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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9145325Fort Collins Date: 09/15/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9145325 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 09/15/2014 Buver: DOUG CLAPP Note: SS 2012 replacement of equipment For unit # 21097 Line Description Quantity UOM Unit Price Extended Ordered Price Per quote 4391 FCPD 2014 Blueprint Full -Cage quote date 4/30114 Jeff Gorsuch Equipment to be salvaged from unit #21097 and deducted from a total package price of $ 9,141.50 ' Contact: Greg R or Eric 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 1 LOT LS Total Pay terms net 30 days Invoice Address: 9,141.50 141.50 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. By smwm 0e Ciry of Fort Collins is exempt fcom state end Iceal taxes. Our Exemption Number is 98-01502. Federal Excise Tox Exemption Certain. of Reginry 84-6000587 is registered with the Collector of Internal Reveaue, Denver, Colorado (Per 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 is transit may be returned to you for credit and are not M be replaced except upon receipt of wrinrn instructions from the City of Fan Collier, Impeaiso. GOODS are subject to the City of Fort Collins inspection on ai iszl. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in carbonised payment on the pan of the City of Fort Collins. However, it is ro be understood Out FINAL ACCEPTANCE is dependem upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Callins, 700 Woad St., Fan Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the odgiml freight bill mot ucmmpany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints is various From, of the country, shipment is expected from the nearest distribution point a datiation. and excess freight will be Jeduclad from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary peals, anifcam and license required by all applicable laws, regulations, ordinances and ones ofthe state, municipality, territary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller f turn, agrees to hold the City of Too Collins harmless fmm and against all Iiabiliry and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and seminarians, Authorization. All panics to this contract agree that the representatives are, in fact, From fide and possess full and complete summary to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temu and conditions stated herein set forth and any supplementary or additional mmn end condrions nnnexal hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sella s e chained to and hereby rejected. 2. DELIVERY. PL[ SE ADVISE PURCHASING AGENT immedimcly if you cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents arched hereto. No acts of the Purchasers including, without limitation, acceptance f,mid late deliveries, shall operate m a waiver ofthis provision. In the event fany delay, the Pambrowr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. Hox'oer, the Seller shall not W liable far damages as a result of delays due to comes sot nationality fresco able which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities. governmental prommes, fir, strikes. Doti, epidemics, wars or hots provided that notice of the conditions, caming such delay is given to the Purchaser within five (5) days office time when the Sella first received knowledge thereof, in the event of any such delay, the are of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples auditor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of cue and competence in accordance with accepted standards for work of a similar mare. The Seller agrees to hold the pumhaer harmless fmm my loss, damage or expense which the Purchaser may suRer or incur on account offlue Sellers breach of w.1y. The Sella shall replace, mpah or make good, without cost to the purchoser, any der is or faults arising within one (1) year or within such longer'mod of time as maybe prescribed by law or by the rams of any applicable warranty provided by the Seller after she dam of acceptance of the goods famished hereunder (acceptance not to be unremumbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall not combine a waiver of any claim under Nis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall cnad to all damages proxiimtely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or ass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal mi., by wham change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the tui originally ordered in the specificaiom or drawings, by venial or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shot be made. 6. TERMINATIONS. The Purchaser may at any time by written change We, terminate this agreement . ns any or all protons of the goods risen not shipped, subject many equitable adjustment between the parties m to any work or materials then in pro,-, xi -sided that the Purchaser shall at be liable for any claims far anticipated profits an the m omplaed portion of the goods andtor work, for incidental or consequential damages, and that m such adjnshnent be made in favor of the Seller with respect to any goods which are the Sellers mankind stock. No such termiation shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mmt be asserted within thirty (Jlp days fmm the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warnings that all goals sold hereunder shall have been prduttd, sold, delivered and fivnuhd in strict compliance with all applicable laws and regulations to which she good are subject. The Sella shall execute and deli,. such documents m may be required to efrect or evidence compliance. All loss and regulations required to be incorporated in agreements of this comner a , hereby incorporated herein by this refermee. The Seller agrees a indemnify and hold the Purchaser hamlets from all costs and damage suffial by the Purchmer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Sella