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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9142991PO PURCHASE ORDER 9142991 Page City. Of 9142991 1 of 3 ' `t Collins olli „s This number must appear ` V 1 1�7 on all invoices, packing sli s and labels. Date: 05/30/2014 Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/30/2014 Buver: DOUG CLAPP Note: 2014A Lease Purchase for replacement units 2012SS Line Description Quantity UOM Unit Price Extended Ordered Price i Police Equipment package 1 LOT EA 65,750.30 (7) units - w/cpe + 1/2 cage reference quote #4513 dated 4/15/14 per Jeff Gorsuch z Police Equipment package 1 LOT EA 73,132.00 (8) units - w/cpe + full cage reference quote #4391 dated 4/15/2014 per Jeff Gorsuch (7) units no CPE and 112 cage = $9,392.90 each total of $65,750.30 (8) units no CPE and Full cage = $9,141.50 each total of $73,132.00 Dept: Police Patrol 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 9142991 Page City of PURCHASE 9142991 2 of 3 ' `tChis number must appear ` Collins1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Deliver equipment/ vehicles and documents to: Fleet Services Shop 906 W. Vine Street Fort Collins, CO 80521 contact: Ian or Eric ph# 970-221-6613 —Please call 24 hours prior to delivery" 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 .30 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt tram state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6W0582 is registered with the Collector of Failure of the Purchaser b insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colombo (Ref. Colorado Revised Statutes 1973, Chimer 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 liar goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS RID ECTED due to failure to meet specifications, either when shipped or due 10 defects of any of the warranties or obligations at this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and art not to be replaced except upon receipt of wrinen Purchaser to insist upon strict performance hereofor any arts rights or republicans to any such goods, regardless instructions Ira. the Clay of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase offer by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art majecrao the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS, authorimd payment on the pat of the City of Fan Collins. However, it is in be understand thin FINAL Seller and the Purchaser recognize that in actual economic practice, coemhaents resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection prwdures. violations are in fact home by the Purchaser. Thereroforefor good auu and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herafter Freight Terms. Shipments must be F.O.R. City of Fort Collins, 200 Wood St., Fort Collins, CO 80522, unless acquired tinder Wood or state minnst laws for such overcharges relating to the particular goods or services otherwise specified on this order, U permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany Invoice. Additional charges for packing will not be accepted 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vernal mr, of the country, shipment is Ifthe Purchaser directs the Seller to correct nanconfomting or defective goods by a dale to be agreed upon by the expected man the nearest distribution poi. to deslnumon, 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 are made from greater distance. may cause the work to be performed by Os, most expeditious mean available to it, and the Seller shall pay all comes nominated wiff such won. Pemsits. Seller shall procure at sellers sole cost all necessary Wmtis, certificates and lirenes required by all applicable laws, regulations, ordinances and If, of the .,a, municipality, territory or Wimblil subdivision where The Seller shall release the Furchaer and its mmmetors of any tier from all liability and claims of any nature the work is performed, or required by any offer d ly constituted public forlornly having jurisdiction over the work resulting from the performance of such work. of vendor. Seller fanner agrees to hold the City of Fan Collins harmless from and against all liability and lass tommad by them by reason of an asserted or established violation of tiny such laws, regm.iaus, ordinances, rates This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. dime ars, officers and employees Of turn Party. Authorization. All parties to this contract agree that the representatives are, in fact, been tide and possess full and complete authority to bind said p ;dies. LIMITATION OF TERMS. This Pumimu Order expressly limits aoceptance to the rams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different from, and candidates proposed by seller are objected to and hereby mijMcL 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive on your promised delivery date as noted Time is of the essence. Delivery and performance must be aR<ted within the time sited on the purchase order and the documents attached from. No acts of the Purchaser including, without limitation, acceptance of partial late delivedic, shall operate na 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 of placing this order elsewhere and bolding the Seller liable for damages. Hoarse, the Seller shall not he, liable for damages . a result of delays due to callus nor reasonably Foreseeable which arc beyond its reasonable control ad .,the., its fault of negligence, such azts of God, acts ofcivil or military authorities, governmental pnomirs, fees, offices, flood. epidemics, wars or riots Provided that notice of the conditions caving such delay is given b the Purchaser within five (5) days ofthe time when the Seller first marived knowledge thereof. In the event of any such dela, the dare of delivery shall be extended for the period rated to the time amoliy lost by reason ofthe delay. 