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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9146542Fort Collins Date: 11/07/2014 PURCHASE ORDER Vendor: 126722 WIRELESS ADVANCED COMMUNICATIONS 3901 W SERVICE RD EVANS CO 80620 PO Number Page 9146542 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: 11/07/2014 Buyer: DOUG CLAPP Note: SS 2012 Line Description Quantity UOM Unit Price Extended Ordered Price t Police equipment - unmarked Quote 5501 quote date 10/10/14 Jeff Gorsuch 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.mm 1 LOT LS 7,040.05 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 1. COMMERCIAL DETAILS. Tax exemptimm. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. N0NWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of be terms aod conditions hereof, failore or delay to himon l Revenue, Denver, Colombo (Bar Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies coo bled herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereunder or approval ore design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due net defer of any of the warranties or obligations of this purchase order and stall not be deemed .waiver of any right of the damage in transit, may be returned in you for credit and are not to be replaced except upon receipt of written purchaser to insist upon suit performance hereof or any of its rights or remedies an to any such goods, regardless instructions from the City of Fan Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purcbattr operate as a waiver of any of the teats hsspection GOODS arc x*gcx,t to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mucfdiss, smices or equipmatt in mpome Ira this aides can resuh in 12. ASSIGNMENT OF ANITTRUST CLAIMS. authorized payment on the Pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purcbattr ma uze that in actual economic practice, overcharges resulting from mtltnat ACCEPTANCE is dependent upon completion ofall applicable required impation procedures. violations are in Lot borne by the Purchaser. Theretofore fm good cause and m comidemtion for executing this purchase oNer, the Seller hereby assigns m the Purchaser any and all claims it may sow lave or hereafter Ira& Temus. Shipments must be FOB, City of I. Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal a some antitrust laws for such ovafctaxrges relating to the particular goods or amices otherwise specified on This mMe,. If permission u given to prepay freight and charge separately, the original freight purchased or acquired by the Porchana pursuant o this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If be Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expeted from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, be Purchaser shipments me made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all toss assmuted with such work. Permits. Seller shall procure st sellers sole cost all naesmry permits, cerificates and licenses required by all applicable laws, regulations, ordinances and roles of de state, municipality, territory or political subdivision where The Seller shall ch,a a the pmebvwr and its emu sio ors of any her f all liability and claims of any nature be work u pafrmed, or required by any be, duly ...,ad public authority having jurisdiction over Ne work resulting from this, Performance ofsuch wok. of vendor. Seller fuller agrees 10 hold the City of I. Collins harmless from and against all liability and loss incurred by them by reason of an .,vaned or established violation of any such laws, regulations, ordinances, rates This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees ofsuch Party. Amberismhon. All parties to this contact agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and coalitions stood herein set forth and any supplementary or additional teas and coMitiom annexed hereto or incoryomtcd herein by reference. Any catkin oral or different is= and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot maps complete shipment to arrive on your promised delivery dam as noted. Time is ofthe essence. Delivery and performance must be, a@cted within the time stated on the purchase more, and the documents atreched hereto. No acts of the Purchasers including, without limitation, acceptance of,anal late deliveries, shall operate tv a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall mar be liable for d miages as u result of delays due to causes not reasonably foreseeable which are beyond its reasonable conlml and without its fault of negligence, such ats of God, acts of civil or military authorities, govemmentil priorities,, s, strikes, eomk epidemics, wars or riots provided that notice of the conditions causing such delay is given W the Purchaser within five (5) drys or the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he exterded for be period tyual to the time actually last by reawn of the delay. 3. WARRANTY. The Seller wamns that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit fur the purposes intended, aced performed with the highest degree of care and competence in accordance with accepted standards for work of a miler namre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sulltr or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to be purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe pwwrib by law or by the tems of my applicable warranty provided by the Seller after the dam of acceptance of the goods furbished hereunder bw.epWce not to h umeammbly delayed), resulting from impeder, or defective work done or materials famished by the Seller. Acceptance or use of goods by be Purchaser shall nos constitute is waiver ofroy claim oNer this W.W. E`cept m otMnwise provided in Nis purchase order, den Sellers liability hereunder shall emend to all damages proximately caused by the breach ofany ofthe linemeng Warranties or guarantees, but such liability shall in no event include loss of pmfs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp, by written change oNer 5. CHANGES IN COMMERCIAL TERMS. The Purchour may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbd or wnnrn change order. If my such cfge