Loading...
HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9143518PO PURCHASE ORDER 914351 Number Page Cliy, of PURCHASE 9143518 1 of 2 ' `t( olI I ns This number must appear ` `I ` 1 1 on all invoices, packing sli s and labels. Date: 06/20/2014 Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 06/20/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2014 Svs Agmt 2nd Half 1-2196128 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.wnn 1 LOT LS 19,020.00 Total $19,020.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1wMilriffamilinrimu tt er Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By stamen the City of Fort Collins is exempt fmm slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04503. Federal Fad, Tax Exemption Cmified, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. 6ilm, or delay to Internal Revenue, Denver, Calcium (Ref. Colorado Revised Sua e, 1973, Clupfer 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a beach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release be Sella of Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to detects of any of the warmnlies or obligations of this purchase order and shall not be deemed a waiver army eight of the damage in transit, may be Trimmed to you for credit and are not to be replaced except upon snipe of waiden purchaser to imist upon strict performance hereof or any offs rights or remedies m to any such goods, regardless instructions from the City ofFart Collins, of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any nominated oral modification of rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to 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. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recourse that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required important mes nt proJue. violations are m in fact home by the Primmer. Theretofore for good cause add as consideration for executing this pumhare order, the Seller hereby ansigm to the Purchases any and all claims it may now have or hereafter Fmi,hm Tema. Shipments most be F.O.D., City of Fort Collins, 700 Wood St. Fort Collins, CO 80522, udess acquired Who federal cr sate antitrust laws for such overcharges rebating to the radiation goods or services afem'ise specified on this and". If permission is given as prepay freight and change soryrately, be original freight purchased of acqubd by foe Purchaser pursuant to fig purthase order. bill most accompany invoice-Addi serval dames far packing will not be accepted. Shipment Distance. Where manufacturers have demanding Points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess frdidd will be deducted from Invoice when shipments are made Continuum, distance. Permits. Seller shall procure at sellers sale cast all noressmy panties, ce ffi,mes and licenses required by all applicable laws, ec,h rims, -finances and roles ofthe some, municipality, mount, or palllical subdivision where the work is performed, or raloited by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins hmmlees from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules .it requimmems. Amhonmtion. All parries tea this contract agree that the representoo ea are, in fact, bona fide and posses fall and complete authority in bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acOrpomtce to the to. and conditions stated herein set fond and any supplementary or additional forms and conditions aanexed hereto or incorporated herein by reference Any additional m dlfTerem terms and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canna make complete shipment to arrive on your promised delivery date as noted. Time is of tic restrict. Delivery and performance must be eDechad within the time stated on the purchase order and the documents almched herein. No acts of the Purchasers including, without limitation, acceptance ofpsnial late deliveries, shall .,,are as a waiver Fthis provisionhe the event of any delay, the Purchaser shall have, in addition m Other legal and equitable remedies the option of placing this order elsewhere and holding be Seller liable for damages Ilowxveo the Seller shall not be liable for damages as a result of delays due to crusts Out mamrubly foreseeable which me beyond its reavonable control and without its fault of negligence, such acts of Gad, sets ofeivil or military authobties, govemmenal priorities, Gres, strikes, Bond, epidemic, wore or dots provided that nouns of the conditions causing such delay is given to be Puabsser within five (5) days of the time when be Seller first received knowledge mereall In be event of any such delay, the dam of delivery shall be extended far be period al.I to the time acnmlty lost by resan of the delay. 3. WARRANTY. no Seller warranty but all goods, battles, mammals and work coved by this order will conform coif applicable drawings, specifications, samples andor other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of sure and competence in accordance with accepted standards for work of a milar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair of make good, without cost to the purchase, any defects or faults ansing within one (1) year or within such longer period of time in may be presented by law or by the terms of any applicable warranty provided by the Seller after the dare of acceptance of the goods fumishM hereunder (acceplmec not to be umeavambly delayed), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptance or me of goats by the Purchaser shall or trouble es waiver of any claim under this warranty. Except as otherwise provided in this purchare order, be Sellers liability hereunder, shall extend to all damages proximately caused by be breach of any of the foregoing warramies ar gaammtts, but such liability shall in an event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. no Purchaser may make changes to legal mrrm by winds. change older. 5. CHANGES IN COMMERCIAL TERMS. the Purcbromay make any changes to the terms, suite Nan legal terms, including additions to or deletions fmm the quantitiesoriginallyordered in the specifications or drawings, by verbal or written change order. If any such change effects the mount due or the time of performance hereunder, an equitable adjust (shall be male. 6. TERMINATIONS. The Purchaser Only at any time by w'riden change ofor, madinde this agreement as many or all porions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall our be liable for any claims for anticipated pre its on be uncompleted Portion of the goods and/or work, for incidental or consequential damages, and but no such adj erment he made in favor of the Sella with respect o any get which art the Sellers standard stock. No such saturation shall relieve be purchaser or the Seller army of their obligations as 10 any goads delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustmrnt most be extencd within fiery (30) days fmm the date the change or communist is colloid. