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HomeMy WebLinkAbout471061 PCS MOBILE - PURCHASE ORDER - 9141589Fort Collins Date: 03118/2014 PURCHASE ORDER PO Number Page 9141589 101`2 This number must appear on all invoices, packing sli s and labels. Vendor: 471061 Ship To: POUDRE FIRE AUTHORITY - AD PCS MOBILE 102 REMINGTON CORPORATE HEADQUARTERS FORT COLLINS CO 80524 1200 W MISSISSIPPI AVE DENVER CO 80223 Delivery Date: 03/17/2014 Buyer: DOUG CLAPP Note: per WSCA B27172 Line Description Quantity Ordered UOM Unit Price Extended Price Toughpads, etc as per 1 LOT LS 31,956.00 Proposal 10134/5 dated 2/25/14 Dept: PFA contact Tom Hatfield (12) - Toughpad - FZ-GIAABCXRM - $2,140.00ea total = $25,680.00 (12) - Protection plus accidential damage 3 years for Toughpad - $218.00ea total = $2,616.00 (12) - Desktop cradle for FZ-G1 - $305.00ea total = $3,660.00 Grand total = $31.956.00 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.com Total $31.956.00 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 Fon Collins c exempt from shale and local taum. Our Exemption Number is I L NONWAIVER. 98-01503. Federal Excise Tax Exemption Cenificme of Registry Sa 6000587 is madded, with the Collator of Failure of the Purchaser to insist upon strict performance of the terns and conditiom hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamna PUL Chapter 39-26, 114 (a), exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor paymrnd (m goods hardener or approval mde, design, shall pod release the Seller of Goods Rejected. GOODS RE)ECTED due by failure to men specifications, either when shipped or due to defects of pay of the waeaunim or obligations of Ws purchase order and shall not be dinned a waiver of any right of the damage in transit, may Ire normal W you for credit and ore not to be replaced except upon receipt of written purchaser m insist upon strip, performance, hereofer any of its rights or remedies as to any such goods, rtgood[. instructions fmm the City of Fort Collim, of when shipped, received or a<C[pned, as to any prior or subsequent default hereunder, nor shall any purposed oral much fiwtion or rescission of this purchase order by the Purchaser operate As a waiver of any of the terms Inspection. GOODS we subject to the City of Fos Collins inspection on mrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment no the pan of the City of Fri. Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual aromatic Finance, machages reodda, from antitrust ACCEPTANCE is dependentupon cnmpleion ofall applicable required inspection preoponce, violations are in fact home by the Purchase,IliartoPore,for good cause and as consideration for executing this Purchase order, the Seiler hereby assigns to the Purchaser any Ired all claims it may now have or hewilla Freight Terms. Shipments must be F.O.B., City of Fad Collins, 700 Wood St., Fos Collins, CO 80522, unless acquired under federal or sate antiwst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original (eight purchased or acquired by the Purchaser pursuant M this purchase order. hill must accompany invoice. Additional Operas for cracking, will not be accented. Shipment Distance. Where manufacturers have distributing Mints in various pans of the country, shipment is expected from the nearest distribution Mint to destination, and excess freight will be despeted fmm Invoice when shipments art made from greater distance. Permits. Seller shall proure at sellers sole cast all nnessary pandits, cenifucale and licenses required by all applicable laws, regulation, ordinances and rates of the state, municipality, emtory or political subdivision where the work is performed, or required by any other duly constituted public authority having juns bctiw over the work of vendor. Sella fuller agrees to hold the City or Fan Collins formulas How and against all liabiliy and loss incurred by them by reason of an -,and or established violation of any such laws regulations, ordinances, tales and equircments. Au hammun icn. All parties to this coal., agree that the represenlatives are, in fact, bona fide and Maus full and complete authority to bind said parties. LIMB AT [ON OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein act firm, and any supplementary or additional teens and conditions counal pent. or incorporated herein by reficeec. Any additional or diluent terry and conditions proposed by seller are objected to and hereby jeered. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dine ns —nor Time is of the cassava. Delivery and performance must be eftected within the time slated on the purchase order and the documents attached hercte. No acts of the Purchasers including, without limitation, acceptance ofpurdal late deliveries, shall operate as a waiver of this provision. In the event of eery delay, the Purchaser shall have, in addition to other legal and equitable remedies, the oplim of placing this order elsewhere and holding the Seller liable for damages. How", do Seller shall rot be liable far daroagm as a muds of delays due to causes non reasambly foreseeable which are beyond mentionable control and without is fault of negligence, such ace official, aces orchid or military authorities, governmental practices, firs, strikes, flood, epidemics, wars cur not, provided flum notice of the condifiom coming such delay is given a he product within five (5) days of she time when she Seller first received knowledge therrof. In the event of any such delay, he dam of delivery shill be mtrucha d for the period and to the time actually tom by reawn of she delay. 3. WARRANTY. The Seller warrants dust all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in wormhole, with accepted standards for work of a similar nmurt. The Seller agrees to hold the purchaser hmmlms from any loss, damage or expense which the Purchaser may supper or incur on account of the Sellers breach of warden, The Seller shall Taylor, repair or make gaol, without cost to the purchase, any defects or faults arising within one (0 year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aner the date or acceptance of the goads famished hereunder (acceptance not to be wareasumbly delayed), resulting firm imperfect or defective work done or materials Punched by the Seller. Acceptance or use of goods by the Purchsser shall not constitute a waiver of any claim under this warranty. Except as wherwiu provided in this purchase order, the Sellers liability hereunder shall extend Ins all damages.... manly caused by the breach of any of the foregoing wararties or guarantees, but such liability shall in no event include lass of pmfiH or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal terms by wnncn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temss, other Iran legal toms, including additions to or deletions from the quantities originally