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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9142637Fort Collins Date: 05/09/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9142637 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 05/09/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase replace totaled unit #11111 2011 Sole Source Line Description Quantity UOM Unit Price Extended Ordered Price 1 Upfit 2014 Ford Police Intercp Replacement for #11111 reference quote dated 5/7/14 per Jeff Gorsuch -cost$10,313.77 1 unit with Full cage and No CPE Deliver to: Fleet Services Shop 906 W Vine Fort Collins, CO 80521 Contact: Ian or Eric ph# 970-221-6613 '"Please call 24 hours to 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 1 LOT LS 10,553.97 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 smote the Ciry of Fort Collins is exempt from state and local axes. Our Exemption Number is I I. NONWANER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the mrmx and conditions hereof, failure or delay w Internal 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 hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failme to meet specifications, time, when shipped or due to defects of any of the wmmaties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in haten, may be returned to you fed credit and au not to be r,I-,d except area receipt of written purchaser to insist upon strict performance hectors, any of an rights or remedies as to any such grad, regardless instructions from the City of Fon Collins. of what shipped, reveived or accepted, as to any prior or subsequent default hareumdm nor shall any purpaned bull modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the Intro Inspection. GOODS au former, to be City OFF.. Collins hts wesdam on arrival. hereof. Fimul Acceptance. Receipt of the meaharMim, services or gimpmend in dwindle so this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized WYment on the par of the City of Fort Collins. However, it u to be understood that FRIAL Seller and the Purchases recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theremfor,for good mum and 0, consideration for executing fis purchase order, the Seller hereby resigns to the Purchaser any and NI claims it may now have or hereaRer Freight Terms. Shipments must be TOM, City of Too Collins,'IW Wood St., Fort Collins, CO 80522, unless acquired under federal or ,Late antitrust laws for such overcharges relenting to be particular goods or services otherwise specified on this order. llpermission is given a. m,, freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges far puking will not be accepted. Shipment Distance. Where manufacturers have distributing points in vac us parts of the country, shipment is expected from the nearest distribution point N distinction, and excess freight will be declined from Invoice when shipments are made from 6uma, dismr:ce. Penis. Seller shall procure al sellers sale cost all necessary permits, ce ftfimtas and licenses rtquiud by all applicable laws, regulations, ordinances and miss of the state, municipality, territory or political mbdivisien where the work is performed, or required by any other duly consti iced public authority having jurisdiction over the work .1 madw. Seller further agrees to hold the City of Fall Call ins harmless Tram and against all liability and loss inammed by them by reason of an asserted or established violation of any such laws, regulations, o clamor s, roles and requirements. Able ricadmn. All parties N this comma agree mat the reprexnmrivrs are, in fact, bona fide and possess full end complete authority an bind said patties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to be an. and candiums, s.am herein set boom and any supplementary or additional mutts and conditions ammxed heteto or incorporated herem by reference. Any additional or different mules and renditions proposed by seller me objected to anal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date ns acted. Time is of the essence Delivery and performance ..it be iftera d within fe time ,rated on the purchase order :rod the documents mached herem. No acr, of the Purchases including, without limimtioa acceptance of partial Intl del iverics, shall operate as a waiver of this provision. In line event aany delay, the Purchaser shall have, in addition to other legal and vertical remedies, the option of placing this order elsewhere and holding me Sclln liable for damages. However, the Seller shall at be liable for damages as a result of delays due to causes not miserably foreseeable which are beyond its reasmwble control and without its Paull of negligence, such acts of God, aced nfcivil err military au marines, gm'cmmmml priorities, fires, strikes, flood. epidemics, wars or riots provided that notice of the conditions causing such delay is given to be Purchaser within five (s) days of the time when m, Seller first received krowledge them:f. In be event of any such delay, be date of delivery shall be extended for the period equd tube time acmdly lost by reamer of the delay. 3. WARRANTY. The Seller warrants that all goods, 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 acmNmce wits accepted standards for work of a milar nature. The Seller agrees Ira hold the purchaser harmless from my loss, damage or rxpeme which be Purchaser may suffer or incur on account affair Sellers breach of warranty. The Scller shall replace, repair or make good, without cost to me purchaser, my defences or faults adding within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable wanmnty provided by the Seller after the date of azceptan<e of me good f mished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperf r or defective work done or materials famished by the Seller. Acceptance or rom of good by the Purchaser shall not constitute a waiver of any claim under this warranty, Except is 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 wamounts or guarantees, but such liability shall in no event include loss of profits or low of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pu becer may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The producer may make any changes to the terms, other Nan legal names, including additions to or deledoos from the quantities originally ordered in the specifications or conscious, by veNd or wrinen change order. If my such change affects the amount due or the time ofperformmce hereunder, an mumble adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as an any err all portions of be ,nods then not shipped, subject N any equitable adjustment between the patties as to any work or materials then in progress provided For the Purchaser shall nor be liable far any claims far amid, red profits on the uncompleted portion of the good and/or work, for incidental or ronsegoemial damages, and that au such adjustment he made in favor of me Seller with respect to any goods which arc the Sellers mndN stork. No such termination shall relieve the Purchaser car the Seller artery oftbeir obligations n, to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be worded within thing (30) days man the date the change or termination is wiener. