HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9146004PO
PURCHASE ORDER 914600er Page
C117/ of PURCHASE
9146004 ' of z
' `t Collins
I I ns This number must appear
V " on all invoices, packing
sli s and labels.
Date: 10/16/2014
Vendor: 126722
WIRELESS ADVANCED COMMUNICATIONS
3901 W SERVICE RD
EVANS CO 80620
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 10115/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 MCC7500 Alarms (Sonalert)
as per invoice #1-2198224
dated 6111/14
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
6,297.41
Pay terms net 30 days
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
L COMMERCIALDETAILS.
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 Certificate of Registry 84-6000582 is registered with the Collector of
Internal Revenue, Denver, Ca mark, (Ref. Culomd0 Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods R jested. GOODS REJECTED due to failure t. meet specificatiens, either when shipped or due 1. defects of
damage in transit, any Be returned to you for credit and are not 1. be replaced except upon .,I,, of written
instructions from the City current Collins.
Inspection. GOODS are subject as the City of Fon Collins inspect:. on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment oa the pad of the City of Fan Collins. However, n is to be understood that FINAL
ACCEPTANCE is dependntupon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be, F.O.B., City of Fort Collins, land Wood SL, Fort Collins, CO 80522, unless
otherwise specifed on this order. Upermission is given m prepay freight and charge separately, the original freight
bill muss zcco..try invoice. Ade itioml charges for packing will mt he wceptaL
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected to.. ,he nearest disttthubn Pont, to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all n vesmry pnnim, certificates and Iicemes required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed. or required by any other duly conftimted public smhoriry luvingjurisdic,ion over the work
of crude, Sella further agrees to hold the City of Fort Collins harmless from coed against all liability and lass
incurred by them by roan of ua asserted w established violation of any such laws, regulations, mdiaances, roles
"im ends.
Authoda anti All ponies to this comma agree that ncc representatives are in fact, bona fide and possess fall and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set fort and any supplementary or additional frtots and conditions annexed hereto or inew,mated herein by
reference. Any s lditicacrl or different across and conditions proposed by caller am objected an and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted. Time is of the encom. Delivery and performance must b, effcered within the time
stated on tire parchaic order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance .1 Paris[ late deliveries, shall operate as a waiver of this pmcni.n. In ale event of any delay,
the Purchaser shall have, in widdion to other legal and aquitable remedies, the option of placing 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 art beyond its reasonable control and without its fault of negligence,
such aced of God. acts of civil or military mthori,ies, governmental priorities, fires, strikes, Baal, epidemics, wars or
riots provided that ulnae of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when rise Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal do floe time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will confomo with applicable
drawings, specifications. samples amber other descriptions given, will he fit for the purposes intended, and
perforated with the highest degree of care and competence in accordance with wttpred stwaaMs for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Pardoner may suffer at incur on account of the Sellers breach of warranty. The Sella shall replace, mpair or make
Sir without coal to the purchaser, any defects or faults arising within one (1) year or within such longer period of
,ire ss nay be pteuribed by law or by the terms of any applicable warranty provided by the Seller i fer the date of
acceptance of the good f inked hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumlshei by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability herunder shall extend to Al damages pru.ximately casad by the breach of any of the foregoing warranties
or guammas, but such liability shall in no event include loss ofpmfts or loss of see. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal tuna by witted change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes t. the tame, in., than legal toms, including additions or or deletions from
the quantities originally ordered in the sister rications or drawings, by verbal or riven change aide, If any such
change aRecrs the amount due or the time ofperfomta e, hereunder, an equitable adjustment shall be made.
6.TERMINATIONS.
The Purchaser may ad any time by written change order, terminate this agreement as to any on it portions of the
good now not shipped, subjwna any equitable adjmxhnen, between the ponies as m any work an materials the. bt
progress provided that the Puchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good anebor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stuck. No such termination shall relieve
the Purchaser or the Seller crony oftheir obligations in to any goods delivered hereunder.
la. CLAIMS FOR ADJUSTMENT.
Any claim for adjuumcm mud be, asserted within di (30) days from the date ate ahange .r uncommon. is
ordered
8. COMPLIANCE W ITII 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 goods are subject The Seller shall execute and
deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be
incorporated! in agreements of this character art hereby incorporated hernia by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all areas and damages suffered by the Purchaser as a result of the
Sellers singe as comply with such has
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due min become due hereunder without the
prior wrinen consent of the other party.
