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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9143624Fort Collins Date: 06/27/2014 PURCHASE ORDER PO Number Page 9143624 1o12 This number must appear on all invoices, packing sli s and labels. Vendor: 126722 Ship To: PARK MAINTENANCE WIRELESS ADVANCED COMMUNICATIONS CITY OF FORT COLLINS 3901 W SERVICE RD 413 S BRYAN EVANS CO 80620 FORT COLLINS CO 80521 Delivery Date: 06/27/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Ranger Vehicle Outfitting 1 LOT LS 5,466.02 ref. invoice # 1-2197270 on Nissan Frontier unit # 24093 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions.B,wdwethe City effort Collins is exempt mean stale and local taxes Our Exemption Number is H-NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifeme of Registry 84-6000587 is registered with the Collector of Failure of the Purehua an insist upon strict performance of the terms and conditions hereof, failure or delay m Intemol Revenue, Dower, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, me acceptance of or payment far goods hereunder or approval of the design, shall nut release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, 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 my right of the damage in transit, may he returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performantt hereof or any of its rights or remedies as to any such goods, mpodless humactions fmm the City of Fos Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purposed am[ modification or rescission of this Purchase order by the PwcM1aver operate os a waiver of any of the terms Inspection. GOODS are subject to the City of Fos Collins, inspection on swivel. hereof. Final Acceptance. Receipt of be merchandise, services or equipment in ramose to this order can result in authorized pa5+nant on the pan of the City of Fan Collim. However, it is to be understand but FINAL ACCEPTANCE u dependent upon completion of all applicable re,dr l inspection procedures. Freight Tomes. Shipments nut be F.O.B., City of F. Calif., 700 Wood St., Full Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and change separately, the original freight bill most accompany invoice. Additional throws for packing will not be wermad. Shipment Distance. More manufacturers have contributing points in various pans of be mumry, shipment is expected fmm the oared distribution point to destination, unit excess freight will be deducted from Invoice when shipments are made fmm greater distamx. Permits. Sella .ball procure as sellers sole cost all ecesvry permits, certifiata and licenses required by all applicable laws, regulations, ordinances and mlcs ofee sole, municipality, terrimry or political subdivision where the work is performed, or required by any other duly ownflo red public authority having jurisdiction over me work of .order. Seller fuller agrees to hold the City of Fiat Collins hornless from and against all liability and loss incurred by them by reason of an asscned or established viol an on of any such laws, sign Iatimns, ordinances, mla all requirements. - Authorivtion. All parties to this contract agree that the rcprewnertiva sm, in fact, born fide and possess full all mmpl.a authority to bind said panics. LIMITATION OF TERMS. This Purchase Order aa,..Iy limits aceptane m the Is. and c ulditiom stated herein set firth and any supplementary or additional tests and conditions annexed hereto or incoryomtad herein by reference. Any additional or different tests and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date in noted. Time is of the essence. Delivery and performance sun he effected within the time stated on the purchase order and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate. a waiver of lhia provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable amedics, the option of plain, this order elsewhere and holding me Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to names not resonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts afcivil or military authorities, gm emmental priorities, fires, strikes, flood, epidemics, won or riots provided bar notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date Of delivery shall be extended for the pencil equal to the time actually lust by reason of the delay. 3. WARRANTY. The Seller warrants that sll goods, articles materials and work covered by this order will conform with applicable drawings, specifications samples ismArr other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competntce in record are with accepted terminals fir work of a similar nature. The Seller agrees to bold the purchaser harmless farm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella. Acceptance or use of goads by the Purchaser shall not rorows. a waiver classy claim under this wanart y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties 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 Pwchaer may make changes to legal tetras by isomers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, office than legal terms, including additions an or deletions fmm the quantities originally ordered in the sperifmtiom or drawings, by verbal or woman change order. If any such change aU ts the amount due or the time ofperforrance hereunder, an cqumble adjustment shall he made. 6. TERMINATIONS. The purchaser may at any time by wOnen change wor. terminate this agreement as to any or all nano- of be goods then not shipped, subject to my ry.table adjutrart betwren the Of. u to any work or materials then in progress provided but the sometimes shall not be liable for any claims for anticipated preNs on the uncompleted portion of the good .Misr work, for incidental or consequential damages, and flow no such adjustment be made in favor office Seller with taped to my goods which arc the Sellers woodland stock No such renninallon shall relieve the Purchases or me Seller efmy of Nair obligations.,a any good delivered hereunder. ). CLA MS FOR ADJUSTMENT. Any claim for adjustment most Ixe asserted within thirty (30) dap fmm the date the change or termination is ordered, 8. COMPLIANCE WITH LAW. The Seller wwmnB but all good sold hereunder shall have been produced, wld. delivered and fumished in water compliance with all applicable laws and regulation to which me good am subject. The Seller shall exeeme and deliver such d«oments as may be required to effect or evidence complhnce. All laws and regulations rtquimil to be incorporated in agreements of min character are hereby incoryorated herein by this reference. The Seller agrees an indemnify and hold the Pumhwer harmless fern ell costs and damabes suffered by me Purchase, u e resull of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pas shall assign trans(, or convey this order, or any mania due or to became due hereaunder without be prior, written an, of the omen pan,. 