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in shim compliance with all aEminbe laws and regulations to which the goad we subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this chometer am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Parabolic handless from all casts and damages suffered by be Purchaser as a result of the Sellers filure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign, mansfer, or convey this aaier, or my mania due or m became due hcrnmder without the prior written commit ofthe other party. 10. TITLE. The Seller warrants full, dear and unrestricted title to be Purchaser for all equipment, materials, and items Famished in performance of this agreement. Gee and clear of my and all liens, resttie ons, reservations, secudry interest encumbrances and claims archers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser ducts the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser may mum the work at be performed by the most expeditious means available to it, and the Seller shall pay all can. associated vvim each work. The Seller shall release be Purchaser and its contractors of any no from all liability and claims of any nature troding from the performance ofsuch work. This releuse shall apply even In the Ivan of fault of negfiger:ec of the pony released and shall extend to the dincenrs, oRcen and employees of such party. T he Seller's conameraal obligations, including warranty, shall not be deemed to m reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENT'S. Whenever the Seller is,quoted to use any design, device, material or process covered by letter, pi trademark or copyright, the Seller shall indemnify and mve hamdess the Purchaser from any and all claims for infringement by renmn of the ass of such patented design, device, mmerid or p.m 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 rquipment, or tiny pun thereof or the intended use of the goods, is in such soil held to constitute infringement send the use of said egiii,rem or pan is mjolned. Ilre Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replum the same with subsmntially qual but noninfringing quipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an zwigmnem for fe benefit of crndimra, appoint is remiss, or trustee for any of the Sellers propery or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, of terns u,ed of the interurban. of the agreement and the rights of all patties hereunder shall be canstmed uncle, and gwa ord by the laws of the State afColorada, USA. The following Additional Conditions apply only in case where be Seller is to perform work hereunder, including the services i f Sellers Represenmtive(s), oa the premiss ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall wry on said work at Sellers own risk until the some is fully completed and incepted, and shall, in u of any accidm4 dnmmtim or injury to fe work as lm, .,mail before Series Final .,loion and acceptance, complete be work at Sates own expense and to has satisfaction of the Purchaser. When =Wfials and equipment are fumishad by ethers for installation or auction by be Seller, the Seller shall receive, unload, stare and handle same al the site and become responsible therefor n, though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with be work covered by this purchase order, and/or to Their dependents in accordance with be laws of the stone in which be work is to be done. The Seller shall also terry comprehensive general liability including, but Out limited to, mnmmund and autamobile public liability imumnce ward Wdily injury and death limes of at least S300.030 for any no, reason. S50gnno fed my one accident and property damage limit per azridem of 540(ft". The Seller shall likewise require his rocam, if any, of provide for such mat,rea ran and titanium. Beim any of be Sellers or his mntradon employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a summon, that such compensation and insurance hove been provided. Such mnilicates shall specify the date when such harpenmtiun and inmrmm have been provided. Such aenificams shall specify the date when such compensation and in expire. The Seller agrees then such compensation and insurance shall be maintained until after the entire work is completed and secured. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurrms the emim Rpnnsibility and liability fed any end all damage, lens or injury ofany kind or nature whatsoem, to persons or pmpmy wum l by or resulting fraud the execution of den wort provided for in this purchase order or in connection heuwiff. The Seller will indemnify and hold harmless the Purchaen and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of be Seller, any of his contractors, or my of the Sellers or limitations officers, agents or employees. In case any suit or other pmcredings shall be brought against the Pomhaser, or its oflai agents or employees at any time on arrow, 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 be defense thereof and to defend the same at be Sellers own expense, at Pay any and all costs, chargrs, tourneys fees and other expenses, any and all judgments that may be incurred by or obmmed against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in even judgment or other lien be placed now or obtained against the pmpeny ofthe Purchaser, or sand parties in or ss a result ofsuch suits or other proceedings, the Seller will at aam cause the same to be dissolved and dischvgrd by giving bond or oferwix. The Seller and his contractors shall take all safety precautions, fiunish and in,Nll OF guards necessary for me premmion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all miss and regulation, issued pursuant thereto. Revised 03R010