3. WARRANTY. The Seller wireams that all guests, asides, materials and work covered by this order will confemt 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 accordance with accepted standards for work of a tailor damn. The Seller agree to held the purchaser hzmde. from any loss, dnnage or expose which he Purchaser may suffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purth red, any defects or faults arising within one (1) year or within such longer period of time as ivy be proscribed) by law or by the term of any applicable waranty provided by the Seller after the date of receptanam of the goods famished hereunder froomptnee nut in be unreasonably delayed), resulting farm nominee, or defective work- done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constiute a waiver of any claim vaster His warranty. Except by otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all deranges proximately caused by the breach of any of the foregoing it as ......faces, but such liability shall in be event indicate loss al'pralits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOS17 SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 1'he Purchaser may make changes 10 legal terns by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other, Oran legal toms, including addition an or octal;... farm the quantities originally oNerd in the specifications or drawings, by verbal or written change order. If any such change affeces the amount due or the time of perfomance bileumler, an equitable adjustment shall be made. 6. TERMINATIONS. 11e Purchaser may at any tine by wrinen change order, aemtinate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work Or materials then in progress provided Il,., the Fulcra— shall not be liable for any claims for anticipated Pirelli, On she uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fin adjuaman reseal be asserted within thirty (30) days from the der¢ the change or termination is offered. 8. COMPLIANCE WITH LAW. The Seller wanams that all goods sold hereunder shall have been produced, sold, delivered and famished in sinll compliance with all applicable Inws and .,.Ia... to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby i ear,ra oad herein by this reference. The Seller agrees m indemnify and hold the Purchaser hamdess from all costs and damages saftma d by that, Purchaser as a remh of the Sellers failure to comply with such I., 9. ASSIGNMENT. Neither party shall assign, trumfex, or convey this order, or any monies due or to become due hereunder without the Prior women cement of the other perry. 10. TITLE. The Seller warranty full, clear and unrestricted title m the Purchaser for all equipment materials, and Items ftanishd in performance of this agreement, Gee and flea of any and all liens, restriction, reservations, security interest encumbrances and claims of others. The Seller's com.aual obligations, including wareafty, shall not be deemed to be reduced, in any way, because such week is Performed or earned 1. be puformd by Me Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patrnt lmdemark or copyright, the Seller shall indemnify and save homeless; the Purchaser from any mod all claims for infringement by mtaam of the use of such permitted design, device, material or process is connection with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended rise of the goods, is in such snit 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 in, said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes nombfdnging IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of credited, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of forms used or the interpretation ofthe agreement and the rights of all parties hereunder shill be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the prem¢a of others. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own risk wail the same is fully completed and accepted, add shall, in enter of any accident, destruction or injury m the work ammor materials before Sellers final completion and acceptance, complete the work at setres own expense add to the satisfaction of the Purchaser. When materials and equipment for fumishad by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials antler equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of narked compensation, including Occupational clean c beeps, Or is employees employed be or in rorearman with the work cooled by this purchase order, and/or to their dependents in accordance with the mass ofthe dam in which rise work k to be doer. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury add death limits of at least 5300,000 for my one person, S500,000 for any one accident and property damage limit Jeff accident of $400,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and Inumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of when, the Seller shall famish the Purchaser with a rertificate that such compensation and insurance have been provided Such cenificmes shall specify the date when such umpensation and insurance have been provided Such certl cal. shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire wort: is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fix any add all damage, loss or injury of any kind or warm whomerver 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 rise Purchaser and any r ell of the Purchasers offers, agents and employees from and against any and all claims. Icones. damages, charges or expenses, whether direct or indirect, and whether to persons or property in which the Purchaser may be Wt or anurct by reason of any It, action, region, omission or default au the pan of the Seller, any of his contractors, or any of the Sellers of contractors officers, agents or employees. In case any suit Or other proceedings shall be brought against the Purchaser, or its o0ieve, agents or employees a1 any dime on account or by reaum of any act, action, neglect, omission or deGnit of the Seller of any of his contractors Or any of its or their ofliced, agents or employees as afrtsaid, the Sena hereby agrees to assume one defense thereof and to defend the saute at the Sellers own expense, to pay any and all ants, charges, momrys fees and other expenses, any and all judgments Oral may be, incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suis or offer proceedings, and in case judgment to rats,, lien be placed upon m Obtained against the prolxny of the Purchaser, or said parties in or as is result of such suits m offer pmcrcdings, the Sella will at matt cause the same to ho, dissohxd and dischmged by giving bond or caborwise. The Seller and his contractors shall Pike all safety precaution, famish add ineall all guards deco vry for the prevention of accidents, comply with all laws and regulations with regard to refcty, including, but without limitmion, the Occupational Safety and Health Act of 1970 and all rates and regulation issued pursvnt thereto. Revised (HaO 0