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stet ompfiunce with all applicable laws and regulations to which the goads 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 be incorporated in agreements of this character are hereby inco Warded herein by this reference. q'he Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages sulTed by be Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pmry shall assign, number, or convey this order, or any monies due or to become due hereunder without be prior venden consent of be other pang. 10. TITLE. The Seller warrants bill, clear and unrestdded lille to the Purchaser for all equipment materials, and items famished in performance of this agreement, have and clear of any and all liens, resuimions, reservations, security informal encumbrances and claims ofofers. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to curtest nonconforming or defective goods by a date to be agreed upon by be Purchaser and be Seller, and be Seller thereafer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all ens msociatcd with such work. The Seller shall relen a the Probaser end its canmnmors of any tier from all liability and claims of any nature resulting from the performance ofs.ch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend b be dincese ,officers and employees of such patty. The Seller's emou clual abligaiom, wefuding warranty, shall not be domed to be duced, in any way, became such work as reformed err canned to be poilmor eel by the Purchaser. Ia. PATENTS. Whenever the Seller is required ro use any design, do,ice, malarial or process covered by letre, patent, trademark or copyright be Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by ¢axon of the rase of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, 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 .it held m wmliture infringement and the use of said equipment or pan is enjoined, the Seller shall, m its awn expense and at its option, either procure for the Purchaser the night to continue ming said equipment or pans, replan the same with substantially equal brat noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If be Seller shall become insolvent or bmd:rup . make an assignment for be benefit of creditors, appoint a or muses., for any of the Sellers property err business, this maker may faMwith be canceled by be Purchma without liability. 16. GOVERNING LAW. The definitions ofterms used or be interpTetaion of the agreement and the rights oral] ponies hereunder shall be comtmed under and governed by the laws ofhe State of Colorado, USA. The following Additional Conditions apply only in where the Seller is to performwork hereunder, including fofe services oSellers Represemative(s), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or mamdat before Settees final completion and acceplamx, complete be work at Sellers owns expense and to be satisfaction of the Purchaser. When materials and equipment rare famished by others for installation or erection by be Seller, the Seller shall receive, unlmd sore and handle same at be site and became responsible therefor as though such moena0 and/or equipment were being famished by foe Seller under be order. 18. INSURANCE. The Sella 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 covered by this purchase order, andtor to their dependents in accordance will the laws of the state in which the work is to be done. The Seller shall den can, comprehensive general liability including, but not limited I., commensal and immobile public liability insurance with bodily injury and death limits of in least S300,000 for any one person, SS00,000 for any one mordent and property damage limit Per accident of $400,000. The Seller shall likewise require his cantraclars, if any, m pre'ido for such c nap rent ime and instance. Before any of be Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumth the Purehmer with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such omprnsafion and insurance have been provided Such emificales shall specify be date when such compemaion and insurance expires. The Seller agrees that such compensation and imurmrce shall he mainainel until after me entire work is completed and arm rnd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass sum be entire responsibility and liability to, any and all damage, loss m injury army kind -,am wlfrox r m Fix rmm or property caused by or resulting from be r.waarinn serum work provided fart Nis purchase order or in connection herewif. The Seller will indemnify and held Functions be Purchaser and any are all of be Purchasers oRcers, agents and emplay. from anal against any and all claims, losses, damages charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be pun or subject by ream- of any act, action, artifact, omission or default on the pan of the Seller, any of his comments, or any of the Sellers or contractors officers, agents or employees In case any suit Or other proceedings shall be Om hl.,are,, he Purchaser, or its officers, agents or employees al any time an account or by reason of any act, nation, neglect, omission or default of the Seller of any of his contmcmrs or any of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same stahe Sellers own expemo, to pay any and all cents, charges, a t..,a fees and be, expenses, any and all jndKments that may be incurred by or obtained against be Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or abuhd against be popery of the Purchase, or said panic in or as a result of such suits Or office proceedings, the Seller will at one moue the same to he dissolved and bacharged by giving bond or otherwise. The Seller and his contractors shall take all safety prtcamiaas, famish and install all guaNs necessary for the pmention of accidents, comply with all Taws and regulations will regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Ramu, Revised 031B310