affects the..or due err the time of performance hereunder, as equitable adjustment shall h made. 6. TERMINATIONS. The purchase, may to any time by written change amen, morninde'his agreement as ,o any err .11 portions of he goods then not shipped, subject to any suitable adjusmem ba a. the pubes as to any work or materials then in progress provided that the Purchaser shall rim be liable for any claims for anticipated profits on the uncompltM Portion ofthe goods and/or work, for incidental of consequential damages, and Nat no such adjustment be made in favor of the Seller with mif a' to any goods which art the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any oCtheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any maim for adjustment must be, asserted wihin Nifty (30) days from the tide the mange or temtiwtim is ordered. I. COMPLIANCE WITH LAW. The Seller xanaas Out all goods sold hereunder shall have been produced, sold, delivered and f fished in strict compliance with all applicable lows surd regulations to which the goods are subject, The Seller shut execme and deliver such daummts as may he required to effect or evidence compliance. All laws and mgulatiom required to be memliomled in agreements of this character are hereby utem,ommd herein by this reference. The Seller arm. m indemnify and hold the Purchaser hamlless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, rmrafer, or convey this odes, or any monies due or to become due hereunder without the prior written current of be other party. 10, TITLE. The Seller warrants full, then and uartstrieed title to the Purchaser for all equipment, materials, aed items fished n perfonoaatt of this agreement, free and clear of any and all Item, murictioos, cama bons, sawty interest encumbrances and claims ofo ban. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performedl or caused a In performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless be Purchaser from any and all claims fur adi ngement by treason of the use of such patented design, device, nesterial or process in connection with the contract, and shall indemnify the ruminator for any emir, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the Prosecution m after the mmpiniou of the work. In case said equipment, or any pan hereof or the intended use of be goods, is in such suit held to com'imm infringement and she use of said equipment or pan is enjoined, the Seller shall, a, its awn expense and a, its option, either procure fir she Purchaser the right to continue using said equipment or pans, replace be same with substantially equal but noninlHnging equipment, or modify it so it becomes nuninrn'nging. 15. INSOLVENCY. If Or Seller shall become insolvent or bankrupt make an assigmnent for the benefit of creNmrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forlwith be canceled by the Parchsser without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be commsc l under and governed by be laws ofthe Scam ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder including the services of Sellers Representative(s), on the prem¢es ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall tarty on said work st Sellers awn risk until the some is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work mdfor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to be satisfaction of ore Purchaser. When mmmiak and cquiPmen' aft famished by others for insmllmion or creation by thc Seller, the Seller shall reserve, unload, store and bindle same at the site and become responsible therefor as though such m tteriaB and/or equipment were being famished by the Seller under be order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, stupor to their dependents in accordance with the laws of be suite in which the work is to Is, done. The Seller shall also carry comprehensive general liability including, but not limited to. cotumemal and automobile public liability insurance with bodily injury and death limits of at least $3 W,000 for any one person, 5500,000 for my one accident acid property, damage limit per accident of 5400,000. The Seller shall likewise carom his if any, to provide for such compensation and insurance Before any of the Sellers or his carrouractors employees shall do any work upon the premises of otters, be Sellershall fumuh the Purchases with a certificate that such compensatim and insurance have been provided. Such carbonates stun meaty be date when such amalgamation and insurance have been provided. Such catifimtes shall specify the date what such compensation and insurance expires. The Seller agrees Out such compensation and insurance shall h rusu ained until after be more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damega, loss or i jury of any kind or namre whatsoever to parsons or property mused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or a.,. , whether direct or indirea, and whether to Perons car Property an which the Purchaser may be put or subject by reason of my act, action, neglct, omission or default on the loan of be Seller, any of his contractors, or any of be Sellers or contmerms officers, agents or employees. In case my suit or other proceedings shill be brought against the Purchaser, or its officers, agents or employees at any time an account or by reason of any act, action, m,,IaL omission or default of the Seller of any of his conRaMrs or any of its or their officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense Nereof and to defend the some at the Sellers own expense, m pay any and all costs, charges, attorneys fees and other expenses, any and all judgments but may be incurred by or obtained against be Purchaser or any of its or Nair officm, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and dur2m,ed by giving bond or otherwise. The Seller and has contractors shall Like all safety praeutions, famish all install all guards neaessary for be prevention of accidents, comply with of laws mad tegulations with regard to safety including, but without limitation, be Occupational Safety all Health Act of 1970 and all roles and regulations issued pummad thereto. Revised 072014