10. TITLE.
The Sella continuum full, clear and undecorated title in the Purchaser for all equipment, materials, and items famished
to performance of this agreement, fee add clew of any and all lien, restrictions, resmations. security interest
eocumbra cca said claims created,
I I. NONWAIVER.
Failure of the Purchaser to imint upon strict pert trance of the terms and conditions hereaf. failure or delay to
exemise 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 s, design, shall and release the Seller of
any of the wmmaties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser 1. head upon smat performance hereof., any of its rights ar remedies as as any such good, regardless
of whin shipped, received of accepted, as to any prior or subsequent default hertundn, nor shall any pummred
oral modification or rescission of this purchase order by the Purchases operate ss a waiver of any of the toms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Pumboser rwogniae that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing fix
purchase order, tie Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust Izxs for such overcharges relating to the particular goods or services
p rachaud or arranged by the Purchaser pursunt a this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer diecm the Seller to correct nonconf ing or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter 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
costs associated with such work.
The Seller shall release the Puchaer and its contractors of any tier from all liability and claims of any nature
na ulting from the performance of such work.
This releae share apply even in the event of feel, of negligence of the party relewed and shall extend 10 the
director, offffcers and employees of,meh Party.
The Seller's contractual obligations, including warmnty, shall not be deemed to be reduced, in any way, because
such work is perforated or caused to be performed by the Purchaser.
14. PATENTS.
Whenever ore Seller is required to use any design, device, material m process covered by lever, pater, trademark
or copyright, rise Seller shall indernify and save handless the Puchases from any add all claims for infringement
by reaon of rbe use of such parented design, device, twcamil or proms, in connection with the contract, end
shall indemnify the Purchaxr for any cost, expense or damage which it may be obliged an pay by reason of such
infringement at any time during the numeration or after the completion of the work. In case said equipment, or
may pad thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pads, replace the some with substantially egwl but
noninfringing equipment, or modify it so it becomes noninfringing.
15, INSOLVENCY.
If the Sella shall become insolvent or l nA p , make an assignment for the benefit of creditors, appoint a
or vnsme far any of the Sellers property or business, this order may fodhwith b, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
TLe delini,iore of mans used or 'he inremreta,ion of the agreement and the rights of all parties hereunder shall be
command under and governed by the laws order State ofC.1mack, USA.
The fallowing Additional Conditions apply only in cases where the Sella is m perform work hereunder,
including the services of Sellers Represenmrnm(s), on the premise of.chers.
IT. SELLERS RESPONSIBILITY.
The Seller shall camy on said work a, Seller's own risk until the mate is fully complAcd end accepted, and shall,
in u of any accident, destruction or injury to the work and/or materials before Seller's fwl completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are f ishd by others for installation or erection by the Seller, the Seller shall receive, unload,
score and hands same at the sim and became responsible therefor as though such materials wager equipment
were being fumdshed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, mcluding occupational
disease benefits, to its employees employed on or in connection with thc 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 comprelmnsive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for may
one accident and property damage limit per accident of S400,0no. The Seller shall likewise require his
contractors, if any, to Provide for such compensation and insurance. Before any of arc Sellers in his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
glut such compensation and insurance have been provided. Such cedtifewts shall specify the date when such
comlxnmtion and assurance have been provided. Such cenifcams shall specify the dam when such compensation
sad innocence expires. The Seller agrees that such compensation and resonance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assomes the entire responsibility mad liability far any and all damage, loss or injury .!arty kind
or wutre whatsoever to pec mor or property caused by or resulting from the execution of the weak provided for no
this purchase order or in connection herewith. The Seller will iMemnily and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from add against any and al claims, losses, damages,
charges or expenes, whether direct or indirect, and whether ao persons or properry as which the Purchaser may
he put or subject by reran of any act, when, incident. omission or default an the part of the Seller, any of his
contractors, or any of the Shcm or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its oRdem, agents or employees at any time on account w
by mown of any act, action, neglect, omission or default of the Sella of any of his commemrs w any of its or
their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, o pay any and all casts, charges, summers fees and other expenses,
any and all judgwins than may be ineurded by or obtained against the Pttrehsstr or any of its m their offews.
agents or employees in such suits or other proceedings, and in case judgment or other lien lair placed upon or
obtained against the property ofibe Purchaver, or said Panics in or as a it of such suit or other proceedings,
the Seller will at once carte, the same on be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish cod install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupation] Safety and Health Act of 1970 and at I rules and regulations issued pursuant thereto.
Revised 07n014