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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9142552City of /�VF6rrt Collins Date: 05/07/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9142552 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/06/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase quote/ 2011 SS Line Description Quantity UOM Unit Price Extended Ordered Price Police equipment package 1 LOT EA 24,324.82 (2) Ram 1500 SSV units - K9 reference quote dated 2/5/14 Kirk Waddell 2 units cost per = $12,162.41 includes custom built K9 unit Ft. Collins to provide equipment from existing units. Dept: Police Patrol Contact: Ian or Eric ph# 970-221-6613 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@fogov.com Total $24,324.82 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. COMMERCIALDETAILS. Tax exemptions. By aware the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate, of Registry 84-6005587 is registered with the Collector of Failure of the Purchaser to insist upon and performance ofthe terms and conditions hereof, failure m delay to Inca al 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 Seller in the event of a breach. the acceptance of or payment for goods hereunda or approval ofthe design, shall not rcldom the Seller of Grads Rejected. GOODS REJECTED due Ito failure Io and sperificatione, either when shipped or due to defects of MY of the warranties or obligations of this purchase order and shall not be deemed a waiver of my night of the damage in cosmic may be retuned to you far credit and are not la b, mr,larM can,, upon receipt of written Purchaser to insist upon strict performance h rdi any of its rights or rcmdies as Ir any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to my poor or subsequent default hereunder, her shall any parponed oral modifwtion a matlssim of this purchase order by the Purchase operate as a waiver of My of the terms Inspection. GOODS are subject a the City of Fan Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchendiu, Services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in annul a is practice, o ercharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations art in fact home by the Purchaser. Themnfore nforgood cause and as Consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be P.O.B., City of Fort Collins, 700 Wood Sc, Fan Collins, CO 80522, unless acquired under federal or spite antitrust 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 freight purchased or acquired by the Purchaser pursuant to this parches, order. bill must accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be aged upon by the expected firm the nearest distribution point to destitution, and excess freight will be deducted fmm Inroad, when Purchaser and the Sell", and She Seller thereafter indicates its inability or unwillingness I. comply. the Purchaser shipments are made from greater distance. may cause the work to he performed by the mnst expeditious means available to it, and the Seller shall pay all [sotsmmrmeal with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, crrtifirda and licenses required by all applicable laws, regulafm, ordinances and rules of a, state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjundiction over the work of seder, Seller further agrees a hold the City of Fan Collins hamJess from and against all liability and loss eincurred industries, them by reason of an assumed or established violation of any such laws, regulations, rules nd requirements. Authorization. All panics to this cant., agree that the representatives arc, in feet, bona fide and possess full and complete authority m bind said parties LIMITATION OF TERMS. This Purchae Order expressly limits acceptance to the rare, and conditions stated herein set froth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCI IASMG AGENT immediately if you carom make complete Shipmmr to arrive era your promised delivery data as nand. Time is of the essence. Delivery and performance must ha elfetled within the time stated on the purchase order and the documents attached hereto. No ads of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. 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 Seller liable for damages. However, the Sella shall not be liable for damage as u result of delays due to roues not reasonably foreseeable which are beyond its rrasonably central and without its fault of negligence, such acts ofGd, acts offend or ordlitary, authorities, governments] pmodties, fires, strikes, Road, epidemics, was or mots provided that notice of the conditions musing such delay is given to the Parchuer within five (5) drys of flee time Sam the Sella first received knowledge thereof. In the event of My such delay, the date of delivery shall ha exteedd far the pared equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goofs, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples dollar other descriptions given, will be lit 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 Sella agrees to hold the parchaur handew fmm any loss, damage to e,a,. which the Purchases may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without rost to the purchaser, my defects or holes arising within one (H year or within such longer period of lime as may be presented by law a by the terms of my applicable warranty provided by the Sella after the date of acceptance of the goods fumishd hereunder (acceptance not to be, unreuombly delayed), resulting from imperfect or defective work done or materials fmishd by the Seller. Acceptance or tie of good by the Purchaser shall not institute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Parchasa may make changes to legal emu by wdnm change onla. