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HomeMy WebLinkAbout187499 POUDRE FIRE AUTHORITY / NCRCN - PURCHASE ORDER - 9144975PO PURCHASE ORDER 914497er Page CClt�/ of PURCHASE 975 1 of 3 ' `t Collins( hisnumber must appear �.I " �7 on all invoices, packing sli s and labels. Date: 08/28/2014 Vendor: 187499 POUDRE FIRE AUTHORITY / NCRCN 102 REMINGTON ST FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/27/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 RADIOS UTILIZING NORTHERN CO 1 LOT LS 263.00 REGIONAL COMMUNICATION NETWORK 2 RADIOS UTILIZING NORTHERN CO 1 LOT LS 5,786.00 REGIONAL COMMUNICATION NETWORK . 3 RADIOS UTILIZING NORTHERN CO 1 LOT LS 3,142.23 REGIONAL COMMUNICATION NETWORK , A RADIOS UTILIZING NORTHERN CO 1 LOT LS 1,197.27 REGIONAL COMMUNICATION NETWORK 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of /11�, art Collins PURCHASE ORDER PO Number Page 9144975 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 RADIOS UTILIZING NORTHERN CO 1 LOT LS 1,380.75 REGIONAL COMMUNICATION NETWORK e RADIOS UTILIZING NORTHERN CO 1 LOT LS REGIONAL COMMUNICATION NETWORK Total 1,380.75 $13,150.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETARS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Catifoa a of Registry 84-6000587 is registered with the Collector of Formal Revenue, Denver Colorado GOT Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in =real, maybe resumed to you for credit and are air to be replaced except upon stint of written imtmetions from the City off. Collin. Itsspeclion GOODS are subject to the City of Fan Collins inspection oa we val. Final Acceptance. Receipt of the merchandise, services r equipment i response to this order c es rult in authorized payment on the pan of the City of pan Collins. However, it is ra be understood that FINAL ACCEPTANCE is dependent upon completion Mall applicable required inspection procedures. Freight Terms. Shipments most be F.O.E., City of Fun Collins, 700 Wood St., Fad Collins, CO 80522, unless otherwise specified on this order. H pnmission is given to prepay freight and charge ",.rely, the original freight bill most accompany invoice. Additional charges for packing will not he accepted. Shipment Disame. Where manufacturers have distributing Points in varricab pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be daluded from Invoice when shipments are made from gmmrr distance. Permits. Seller shall procure at sellers sole cost all neeeasory permits, caffientn and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller lumber agates to hold the City of Fort Collins families from and against all liability and loss incurred by them by owson of an assumed or enablished violation of any such laws, regulation, ordinances, pules and requirements. Amheariomm. All parties to this ememict agree lit t the rrpreaenmlives are, m fuel. bona fide and pauess full and complete authority to bind avid polies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions sated herein set forth and any supplementary or addhiunal tents and conditions annexe) hereto or incorporated herein by ma ctec Any additional or different tames and conditions proposed by sel far am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immalimoly if you mount make complete shipment to arrive on your promised delivery dine as noted. Time is of the rune. Delivery and peoficamntt mesa be eeemed within me time stated on the purchase order and the documents attached ha te. No was of the Purchasers including, without limitation, acceptantt of partial late defivenca, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition 10 other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ore beyond its reasonable control and without its fault of negligence, such acts of God, ours aF,imil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of $e time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be extended far the period equal to die time actually last by reason of the delay. 3. WARRANTY. The Seller warrants tied all goad, articles, patterns nor work covered by this order will conform with applicable drawings, specification, samples andsor other descriptions given, will be fit for the poryos , intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees 1. hold the purchaser hamiless from any lass, damage or expense which the Purchaser may surfer or incur on account of the Scllers brach of warranty. The Seller shall replace, repair or make good, without cost to the purchases any defects or fanits arising within one (1) year or within such longer period of time as maybe prnedbed by law or by the If. of coy applicable warranty provided by Ne Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), reaching from imperfect or defective work done or matenak fiumished by the Sella. Acceptance or use of goad by the Purchaser shall not concentrate a waisa army claim miler this waterway. Except as otherwise provided in this purchase molar, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gra antas, but such liability shall in no event include loss ofprofirs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal mrms by written change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes of the were, other than legal terms, including s ldition to at deletion from the quantities originally ordered in the spcifiestion or drawings, by vabal or writtim change order If any such change affects Ne amount due ar Be, time ofperfommance hereunder, W equitable adjustment shall W made. 6. TERMINATIONS. The Paribas,, may a1 any time by written change aide,, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panic as to any work or materials then in Pmgress provided Mar ale Purchaser shall not be liable for any claim. far anticipated profits on Ne are mnpleted Portion of the good andtor work, for incidental Or consequential damages, and that no such adjustment be made in favor offer Seller with rapier to any goods which arc the Sellers standard stork. No such menmeation shall relieve the Purchaser or the Sella ofany ofthelr obligation as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nsemad within thin (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject The Seiler shall execute and deliver such document as may be "moral to after or evidence compliance. All laws and regulations acquired to be incorporated in agreements of this character art hereby incorporated herein by Nis reference. The Seller agrcn of indemnify and hold the Purcmuer 1arm1en fear. all ants and damages io ffeml by the Purchaser as a result of the Scllers failure m amply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey Bus order, or any monies due or to become due hereunder without the prior women commit ofthe other parry. 