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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9143333PO PURCHASE ORDER 914333er Page CI�/ of PURCHASE 43333 t of z Flirt Collinsr his number must appear !"_`�,/`' ` V " �7 on all invoices, packing sli s and labels. Date: 06/13/2014 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: 06/13/2014 Buyer: DOUG CLAPP Note: 2014A LP swap 21650 to 21664 Line Description Quantity UOM Unit Price Extended Ordered Price Police Equipment package 1 LOT EA 2,237.00 (1) unit swap equipment etc. reference quote # 7774 dated 6/11/14 per Jeff Gorsuch Dept: Police Contact: Ian oh# 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@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Condit ons Page 2 of 2 1. COMMERCIALDUA1LS. Tax exemptions_ By sortie ?be City of FOR Collins is exempt fmm site and local noun. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Centfimm of Registry 84-6000582 is registered with the Collector of Inmmal Revenue, Demxr, Colorado (Ref Colasado Revised Statutes 1923, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specification, either when shipped or due m defeats of damage in transit may be returned a you for credit and arc not to be replaced except upon receipt of women instructions fmm the City of Fan Collins. hkspecxwo GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment N response Ip this order can result in authorized payment on the pan of the City of Pon Collins. However, it k in be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable tequired inspection procedures. Freight Terms. Shipments must be F.O.B., Ciry of Fort Collins, 200 Wood Sr, Fort Collins, CO 80522, to, otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manor.,.. have distributing points in various pans of the country, shipment is expected ram the nearest distribution point on destination, and excess freight will l e deducted from Invoice when shipments are made from greater distance. Paramus. Seller shall Fiavre at when sole cost all necesmry pnmirs, certificates and Itcerses required by all applicable laws, regulations, ordinances and rafts of the some, municipality, territory or political subdivision where the work is pedbrmed, or required by any other duly combined public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of FOR Collins harmless from and against all liability and loss incurred by them by reason of con assened or established violation of any such laws, regulmionn, on innnces, mles and requirements. Authorization. All parries to this contract agree that the representatives are, in fact, bona Ode and possess full and complete authority to bind said notes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set form and any supplementary or additional terms and conditions amrexM hereto or infomorated herein by reference. Any additional or dilferenr corms and conditions proposed by salter art objected Io and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immndifely if you cannot make complete shipment m amve on your Promised delivery dare as noted. Time is of the essence. Delivery and performance must be erected within the into mined on the purchase order and the doamrns attached hereto. NO acts of the Purchasers including wlthom limimlow, acceptance of I art late deliveries, shall Oµmm as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal aad equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result Tdelays due to causes vat reasonably fortsecable which are beyond its reasonable control and without its fault of negligence, such acts of God, acrs ofeivil or military i ul rocames, govemmenml priorities, fires, strikes, Hood, epidemics, wars or riots provided mat notice of the conditions causing such delay is given to the Purchaser within five (5) days of me time when the Seller first eceived knowledge dorm[ In due event of any such delay, the dam of delivery shall be extended for the period equal to me time actually lost by reason ofthe 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 accordance with accepted standards for work of a similar more. The Seller agree to hold me purcluser harmless from any loss, damage or expense which the Purchaser may, suffer or incur on ammorm ofine Sellers breach of warranty. The Seller shall replace repair cr make good, widout rost Ira me purchaser, any defects or faults arising within are (1) year or within such longer period of time as may be presmbed by law or by me to. of any applicable wvranty provided by the Seller after me date of mceptance of the grads bandstand hereunder (acceptance of on be umeaconably delayed), resulting from imperfect or defective work done at materials furnished by the Seller. Acceptance or use of good by me purchaser shall not constitute a waiver of any claim under this warranty. Except as ¢ben ace provided in this purchase order, the Sellers liability hereandor shall extend to all damages proximately caused by me breach of any of the foregoing wartarrues or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temts by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other man legal terms, inclading additions to or deletions fmm me 9—tin- imil rally ordered in de specifications or drawings, by verbal or —a- change order. If any such change afrects me amount due or me time of wrfiwwwye hereunder, an x,manble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any tint, by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties ne to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pills on the uncompleted manor of me good and/or work, for incidental or comarRomial damages, and that no such adjustment Into made m favor of the Seller with respect to any good which are de Sellers standard stock. No such termination shut relieve the Pornhuer or me Seller of any oftheir obligations az to any good delivered hereunder. 2. CLAIMS FOR AD3USTME.NT. Any claim for adjostment mast be assened within thirty (30) days from me rime me change or tcnairmtion w ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict Omplimm with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be tncoryomted in agreemens arid, character are hereby incorporated herein by this reference. The Seller agrees Io indemnify and hold the Purchaser harmless fmm all toss and damages surfaced by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, marsfer, of convey mis aMer, or any monies due for Io become due remainder xidom the prior wrnen common ofthe other parry. 