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal Sam¢, including additions to or deletions from the quantities originally ordered in the specifications or thousand, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6.1 ERMMATIONS. The Purchaser may a any time by written change order, enmina¢ this agreement as to any or all portions of me goads then tot shipped, subject to any equitable adjmtnteat between the psties. to any work or tdruds the. in progress provided flat the Purchases shall tot be liable for any claims for anticipated profits on the uncompind portion of fie goods Maker work, for incidental or consequential damage, and Nat no such adjustment he made in favor of the Sella with ¢spar to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or Use Seller ofany oftheir obligations as to any goods &Heard hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant+ Unit all goods sold hereunder sled) have been promised, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents se may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this mfiddi e. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffroed by the Ptuchasa as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. NeiNa parry shall essigp transfer, m convey this order, or my monies due or to become due hereunder without the prior written consent ofee other party. 10. TITLE. The Sella amounts full, clear and uncorrected title 0 the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of offers. The Seller shall release the Purchaser and its contractors of my lie, from all Iiabilily and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pant released and shut extend m the directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be d«med to be reduced, in any 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 loner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by Mean of the use of such patented design, device, material or process in connection with the contrmn, and shall indemnify the Purchaser for any and, expense or damage which a nay be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipmea, or my pan thereof or the intended use of the goads, is in such suit held to comatme infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expose and an 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 codify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became irssoham or bmkmpr, make on assigmmot for the benefit of directions, it, oim a or vusree for my of the Sellers property, or business, this oiler may foMwith he canceled by She Purchaser without liability. 16. GOVERNMG LAW. The definitions of terms used or the interpretation of She agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply Only in cases where the Seller is to Perform work hereunder, including the services of Sellers Represe rtative(s), on the premises operators, 17. SELLERS RESPONSIBILITY. The Seller shall [any, on said work m Sellers own risk until the same is fully completed and accepted, and shall. in rase of any accident, destruction or injury m the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's awn expense and m the satishectim of the Purchase, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, outwit, store and handle Same at the ate and become responsible therefor as though such materials maker equipment were being famished by She Sella mder the order. 18. DISURANCE. The Seller shall, at his own expense, provide for the payment of wmkrrs compen Lion, including occupational disease benefits, to its employees employed on or m connection with the work covered by this puurchsse order, maker to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 far any one Inson, 5500,000 for any e accident and property damage limit per accident of S400,000. The Seller shell likewise require his contractors, if any, to provide for such compensation and an insurance. Before y of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall irmish the Purchaser with a certificate that such compnearrom and insurance have been provided. Such cartifeacs shall specify the date when such compensation and insurance have been provided. Such catifcam,; shall specify the date when such compnuatim and insurance expires. The Seller agrees that such compewtiw ad became shall be mainuit ed and] ether she entire work is cumpleted and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby masumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r 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 Seller will indemnify and hold harmless the PumLase and any cr all of the Purchasers officers, agents and employees trainand against any and all claims, losses, damages, hanges or experues, whether direct or indeed, and whether to persmrs or property to which the purchaser may be put or subject by reason of My act action, angled, omission or default on the part of the Sella, my of his commit or my of the Sellers or coatrzcrors officers, agents or employees. In eau my suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees at my time on =want or by reason of My on, action, rolled. omission or default of the Sella of my of his contractors or any of its or their oRcan, agents or employers as afore.id, the Sella hereby agrees to assume the defense thercof and to defend the same at the Seller own expense, to pay any and all cases, charges, anomeys fees and other expenses, any and all judgments that may IN incurred by or obtained against the Pumbe er or any of is or their officers,. agents or employees in such suits or other proceedings, and in case judgment or other Her be placed upon or obtained against the property of the Purchaser, or said panics in or as a much ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving hoed or otherwise. The Sella and his contractors shall rake all safety p.Sione, broods and install of guards ucesary for the pine rtim of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Half Ad of 1970 and all rules and regulations issued pursuant theme. Revised 03R010