HomeMy WebLinkAbout375270 ACCUVANT INC - PURCHASE ORDER - 9143137Fort Collins
Date: 06/05/2014
Vendor: 375270
ACCUVANT INC
1125 17TH ST SUITE 1700
DENVER CO 80202-2032
PURCHASE ORDER
PO Number Page
9143137 11O12
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 06/05/2014 Buyer: ED BONNETTE
Note: PER QUOTE #QT-175470 DATED 5/13/2014 FROM GARTH OLIVERIA TO
TOM HATFIELD AT PFA; TO REPLACE AND UPGRADE PFA WIFI SYSTEM.
Line Description Quantity UOM Unit Price Extended
Ordered Price
t WiFi System
AT-175470
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
21,531.75
$21,531.75
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 stone the Ciry of Fan Collie is exempt fmm state vnd Intel mxes.0ur Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cedified, of Registry 84-6000587 is registered with the Coleco, of
Failure of the Purchaser to insist upon strict performanm of the terms and conditions himself, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Salinas 1923. Chapter 39-26.114 (a).
exercise any rights or mnNies 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 w approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet spot i ficatimns, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in Imnsil, may be returned to yen for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict perfomance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Too Collins.
of when shipped, received or accepted, to to any prior or subsequent default hereunder, nor shall any purported
and modification or rescission of this pumhau order by the Purchaser operate as a waiver of arty of the teats
Inspatic.. GOODS are subject o the City of Too Collins inspection on radical.
hereof
Final Accemani Receipt of the merchandise, screaces or equipment in response R, this order can result in
12. ASSIGNMENT OF ANTITRUST CL ,INIS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser r.ogniu that in atonal economic practice, overcharges resulting from antitrust
pcedures.
ACCEPTANCE is dependent upon completion ofall applicable mryimd inspection ro
i
victim. ae as borne fuel by the Purchaser. Theremforefm good cause mM as mnsidermim for executing this
purchase miler, the Seger hereby assigns to the Purchaser any and all claims it may now lame or hereafter
Freight Terms, Shipments must be FOB,. City of ran Collins, 901 Waal St., Tom Collins, CO 80522, unless
acquired under federal or slate anda ral lax. fir such overchmges miming to the puticular goods or services
othewiss specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purcbsser pmto this purchase order.
bit must accompany invoice. Additional charges for packing will oat be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dionbating points in varim, pans of the country, shipment is
I f the Purchaser directs the Seller to cancer nonconforming or defective goods by.&to to be.,enduNo by the
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipment are made form greater dismaer.
may cause the work to be performed by the most expeditious means available to it, and the Sal ler shall pay all
costs associated with such work.
Permit. Seller shall procure at sellers ..In cost all necessary permits, on ifimas and littnses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly corso mted public am canny having jurisdiction over the work
of vendor. Seller further agrees to hold the City of row Collins harmless fmm and against all liability and loss
incurred by them by reason Orion asserted or established violation of any such laws, encomiums. ordinances, rules
and requirement.
Aothorisatim. All panic to this contact agree that the represenmtivu arc, in fuel. bam.'s fide and possess full vad
amplem authority or bind said parries.
LIMITATION OF TERMS. Phis Purchase Order expressly limits arceplance to the harms and conditions matd
herein set forth and any supplementary or addiri... I terms and conditions arrested here,. of arearpmahad herein by
reference. Any additional or different ironical conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyw cannot make complete shipment to arrive on your
pmmised delivery dare m noted. Time is of the essence. Delivery and performance must be efleened within the time
sated on the purchase order and the documents marked hereto. No acts of the Purchasers including. without
limiatim, azceplance.(panial late deliveries, shall operate as a notes, oldies provisom. In the event of any delay,
the Purchaser shall have, in addition to other legal and ec iable remedies, the option ofplacing this work, elsewhere
and holding the Seller liable far damages. Howe+,. the Seller shall not be liable fir damages as .,welt of delays
due to muses not reasonably forseeable which are beyond its reasonable control and without its fault ofnegligmce,
such act of Gad, was of civil or military authorities, govemm rral pdontics, fires, strikes, flood, callouses, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of toe
time when ,he Seller first received knowledge thermf. In the event of any such delay, the dam of delivery shall be
extended for the period equal to the time actually lost by reason cribs delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work tweed by this order will conform with applicable
drawings, specificaliors, samples andior other descriptions given, will be fit for the purposes intended, and
peg ,red with the highest degree of cart and competence in accordance with accepted stndmis for work of a
similar aamre. The Seller agrees m hold the purchaser harmless farm my loss, damage or exposs, which the
Perch r may fiber or i.e. on account of the Sellers branch ofw'arranty. The Seller shall rend., repair ar make
good, without cost,. rise purchaser, any defect or faults arising within one (1) year at within such longer period of
time as may be presented by law or by the tern, crony applicable warranty presided by the Seller area the date of
acceptance of the goods fvmished hereunder (acceptor« nor of be......My delayed), reselling from imperfect
or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, the Sellers
liubil ity hereunder shall extend to all damages proximaaly caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRAN fY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal It. by written change older
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes A the arms, other than legal terms, including additions to or deletions fmm
Ili. quantities originally ordered in the specification, m drawings, by mutual or woman change order. If any such
change alfens the amours, due or the time ofpedorrmnce herandea an of itabli, adjustment shill he made.
