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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9146542 (2)Fort Collins Date: 11/10/2014 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 Buver: DOUG CLAPP Note: SS 2012 Line Description Quantity UOM Unit Price Extended Ordered Price 2 light bar change revised 10/30 email 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 EA :irpxtb7 Total 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 COMMERCIAL DETAILS. Tax exemption. os. By statute the City of Fan Collins u, exempt from state ad local taxes. Our Exemption Number is 9804502. Federal Excise Tax Exemption Cenifi-te of Report, 84-6003587 is n,ustnod with the Collector of Internal Revenue, Denver, Colorado (Ref. Colmi Revised Statute 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to Pailm, m meet specifications, either when shipped or due to defects of damage in towit, may be mums to you for credit and are not tut be replaced career upon receipt of wrinen instructions from the City affront Collins. Inspection. GOODS ate subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, wrvames or equipment in response to this order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required impaction procedure. Freight Team. Shipmcnm must be F.O.B., City of Fan Collins, TIIT Wood SL, Fan Collins. CO 80522, unless otherwise specified on this under. Upermission is given to pmpay freight and enure, sepammly, the original Freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. More manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution point to dstiwtion, and excess freight will be deducted from Invoice when shipments are made Item grater distance. Permits, Seller shall procure at sellers sole cast all necagai permits, vinifiwtes and licroses requited by all applicable laws, regulation, ordinances and rules of the sure, municipality, temwry or political subdivision where the work is performed, or required by any wing duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass incurred by them by reason of m assured or established violation of any such laws, regulations, ordinances, rules ad mxuiremenm. Authorization. All pmtie to this mmmet agree Out the representative are, in fact, bona fide and pmgss full and complete mthority 10 bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein act tomb and any supplementary or additional terms and conditions mnexod herein or incorporated herein by reference. Any ishinuml or dilErennerms and conalmms proposed by seller arc objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Dch,my and performance must be cOdted within the time stated on the purchase order and the documents attached hcrem. No acts of the Purchasers including, without limitation, acceptance of Wnial late deliveries, shall operate as a waiver of this provision, in the e'en of my delay, the Puschaser shall have, in addition bother legal and equitable comedies, the option afidaving this order elmwhem and holding the Seller liable far damages. However, the Seller shall rot be liable for damages ne a result of delays due as coos,; not mismoddy foreseeable which are beyond ice coamnable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, does, strikes, flood, epidemics, wars or now provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thermil In the event of my such delay, the date of delivery shall be extruded for the period equal to the time actually Ion by again ofth, delay. 3. WARRANTY. The Seller warrants that AI goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes imegd, and performed with the highest degree of -re road mmpe ence in accordance with accepted mmdards for work of a similar mture. The Seller agrees m field the purchaser harmless from any loss, damage or expene which the Purchaser m y suffer or incur on account ofthe Sellers beach ofwgV g, The Seller shall replace, repair or make good, without cost to the Purchaser, may defects or toWts arising within one (1) year or within such longer period of time as maybe prescribd by law achy the toms of any applicable wamnry provided by the Seller afterthe defeat acceptance of the goods famished hereunder (acceptance not to be measurably delayed), resulting from imperfect o, defective work done or matmals famished by the Sell,,, Acceptmw or use of goods by the Purchaser shall ram omtitute s waiver of nny claim under this warranty. Except as otherwise provided in this purchag order, the Sellers liability hcrauada shall extend to all damages proximately carried by the breach opting ofthe foregoing waranties or guarse ces, bur such liability shall in no event include loss of profits or loss of uge. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lens by wdnen change order. 5. CHANGES W COMMERCIN, TERMS. The Purchsse may make any changes to the main, other than legal terms, inducting train ing addition, to or deletions am the quantities originally ordered in the Vecificatiom m drawings, by verbal or wduen change order. If any such change afferta the amount due or the time of perfrmance hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Purehmer may at any time by u'nnen clung, order, terminate Nis agmemenn ne m any or all Parrs s of the goods then riot shipped, subject to my equitable adjustment betwem the parties as to any work or materials then in pmgrcas poovidd that the Purchaser shall not be liable for my claims far mlicipmed profits oa the uncompleted portion of the goods andior work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect 1. any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goals delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjttnntent nowt b, asserted within dirty (30) days from the date the change or retlNnalion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, sold delivered and fumishd in strict romplimce with all applicable laws and regulations to which the goad me wbjag. The Seller shall execum and deliver such dommmts as may be requited to effm or evidence compliance. All laws ad regulations cluing to be incorporated in agreements of this chammer arc hereby incorporated herein by this reference. The Seller agrees no indemnify and hold the Patching haumleg from 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, vamfer, or convey this order, or my monies doe or to become due hercuda witlwm the prim written Comm, afthe other party. 