10. TITLE. The Seller warrants full, clear and rommicted title to the Purchaser for all equipment, materials, and items f ished in performance of this agreement, free and clear of any and all liens, resniconas, reservations, "way interest encumbrances and claims ofothers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m arights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, ny the acceptance of or payment for goods hereunder or approval ofde design, shall rot release the Seller of any of the warmsties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies u to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oil mall hration or rescission of this Purchase order by the Purchaser operate as a waiver of any of the ¢cons hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser morrow that in actual economic practice, overcharges resulting fmm antitrust violations are in fan home by the Purchaser. Theretofore, for good carry, and res consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or ware antitmm laws for such overcharges relating m the particular goads or services purchased or acquired by the Purchaser pnrseant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to scrttm nonconforming or defective goods by a dare to be agreed upon by the PurcM1nser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cosrw fachwimed with such woo. The Seller shall release me Purchaser and its compactors of any tier fmm all liability and claims of any wire resulting from the performance ofsuch work. Ibis release shall apply even in the event of fault of negligence of the party released and shall extend to the duccmrs, offli and employes of such party. The Sellefs contractual obligations, Including warmtly, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by me Purchaser. 14. PATENTS. Whenever de Seller is required to use any design, device, material or process covered by homes. patent, mademart or copyright, de Seller shall in emnify and save harmless the Purchaser from any and all claims for infringement by msan or the use of such pleated design, device, material at process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any time dating the pmsnution or after the completion of the work. In case said equipment, or any pan thereof or the intender) use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own capons, and at its option, either procure for the Purchaser the right to continue using said cgoipment or parts, replace the same with substantially equal bur msninfdnging equipment, or modify it so it becomes nortinfdnglng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me It of creditors, appoint a receiver or trustee for any of the Sellers proeny or business, this nNer may bandwidth be canceled by the Photons, without liability. 16. GOVERNING LAW. The definitions of terms used or the inrerpmn ann ofine agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Slate of Colorado, USA. The fallowing Additional Conditions apply Only or cages where the Seller is to perform work hereunder, including the services of Sellers Represenativeb), Oa me premises ¢foram. 17. SELLERS RESPONSIBILITY. Tbe Seller shall carry m said work at Seller's own risk until the same u fully completed and accepted, and shall, in cox of any accident, destruction or injury to me wad and/or materials before Seller's final completion and ucccptance complee me work at Setleh own expense raw to me smisfactior of me Fmchaco, When materials and equipment are famished by he. for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such rnarerials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of %warm compensation, including Occupational dtu ce herons, to its employees employed on or in connection with the work coverd by this purchase order, candor to their dependents in zecordsom with me laws ofine slate in which the work w to be dome. The Seller shall also carry comprehensive general liability including, but rot limited to. contractual aM automobile public liability insurance with bodily injury and death limits of a least S300JX o for any one season, S500,000 for any one incident and property damage limit per accident of S400,000. The Seller shall hkcwiu require his contractors, if any, to provide for such rompemation and insurance. Before any of me Sellers or his contractors employees shall do any work upon the premises of omers, me Seller shall famish the Purchasm with is « Arcata that such compensation and insurance have been provided. Such certificates shall specify the dale when such umpensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such comp nsation and insurance shall be maintained until after the entire work is completed and accepted. V. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raponsibild, and liability for anyand all darnam. loss or injury ofany kind or vture whatsce.er to persons or property caused by or tauhing from the exeatian ofine work provided for in mix purchase order or in commotion herewtd. Tbe Seller will indemnify and hold harmless tbe Purchaser and any, r all of the Purchasers offli agents and employees fmm and against any and all claims, losses, damages, charges or captives, whether direct or indroot, and whether, to persons or propmy to which the Purchaser may Ps, put or subject by reason of any act, action, neglect, omission or default on me pan of me Seller, any of his conuacmrs, or any of the Sellem or contractors officers, agents or employees. In case any suit or Other proceedings shall he bought against he Purchaser, or its officers, agents or employees not any time on account or by reason of any act, action, neglect, omission or detach of me Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, de Seller hereby agrees to assume the defense thereof and to defend the same in the Sellers own expense, to pay any and all costs, charges, attomeys fees aM other expenses, any and all judgments that may he informal by or obtained against the Purchaser or any of is or their oRcm, agents or employees in such suits or other proceedings, and in case judgment m other lien be placed upon or obuincd against the pu perry ofine Purchaser, or said parties in or as a result ofsuch suits or other Proceedings, me Seller will at mire cause me same to be dissolved aM discharged by giving bond or otherwise. Tbe Seller and his contractors shall take all safety precautions, fiuvish and IRsmll all goad necessary for the prevention or accidents, comply with all has and regulations with regard to safety including, but without hmimtton, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursoann d ram. Revised 037010