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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9143024PURCHASE ORDER PO 143024r Page City of PURCHASE 9143024 1 of 3 ' `t CollinsChis number must appear 1 1 on all invoices, packing sli s and labels. Date: 09/26/2014 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: 06/02/2014 Buver: DOUG CLAPP Note: 2014A Lease Purchase replacement for unit# 21045 TS Line Description Quantity UOM Unit Price Extended Ordered Price Police equipment package 1 LOT LS 6,256.67 Special with half cage reference quote #4698 dated 5/30/14 Special - unmarked (1) unit no cps and 1/2 cage = $6,256.67 Dept: Police Patrol - Traffic Surcharge Deliver: equipment, vehicle & documents to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80521 Contact: Ian or Eric ph# 970-221-6613 " please call 24 hours prior to delivery " 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 PO PURCHASE ORDER 914302er Page City of PURCHASE 9143024 2 of 3 ' `ppear F6rt CEips n all invoices, pacst king ` Collins` n all invoices, packing and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 1 misc. 1 LOT EA 1,530.00 install & delivery a additional lighting/ equipmen add 9/22/14 1 LOT EA 1,590.74 Pay terms net 30 days Invoice Address: .41 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.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By owners the City of Fan Collins is exempt f sole and ]seal tuxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificae 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, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). 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 Sellerof Goods Rejected. GOODS REJECTED due to failure to meet sp.ificalicns, either when shipped or due to defects of any of dot warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage is uemn, may be returned to you for credit and ore not to be replaced except upon mature of written purchaser To insist upon strict performantt hereof or any of its rights or remedies in to any such goods, regardless instructions from the City of Fort Collim, of when shipped, received or accepted, as many prior or subsequent defiault hereunder, tar shall any puryorted oral modification or rescission of this purchase older by the Furtherer operate ax a waiver of any of the terms Inspection. GOODS are subjrct to the City of Fon Collins inspection on amval. hereof. Final A -,prance. Receipt of the memhaadim, services or equipment in response to this older can result in 12. ASSIGNMEN'TOF AM'I RUSTCLAIMS. amounted payment on Ne Fun or the City of For Collins, However, it is To be understood that FINAL Seller and the Purchaser recognize flat in actual economic practice, overcharges resulting Real antiWst ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thererofore fogold cause and in consideration for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mot be P.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 90522, antes acquired under federal or state contrast laws for such overcharges relating to the particular goods or services otherwise specified oa this tamer. If emission is given to prepay freight and chop separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit nrmt vccompany invoice Additional charges fur poking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various from of the country, shipment is expected from the nearest distribution point to destination, and excess freight will Ise deducted from Invoice when shipments are made from greater dislance. Permits. Seller shall procure al sellers sale coo all mcesm, permits, certificates and I.e.ses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory 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 further sgrcec to hold the City of Fon Collins hmmless from and against all liability and loss incurred by them by reason of an asserted in established coalition of any such taus, regfilsitions, ordinances, roles and nscuircrafterds. Authorization. All parties to this common agree that the representatives are, in fact, bane tide and possess full and complete authoriry to bind said panics. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions smdd herein set fold and any supplementary or additional terms and conditions amend hereto or incorporated herein by reference. Any additional or different deers and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryou cannot make complete shipment to arrive on your promised delivery data in noted. Time is of the essence. Delivery and performance must be affected within the time stated on the purchne ordet and the do.m.k attached from No reds of the Producers including, widtont limitation, acceptance of partial lots deliveries, shall operate ;is a waiver of this provision. In the event orally delay, the Purchaser shall have, in addition to miter legal and equitable remedies, the option of pltming 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 nomea-mably foreseeable which are beyond its reasonable -mro1 and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental politics, fires, strikes, Rood, epidemics, wars or riots provided that notice of dim conditions causing such delay is given to the Pmchmer within rive (5) days of the time when the Seller flat received knowledge Thereof. In The event of any such delay, the dam of delivery sbull be extended for the period equal to the time actually lost by reason of The delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by This order will condom, with applicable dmwiage. specifications, samples and/or other descriptions given, will be fit to, The pumices intended, and per umed with the highest degree of care and competence in accordance with accepted standards for work of a similar wore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaer may euf or incur oa account of the Sellers breach of warranty, The Seller shall replace, repan or make good, without cosua the purehaxq any defects or faults offing within one (I) year or within such longer period of time as maybe resented by law or by the meets of any applicable warranty provided by the Sella after We date of accaparme of tee good famished hereunder (acceptance rot To be unreasowbly delayed), resulting form imperfect or defective work done or maerials fumishd by the Seller Acceptance or firm of goods by the Purchase stall not omtitute a waiver of any claim under this wnanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend W all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profrs or loss of use. NO IMPLI BD WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE St IA LI. APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchmer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to The terms, other fan legal terms, including addilioo to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or