6. TERMINATIONS.
'Ibe Purchaser may at any lime by written change order, terminate this agreement as to any or all portions of the
goods then not shipped subject to any equilable adjustment between the p:mies as to an, work or materials then in
progress provided Out the Purchaser shall not be liable for any claims for anticipated profit on the uncontpated
portion of the goods and/or work, for incidental in mme,enti it damages, and that ne such adjustment be made in
Live, of the Seller with respect a any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
P. CLAIMS FOR ADJUSTMENT.
Any claim fro exhortation mast be reurted within thirty (30) days from the dese tlrc change or termination is
worercl.
8. COMPLIANCE WITH LAW.
The Seller warrant that all goods sold hereunder shall have been produced, said. delivered and famished in stud
compliance with ill applicable laws and regulmom to which the goods art subject. The Seller shall execute and
deliver such documents as. may be required to effect or evidence compliance. All laws and regulations Occurred a be
ncor ousted in agreement of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless front all cost and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due at to become due hereunder without the
prim wainen consent error other parry.
IO.TITLE.
The Seller appear, full, clear and Wisecracked title to the Purchaser for all equiprnenr, mmerials, and items fumishW
in efficurnecare of this agreement, free and clear of any and all tiers, ratrictiana r,maa.-. seconry lowest
mcumbmne. and claims of ethers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any wore
nulling farm the Micrmance of such work.
This release shall apply even in the event of fault of negligence of the By rele.,d ad shall extend to the
dhecan, oRcers cud employees.fsuch parry.
The Seller's contractual obligations, including immunity, shall not be dead to be reduced, in any way, becouse
such work is peRamted or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to me any design, device, material or pro¢ss coved by lever, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser Co.. any and all claims for infnngement
by reason of the use of such patented design, device, minimal or process in connection with the contract, and
shall indemnify the Purchaser for any emt, 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 equipment or
any pan thereof or the intended use of the goods, is in such suit held to combine mincemeat and the use of
said tyair—, or pout is mjoind, the Seller shill, ar its own expense and at it option, either p .am for the
Purchaser the right to continue using said dluipmeal or pans, replace do, same with substantially actual but
...infringing iWapmmt. w modify if so it becomes noninfdngut,
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpr, make m assignment for the borer, or madows, appoint a
receiver 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 defirtllhms arm., used or the interpretation of the agreement and the right of al I parties hereunder start be
onswed order and governed by the laws ofhe Sate of Colorado, USA.
The following Additional Conditions apply only to cases where the Sella is a perform am& hereuudeq
including the services of Sellers Represenanive(s), on the increases armhole.
IP. SELLERS RESPONSIBILITY.
The Sella shall tarry on said work at Sellers owes risk until the same is fully completed and accepted, and shall,
in rase of any accident, destruction or injury in the work maker materials before Sellers firm] completion and
.cepance, complete the work of Sellers awn expense and to the satisfaction ofhe Purchaser. When o sterials
and equipment are famished by others for installation or erection by the Sella the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Payment of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work revered by this purchase order,
wiper to their depeudent in accordance with the laws or the sate in which the work is a be dome. The Seller
shall also try comprehensive general liability including, but out limited to, contractual and automobile public
liability insusance with dNily injury and death lesson of at least 5300,000 for any one person, S50O." for any
one accident and property damage limit pa accident of S400,000. The Sella shall likewise require his
coneraction, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a modicum
that such r-Wismation and insurance have been Provided Such recourses shall specify the date when such
ompens coon and insurance have been provided. Such cenlfimhas shall specify the data when such reorientation
and in expires. The Seller agrees That such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby incomes the entire responsibility and liability for any and all damage, loss Or injury army kind
or nature whatcever to persons or property caused by or resulting fmm the eamrion of the work provided for in
this purchase order or in connection herewith_ The Sella will indemnify and held harmless One Purchaser and any
r .11 of the Purchasers officers, egem. and employees from and .gains, any, and all claims. losses, damat
charges or expenses, whether direct at indium, and whether to pessom or property to which the Purchaser any
be per or subject by reason of my on. action, reglc, omission m default on the pan of the Seller, any of his
contractors, or any of the Sella or contractors officers, agmt or employees. In case any suit or other
pr.eedings shall be brought against the Purchaser, or it officers, agents or employees A any time on account or
by reason of any on, action, neglect. omission or default of the Seiler of any of his contractor, or any or it or
their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, at pay any and at I cents, charges, atonmeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their officers,
agents or employees in such suits or other proceedings, 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 of such suits or other proceedings,
the Seller will at one cause the same to be dissolved end dischmgd by giving bond or otherwise. The Seller and
his contractors shall take all safety pecau ions, furnish aud install all guard necessary 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 wes and regulations issued parsuant there..
Revised On010