10. TITLE. The Seller warrants full, clear and unexameted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lies, matrictiomam , regrvatio s, uriry interest encmnam rs and claims of omen. 11. NONWAIVER. Failure of the pumbneer to insist upon goes performance of the terns and examines hereof, failare or delay to mancene any rights or mnedies provided berein or by law, failure to promptly notify the Seller in the event of a breacb, the acceptance ofar payment for goods he¢uMerm mmoval ofthe design, shall not release Jte 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 insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior o, subsequent default hereunder, nor shall my purported ore) modification or rescission of this purchase order by use Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mcognim that in actual economic practice, overcharges resulting tram rust antit violations are in fact home by the Purchaser. Theretofore, forgoodcause and m consideration for executing this purchase order, the Seller hereby assigns in the Purthaser any and all claims it may now Save or hereafter acquired under federal or state antitrust lows for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this parching under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconfomting or detective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may row, the work to be performd by the most expeditious m,as available to iL and the Seller shall Pay all corts negotiated with such work. The Seller shall relime the Purchaser it its contract. of any tier from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligre of the party released and shall extend to the directors, officer, and employees of such party. The Sellers command obligations, including wantonly, shall not be deemed no be reduced, in my way, because such work is performed or -used to be performed by the purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by levers p arst, trademark or copyright, red Seller shall indemnify and sax moral. the purchaser from any and all claims for infrnmmeat by r-son of the use of such panned design, deice, normal or process to connection with the cofiracL and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason ofsuch infringement at any time during the prosecution o, after the completion of the work. In case said equipment, or any pan thereof or the intended we of the Goods, is in such mit held to constimm infringement and the we of said etimpmml or part is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser th, right to continue wing said equipment or pans, replace the same with substantially equal but nawofn'nging equipment, or modify it so it becomes mninGnging. 15. INSOLVENCY. If the Scllc, shall become insolvent err bankrupt, make an assignment for the benefit of creditors, appoint a overisrr or trustee for may of the Sellers property or business, this order may foMwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of term wd or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe Stare ofColomdo, USA. The following Additional Conditions apply only th ewes where the Seller is to pert work hereunder, including the services of Sellers Represenmtive(s), on the premises r fwhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall wry an said work at Sellers own risk —,it the same is Polly completed and wer,ted, and shall, in e of any accident, destruction or injury to the work mrVor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When anaterim, and equipmmt art f fished by others for installation or erection by the Sella, the Sella shall reeeive, unload, sbre and hadle some at Use site and become sespowble therefor as though such materials andror equipment were being furnished by Ube Seller under the order. 18. MSURANCE. The Seller shall, at has 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, and/or to their dependms in accordance with the laws of she state in which the work is to be dme. The Sella shall erg way mmprehmsive geacml liability including, but at limited m. comragual and automobile public liability insurmtt wed bodily injury and death limits of at least S3og000 f any one Person, 5500.000 for any accident and propdy damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his coutmotors employees shall do my work upon the premise of others, the Seller shall famish the Purchaser with a certificate that such compensation aod imumnce have been provided Such cenifiwtes shall sparsity me date when such mpen lion anal insurance have been provided. Such certifiwtw shall sportily the dam when such compematim and insurance expires. The Seller agrees Nat such compensation ad issuance shall be maintained writ offer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DANIAGES. The Seller hereby assumes the entire tespowibility erg liability for Any and all damage, loss or injury of my kind r moue who.er to person or Property caved by or regullm, from the exemlian ofthe work pmvidd for in this purchase order or in connection herewith. The Seller will indemnify and hold barmless the Purchaer and any r all of the Purchasers effects, agars admpl eoyees from and maim road all cls, losaedamage,charges da, charges or expense, whether direct or indirect, and whether to person 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 contractors officers, agents or employees. In maze any suit or other pmredings shall be brought against the purchase, or its officers, agent an employees at any time on accou t or by rmmn of any rot ration, neglect, omission or default of the Seller of any of his conrriew. or my of its or their oRc ps, agent or employee m aforesaid the Seller hereby agree to assume the defense Hereof and as defend the same of the Sellers own ca,., to pay any aad all costs, charges, enomrys Tres and other expensnses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits m other proceedings, and in case judgment or other lira Is, placed upon or abmined against the property of she Purchase, or said parties in re as a result of such was or other proceedings, the Seller will at one wag the game to be dissolved and discharged by giving bod or mherwise. The Seller and his contractors shall take all safety precautions, f ish and mastall all guads memory for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07=4