wa nows full, clear and unmanned tide to far Purchaser for all equipment, materials, and items fiunished in performance of Nis agreement, free and clear of any and all limn, restrictions, rrsenatiom, moral intent encumbrances and claims of afters. I I.NONWAIVER. Failure of the Purchaser to insist upon strict performance of the term and conditions hereof failure a delay to exercise any rights or remedies 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 or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to mist upon strict performance hereofor any of its rights or remedies m to any such goods, regardless of when shipped, received or settpted, not to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of Nis purchase order by the Purchaser operate m a waiver of my of the moms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognise that in actual ere m is practice, overcharges resulting fmantitrust violations are in fact home by the Purchaser. Thercho ore,nforgood cause and as 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 slate antitrust laws for such overcharges relating m the particular goods or services purchased or acquired by the Purchaser pursuanuo this purchase md.. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchasa directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indiwms its inability a mawillm,ness to comply, the Purchaser may name the work to be performed by the most e.perlditrs means available to it, and the Seller shall pay all costs assautal with such work. The Seller shall release the Purchaser and as ammamrs ofany tier Gom all liability and claims of any ratme resulting home the performance of such wmk. This release shall apply even in the event of fault of negligence of the party release and shall extend to the directors, officers and employees of such party. The Sellers contmcaal obligations, including wamnry, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENS. Whenever the Sella is required to me any design, device, material of process covered by Imo, paten, vademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the me of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or d mage 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 imendel use of the goods, is in such suit held in comtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumhnser the right to continue using said equipment or pars, replace the same wish substantially equal but noninfringing equipment, or modify it on it becomes rwninGngm,. 15. INSOLVENCY. If the Seller shall become northern or bankrupt, make an msignment for the benefit of creditors, appond a receiver or trustee for any of the Sellers property a business, this order may forthwith be canceled by by the Purchaser without liability. 16. GOVERNING LAW. The definitions of later used or the intapraatim of the agreement and the rights of all ponies hereunder shall be onsuued under and govemal by the laws office State ofColomdo, USA. The following Additional Conditions apply only in cases wheat the Sella u to perform work hereunder, including the maices of Sellers Represcand ive(s), on the premises ofothers. IT. SELLERS RESPONSIBILITY. The Sella shall cart, on said work at Seller's own risk until she mere is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work tabor matmak before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. i4 en materials and equipment are famished by others for insmllmirn or erection by the Seller, the Seller shall receive, unload, stem and handle same ar the one and become mponsible shenefor as though such materials ardor equipment were bangf ishcd by she Seller under the under. 18, INSURANCE. Tire Sella shall, at his own extreme, provide for the payment of workers compensation, including caupapoal disease benefits, to its employees rmployd on or in connection with the work covered by this purchase order, andror to their dependents in accordance with the laws of the stain in which the work is b be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public hand iry insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his if any, on provide fur such compen and insurance, Before any of the Sellers Or his contractors employees shall do any work upon the premises aothers, she Seller shall Finnish the Puchmel with a cenificam that such c mpen on and insurance have been provided . Such certificates shall specify the dam when such compensation and insurance Favor been provided. Such crnifcam shall specify the date when such compensation and insurance expires. The Sella agree that such compensation and insurance shall be maintai d until aRa the ,nave work is completed and score td 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rsponsibility and liability for any and all damage, loss or injury ofany kind or mare whatsoever to persons or property causal by or resulting from the execution office work provided for in this purchase order or in connection herewith. The Seller will indemnify and bold hamtless the Purchaser and any r all of the Purchasers officers, agents and employees from and 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 put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contmctors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on accomt or by reason of any act, action, mglecL omission or default of the Sella of my of his contmctors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same in the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtaind against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment Or other lien be Fiscal upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dinsolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, furnish and install all gards necessary for the prevention of accidents, comply with all laws and regulation wilt regard to safety including, but without hu itacia, the Occupafioml Safety and Health Act of 1970 and all ones and regulations issued pursuant threat. Revised 0712014