ordered in no specifiwriom or drawings, by verbal or %title. change over. If any such change effects the amount due w the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. T he Purchsser may at any time by written change order, enninae this agreement as m any or all Minions of de goads then not shipped, subject to any equitable adjustment between the parties in m any work or materials fen in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion or the goods and/err work, for incidental or mmegoup.l damages, and that no such adjustment be made in favor ..rube Scllcr with respect to any goods which are the Sellers standard stock. No such termination shall relieve We Puretrawr or the Seller of any of their obligations m to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmun mast be assMed within thirty (30) Joys from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller vAwwN Her all goads sold hereunder shall rave line praduttd, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am subject. The Sella shall execute aN deliver such documear, as may be required Is effect or evidence compliance. All laws and memoriam required Lou be incorporated in agreemens of this chamma are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold fie Purchaser harmless From all casts and damages suRered by fly, Pmchme ns a molt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, uonsf , or convey this order, or any monies due or to became due heeurrder without the prior written consent ofhe other parry. 10, TITLE. The Seller warrants full, clear and unrestricted line err the Purchaser for all equipment, materials, and items furnished in performance of this agreement, Bee and clear of any and all lions, restristlove, reservations, security interest encumbrances and claims of others. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m mrmct nonconforming or defeat,, goals by a date ro b, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work no be performed by the most expeditious mama available to it, and the Sella shall Pay all costs posecisted with such work. The Seller shall release he Prmhawr and its comractors ofany Her fmm all liabiliry and claims crony mture resulting form the performance ofsuch wad. This release shall apply an in fie event of fault of negligence of the party released and shall extend to he directors, oMs. all employees fsuch parry. The Sellers contractors obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or ..it,. be performed by the Pm feraw. 14. PATENTS. Whenever the Seller is required to use any design, device, m:nerinl or process covered by letter, Patent, sadentark copyrigla, the Seller shall indemnify and save harmless the Purchaser 1'nne any and all claims for infringement by moon of the use of such Farmed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense err damage which it may be obliged to pay by reawn of such infringement at any time during the prosaption or after the inoculation or the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to consume inMnpro nt and the use of said cgpipprem or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue man said equipment or pans, replace the same with substantially equal but naninfnnging equipment, or modify it so it becomes nnninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmdmpt, puke an ssampround for the benefit of creditors, appoint in repealer or trmtee for any of the Sellers property or business, his maker may foMevinh be canceled by the Permission without liability. 16. GOVERNING LAW. The defrnitiom of tenor used or the interpretation of the agreement and the rights ofall parties hereunder shall be oratmed under and governed by the laws ofthe Starve ofCohmi USA. The following Additional Conditions apply only in taus where the Seller is in perforn work hereunder, including the services of Sellers Re,co ntative(s), on the premises of.d¢rs. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, dametim or injury to the work maker m,serials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the purchaser. Wben materials and equipment me ibmished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same an the site and become responsible therefor as though such materials andtor equipment were being famished by fe Sella mida the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compesation, including uccupatioraal disease beaer s, to its employees employed an w N connection with he work covered by Was purchase order, aWor to their deperidena in a eencro cc with the laws of the one in which the wod is m be done. The Sella shall also carry comprehensive general liability including, but cal limped to, contractual and automobile public Liability imuronce x'i , forty misery and death limits of m least ! 3noPW for any one Person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his componnors, if any, to provide for such compensation and immrance. ne6rt any of the Sellers or his contnmors employees shall do any work upon he premises of others, fe Seller shall furnish he Purchaser with is martian Had touch compensation and insurance have been provided Such cerdOcaes 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 Wat such compensation mid insurance shall be maintained until aner In, entire work is completed and seeeplM 19. PROTEC PION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ns es the entire responsibility and hard ity for any and all damage, loss injury of any kind of nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless he Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to Become or property to which the Porchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of fie Seller, any, of his comradods, or any of the Sellers ar couppams officers, agents par employees. In case any suit or other proceedings shall M,roughl against the Purchaser, or its officers, agents or employees at any time on account or by reawn of any act, action, neglect, omission or default of the Seiler of any of her contractors or any of its or their officers, agents or employees as afomszid, the Seller hereby egress to assurne fie defense thereof and to defiad fie same al die Sellers own expense, m pay any and ell toss, charge, armmays f all other expenses, any and all judgments thet may be incurred by or obtained against the Purchaser or any of is or thep officers, agents or employees in such sues or other proceedings, and in ease judgment or other lien be placed upon or obtained against He property ofhe Purchaser, or said Mnim in or ss a dealt ofsuch suits or whit, proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or ocherous. s. The Seller and his contractors shall take all safety precautions, famish and instill all gmrds nnesury 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 roles and regulations issued pursuant thereto. Revised Dan10