women change order . If any such ahange affects The amoun, due or the time of performance Immunde, an tyuioble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, mratinom this agreement as to any or all fractions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials than in progress provided ,hat the Paara,asa shall not m liable for stay claims for anticipated profns on the uncompleted portion of the goods anNm work, for incidental or consequential damages, and that no such adjustment be made in favor office Seller with nopecT to any goods which are the Sellers standard stock. No such termination shill relieve To Purchaser or the Seller orally ofthe r obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adlnstment must be worried within Nirry (30) days Earn the date The change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations Ica which the gods are subject. The Sala shall tomeme and deliver such documents as may be required Ile twee, or evidence compliance. All laws and regulations required to be ncumpamted in agreements of his chmac.er are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold ,he Purchaser harmless from all costs cad damages suffered by the Purchaser in a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, momfea or convey This order, or any monies due or to become due hereunder without the prior offi en consent ofthe offer party. 10. TITLE. The Seller warrants full, clear and unresMctd title to the Purchaser for all equipment, materials, and items fmished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security nuclear encumbrances and claims of miters. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to co mat nonconforming or defective goods by a date to m agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its Liability or unwillingness as comply, the Purchaser may coma the work to be, performed by the most expeditious mare available to it, and the Seller shall pay all costs canto med with such work. The Seller shall release the Purchaer and its contactors of any tier from all liability and claims of any ..am resul,ing from the performance wfsuch work. This at.,, shall apply even in the aen, of fault of negligence or the parry released and shall extend to the directors, ollicers snit employees of such pony. The Sellers contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or ..it to be performed by the Purchaser. 14, PAT ENTS. Whenever rbe Seller is required to use any design, device, oriental or process covered by lamer, pm.l, Tademark or copyright, the Seller shall indemnify and save harmless the Purchaser Tom any and all claims for inGngemeft by meson of the ase of .all pormad design, desire, ..coal or process in roanec.. with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringe.... m any time during the prosecution or after the completion of the work. In case said equipment, Or i,Y I n t Iher.f ar the Intended nee or d,a snots, is in such aaif held ,, constitute ofimporan, and the use of said a,lipment Or parr is .joined, the Seller shall, at its own expense and 91 its option, either .are for the Purchaser the right to continae using said equipment or pain, replace the same with substantially equal but noniafringing equipment, or modify it so it becomes noninfnging. 15. INSOLVENCY. If the Seller shall become insobem err bankmpt make on weigTm call for the benefit of creditors, appaito a receiver or truste, for any of the Salim property m or business, this older ay forthwith b, canceled by The Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and govcm,d by the laws of Oe State of Culorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellen Reprtema divend. or the premises ofi thers. , IZ SELLERS RESPONSIBILITY. The Salle shall tarry on said work at Sellers own risk and the same is fully completed and accepted, and shall, in se of any accident, destination or injury in The work atdlm maerals before Sellers final completion and acceptance, complee The work at Sellers own expense and in the satisfaction of the Purchaser. When materials and equipment arc fumishM by others for installation or emmitxt by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor an though such materials andso a,Wpmem were being famished by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expanse, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in automation with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is; To be done. The Seller shall also carry, comprehensive general liability including, but not limited to, covracmal and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,00D for any one .,idea, sad pmpeny damage limit per acaide. of 54Bg000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before arty of The Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificare that such compensation and insurance have been provided. Sach cenificares shall specify the date when such compr nsaion and insurance have been provided. Such cenificatcs sbull spceifay the data when such contractional and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is couplers] and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asses he.,im responsibility and liability fur any mot all damage, loss or injury ofany kind or wore whatsoever m persons or property argued by or resulting from the execution ofthe work provided for in this purchase older m in --action herewith. The Seller will indemnify and hold hamdess the purchaser and any ol all of the Purchasers orfirers, agents and employees from and against any and an claims, Instant, damages, charges or expenses, whether direct Or indirect, and whether to actions or property to which the Purchaser my be put or subject by reason of any act, action, neglect, omission or default on The part of the Seller, any of his contractors, or any of the Sellers or contractors oRcam agents or employees. In -se any suit or that proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their offers, agents or employees as aforesaid, the Seller hereby signals to assume the defense thereof and to defend the same arahe Sellers own expense, to pay any and all costs, charges, adtumeys fees and other expenses, any and all judgme rs dust may he incurred by or obtained against the Purchase or any of its or their oRcars, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained again, the Ptopeny of The Purchaser, or said parties in err as a ..It of such in err other proceedings, the Seller will or once cause The same To b, dissolved and duchaged by SM, band or otherwise. The Seller and his contractors shall take all safety precautiorq famish and moral all guards necessary for the Elemental of accidents, comply with all taus and regulation with regard to safety including, but without Bandanna. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursu m, therein. Revised 01I2014