my hard delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment trust be assured within thirty (3a) drys from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wunants that all good sold hereunder shall have been produced, sold, delivered and f hhal in strict compliance with all applicable laws mul regularm. to which for, pain are subject The Seller shall execute and deliver such documents array be¢qui d to effect or evidence compliam'e. All laws and regulations rryuiral lobo inco"cated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and Mid the Pwchase, bermless fiom all corn soul damaga suRered by the Pmchasa as a it of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller ay...Is full, Clem and unresaided title to the Purchaser for all equipment, materials, and items furnished in parr moon, of this agreement free and clear of any and ll liens, restrictions, reservation, security interest encumbrances and claims of others. acquired under federal or state antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchases pursmnt to this purchase order. Id. FORCE IASF.RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Petitioner directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller theraRer indicates its inability or unwillingness to amply, the Purchases may cause the work Ir be performed by the most expeditious mean available to it, and the Seller shall pay all costs assacimcd with such work. The Sella shall release the Purchaser and its contractors of my tier form all liability and claims of any nature nuking from the performance, ofearh work. This nelrae shall apply even in the coal of find, of negligence of the wen relaeN and shall extend to the directors, officers and employee, ofsurh parry. The Sellers contractual obligations, including warreary, shall not be deemed to M reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by late,, proem, trademark or copyright, the Sella 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 indar ify the Purchaser for any and, expense or damage which it may be oblipil to pay by reason of such infringment at any time during the prosecution or after the completion of the. work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said amipmeml or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said aluiparat or pans, replace the same with substantially egal be, nonii f inging equipmmL or modify it so it becomes naninRinging. 15. INSOLVENCY. If the Seller shall become inwlvat or bankrupt, make an assignment for she benefit of creditors, appoint a receiver or trustee for my of the Sellers pmpeny or tininess, this order may forthwith be canceled by the pareduser without liability. 16. GOVERNING LAW. The definition of term coal or the interpretation ofthe agreement and the rights of all parries hereunder shall be constmcd under and governed by the laws of the Sate orColamdo, USA. The fallowing Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers R mOustative(s), on the premises clmhers. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk On the same is fully completed and accepted, and shall, in e of any accident, desbuc,ion or injury to the work author materials berms Sellers final amplesion and acceptance, complete the work at Sellei s awn expense and to the satisfaction of the Purchaser. What materials and equipment are furnished by others for intaintion or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor in though such maferiah mdmr equipment were bring famished by the Seller under the order. 18. INSURANCE. The Seller shall, al his own expense, provide for the payment of workers ampeusaMn, including accu,do-] disease benefits, to in employees employed on or in connection with the work commal by Ibis purchase order, mNor to their dependean in acordance with the laws of the slide in which the wars is to be done. The Seller shall also carry comprehensive general liability including, but not limited a, controcand] and aummobile public liability macerator r with baddy injury ape death limits of at least 5300.000 for any one person, S500.000 for any one accident and pmpeny damage limit per accident of 5400,000. The Sella shall likewise impire his omoomrs. if any. m provide for such compensation and inn e. Before any of the Sellers or his antmetors employees shall do any work upon the premises of others, the Seller shall famish the Purchaserwith is carfind, that such compnsntion and insurance have been provided. Such cenificat- shall specify the date whin such ompenalion ad insurance have been provided. Such certificates shall specify the dale what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until ado the more work I, completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibdily and liability for any and all damage, loss of injury of my kind or nature whatsoever to persons or Frapmy caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchmer and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, &rages, charges or expenses, whether direct or indirect, and whether to perans or property to which the Purchmer may be put or subject by reawn of my act, action, neglect, omission or default on the part of the Sella, my of his ammeters, or any of the Sellers a contractors officers, agents or employees. In case my suit or other proceedings shall be brought again, the purchaser, or in officers, agents or employees at any time or account or by reawn of my act, action, neglect, omission or default of the Sella of my of his contmdors or my of its or thew officers, agents or employees as aforesaid, the Sella hereby apsm to musicians, the defense ,her a f and to defend the same at the Sellers own except, to pay my and all cola charges, momeys fees and other expenses, my and all judi man Bat may W incurred by or abound Wool in, Purchaser or my of its or thew officers, agents or employees in such suits a mam, promedou,s, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will or mice cause the same Ir be dismissed and discharges] by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all girds n ursary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without ❑number, the Occupational Safety ad Health Act of 1970 and sll toles and regulations issued pursuant Hereto. Revised Wall ID