10, TITLE. The Sella warrants full, clear and maintained title to the Purchaser for all equipment, materials, and item famished in perfomuance of this ugrermen4 free and clear of any and all liens, restriction, reservations, aeimrity moment encumbrowes and claims ofodo rs, I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to caludle any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance of or payment far good hereunder of approval oflhe design, shall not release the Sella of any of the wananties or obligations of this purchase Omer and shall not be deemed a waiver of my right of the purchaser to imist upon strict performance hereof or any of its rights or remedies as many such goods, regardless of when shipped, madvcd o accepted, as to any prim or subsequent default hereunder, nor shall any porported am] much firmion or rescission of this pe rvhme, owner by the Purchaser opente as a waiver of my of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognim that in actual accurate procure, overcharges, resulting from antitrust violations are in fact Nome by the Purchaser. Theremforenfor good cause and as consideotion let ea ... ting Nis purchase order, the Seller hereby assigns to the Fain ttr any and all claims it may now have or hereafter acquired under Were] or state amivust laws for such overcharges relating to the particular goods or services purchased ar acquired by the Purchaser pursuant to Nis potcM1ase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dints rise Seller to correct nonconforming or defective good by a date to be agreed upon by the Producer and the Sella, and the Seller thereafter indicates its inabiloy or unwillingness of comply, the Purchaser may cane the work to be performed by the most expeditious forms available to it, and the Seller shall pay all cosh associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This relearn shall apply even in the event of fault of negligence of the party relessal and shall extad to the directors, officers and employees of such putty. The Sellers contactual obligation, including wamanty, shall not be domed to he reduced, in any way, because such work is performed or caused m be performed by ffe Pmchues. 14. PATENTS. Whatever the Seller is required ra use any design, device, material .t process covered by letter, pnnn, trademark or copyright. lbe Sella shall indemnify and save harmless the Purchaser from any and all claims for infnngemem by reason of the use of such patimmd design, device, material or process in connection with the contract, and shall indemnify, the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prnsecution or after the completion of the work. In case said equipment, or any pan thereof or the intended are of the goods, is in such suit held to corstime infringement and the use of said compound or pan is regional, ffr Seller shall, w its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially rattail but noninfonging equipment, or modify it so it becomes no unfringin,. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint if receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchaxr without liability. 16. GOVERNING LAW. The definition Orleans used or the interpretation ofthe agreement and the rights afa11 penis hereunder shall be ontrued under and govemed "it laws ofthe Suite of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RepresentatiOD), oa the mmuses.[Others. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work a1 Sellels own risk -61 ffe same u fully completed and sampled, end shall, in case of any accident, destruction Or injury to the wait an w materials before Sellers final compleio t and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchntt. Whim materials and equipment am famished by others for intallation or sp ctim by the, Seller, BE, Sella shall receive, unload store and handle same at the site and become map oxible therefor as though such materials andsor equipment were being furnished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide I'or the payment of workers compmsation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this puchase order, and/or to their dependents in accordance with the laws of the star in which no work s to be done The Seller shall also any camprrhenive general liability including, but rot limited to, economical and automobile public liability inuamc with readily injury and death omits of at mast S30Ud100 for any one person, S500d100 for any one accident and propery damage limit per accident of 54W,000. The Sella shall likewise require his onuaemet. if any, to provide for such compimssion and insurance. Before any of the Sellers or his amoucma employees shall do any work upon the premiss of others, the Sena shall famish the Purchase, with a ceniewte not such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work u wmplemal and ac mpted. 19. PROTECFION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the more mspoasibility and liability for any vnd all damage, loss or injury army kind or mture ealfromearm to persons or property award by or resulting from the execution of the work provided for in this purchase order Or in connection herewith. The Sella will indemnify and hold harmless Ne Purchaser and any r all of the Purchasers officers, agents and employees tram and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Amon or property to which the Purchaser may be at or subject by reason of any act, amain, raglan, .mission or default on the pan of the Seller. any of his containers, or any of the Seller or contractors officers, agents or employees. In case any fair or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on acme nt or by mason of any act, anion, neglect, omission as default of the Seiler of my of Nis contractors or any of its or their offer, agents or employees as afmresaid, no Seller hereby agrees an assume the degrees, thermf and to defend the same a1 But Sellers own expense. m coy any and all costs, charges, aaomesc fees and other expenses, any and all judgmimts Nat may be incurred by or obmmed againn the Purchaser or any of its of their ofiicm, agents or employees in such suits or offer praodings, and in case judgment of other lira be placed upon or obtained against the prepare, ofthe Purchaser, or said panics in or ss a result of such euies of other pmcccdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all gourds necessary far the prevention of accidents, comply with all laws and regulations wita regard to safety including, but without limitation, me Occupational Safety and Heald Act of 1970 and all rules and regulations issued persuennherero. Revised 0IR014