10. TITLE. The Seller warrants fall, clew and waresWeded title to the Purchua for all equipment, materials, and items famished in performance of his agreement, free all clear of my and all liens, noroairms. reservations, securily Imems, encumbrances anal claims of others. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Pumbasa recognize mat in anal o to practice, o emhisges resulting firma antitrust violation are in fact home by the Formula. Theretoforenfor good cause and as consideration far executing Nis purchase order, the Seller hereby aaigns to the Purchaser any and all claims it may now have or hereafter acquired order federal or state stirs., laws far such overehw8a relating to the particular goods or services purchased or acquired by me Purtoua pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Porches and the Seller, and me Seller thereaftter indices its inability or unwillingness W comply, the Furchaser may cause the work to be performed by Ne most expeditious mews, available to it, and me Sella shall pry all costs aswclated with such work. The Sella shall release, the Parchua and its contractors of my tier flown all liability and claims of any more resulting fmm the perf ram ofsuch work. This release shall apply emir in me ecn, of fault of negligence of the party slowed and shall extend to me drivers, offie—and employees of such party. The Selle's contractual obligations, including warranty, shall not be domed to be reduced, in any way, because such work u performed or named to be performed by the Purchaser. 14. PATENTS. Whenever me Seller ui rmuired to use my design, device, material or process covered by lever, patent, trademark or copyright, me Seller shall indemnify and save harmless the Purchaser fern any and al I claims for infringement by mason of me use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan therm( or the intended use of the goods, is in such suit held to constitute infringement and the ere of said equipment or pm is enjoined, be Seller shall, at its own expense and at its option, either procure for the Purchaser the right to contbtue using said equipment or parts, replace the same with substantially equal but nuninfdnging equipment, of modify it so it baomes eninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bo down, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property Or business, this aide, may forthwith be canceled by the Purchaser.,me., liability. 16. GOVERNING LAW. The definitions of terms used or the interyretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in emes where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella, shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in eve of any accident destruction or injury to the work anNor mmmals before Scllds final mmplclion and acceptance, complete the work at Saves own expense and to the satisfaction of the Purchaser. When instantly and equipment we fiunished by others for installation or erection by the Seller, the Seller shall receive, Orland, store and handle same at be site and become responsible therefor as though such minerals md'or equipment were being fmisbed by the Sella under the order. 18. INSURANCE The Seller shall, at his own expense, provide for be payment of workers mmpcmation. including comptional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andtor to men dependeno in accordance with the laws of the stale in which be work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bndily inquiry and dead, limits of at least S300,000 for any one person, S50O." for any one accident and property damage limit per acidend of S400,000. The Sella shall likewise require his conarromm, H ant, as provide for such compensation and insurance. Before any cruse Sellers or he, contmcnn employees shall des my work upon the premises of others, the Seller shall firm b the Purehuon with a renifirom Nat such compensation and insurance have been provided. Such cembrom shall specify the date when such mmpemation and insurance have been provided. Such cenificates shall specify the date when such compensation and warsom expires. The Seller agrees that such compensation and imumno shall be maintained until mor the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the come msponsibild, all liability firany all all damage, loss or injury of any kind r nature whatsaver to persons or property caused by m resulting fmm date execution ofthhe work provided for in this purchase order or is connecliw he ariN. The Seller will indnmmify all hold M1wrnlow the Forhsser and any r all of me Purchasers offers, agents and employees fmm all regains, my and all claims, losses, dame ex. charges or expose , whether direct or indirect, all whether to prawns or property to which be Purchaser may be put or subject by reason of my set, action, neglect, omission or defaull on the pan of be Seller, my of his oureptors, or my of be Sellers Or commuclares officers, agents or employees. In case my suit or other proceedings shall be brought against the Functional, or its officers, agents or employers al my time on warrant or by remain of my act, action, neglect, omission or default of the Sella of my of his contrectors m any of its or their officers, ages. or employees a aforesaid the Sella hereby agrees to assmrc be defame therm( and to defend be same at be Sellers own expense, to pay my and all mots, charges, aaomcp fees must omen exposes. my and all judgments but may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employes in such suits in other proceedings, wit in ease judgment in other lien he placed upon or obtained against the property of be Purchases., or said parties in or u a result ofsuch suits or other proceedings, be Seller will to one, ruse the same Ip be dissolved and divemrsed by awing bond o, otherwise. The Sener and his w amorlors shall take all safety precondition, finish and unfit all ,wards am., far the pm'emima of accidents, comply with ill laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03I2010