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HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9147294Fort Collins PURCHASE ORDER PO Number Page 9747294 1of2 This number must appear on all invoices, packing sli s and labels. Date: 12/09/2014 Vendor: 126722 Ship To: POLICE DEPARTMENT WIRELESS ADVANCED COMMUNICATIONS POLICE SERVICES 3901 W SERVICE RD 2221 SOUTH TIMBERLINE ROAD EVANS CO 80620 FORT COLLINS CO 80525 Delivery Date: 12/09/2014 Buyer: DOUG CLAPP Note: SS 2015 Line Description Quantity UOM Unit Price Extended Ordered Price 1 BLAC-RAC Electronic Locks 1 LOT LS 82,600.00 as peequote 5711 dated 11.24 dated 6/11/14 per Jeff Gorsuch Contact: Craig Horton 2 Parts and Installation 1 LOT LS 54,405.00 as per quote 5711 dated 11.24 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.wrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenors and Conditions Page 2 of 2 1. COMMERCIAL DEFAUSi. Tax exemption. By statute the City of Find Collins is exempt from state and Ixal taxes. Cur Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchases to ireist upon snout performance of the rents and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado Her 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 Ce Seller of Goods Rejected. GOODS REIECFED due to failure to all specifics oss. either when shipped or due to defects of any of the wanannes or obligation of this purchase order and shall trot M doomed a waiver of any light of the damage w trarsiL rosy b r reamed to you for credit and arc not to h rtplazed except upon receipt of wrinrn purchaser an insist upon cartel performance hereofor any of its rights or moment,as to any such goods, regardless instructions from the City affect Collins. of when shipped, received or accepted, as to any Prior or subsequent default hereunder, nor shall any purported oral modi fiatiom or rescission of this purchase order by the Purchno operate as a waver of any of the terns Inspection. GOODS are subject to the City of Fort Collin inspection on amval. hereof Final Acceptaxe. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT' OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the purchaser recognize that in actual economic practice, overcharges resulting from national ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations am in fact home by the Purchase, Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O It,, City of Fan Collins, 700 Wood St, Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such oversh urps Drilling to dre particular goods or services otherwise specified oa this coder. Ifpermissim is given Ir Inquiry freight and charge g,xwxmly, the ongiwl freight purchased or acquired by the Producer pursuant to this purchase order. bill most accompany invoice. Additional changes for packing will not Ix accepted. 1ft PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. tea. Where manufacturers base in various pans of nt iswhen Shipment DisEven Purchaser e m rthet nonconforming err detective good by a lass to be upon by the career andpoints.1ducted from I voice expected from the mmmt distribution paint to destination, wJ excess freight will be deduced from Invoice when Poi destination, a d then its iwbiliry or unwillingness to comply, the Purchaser Seller, comply, er and the Seller, and the Seller Purchaser t e le shipments are made from greates distance. ytheareafter may rasa the work to ch performed by the most exped'nion mean available to ir, and We Seller shall hey all may ca .1 expe u cats azsximed with such work. Permits. Seller shall prove e at sellers sale cost all necessary permits, certificates and licenes required by all applicable laws, regulators, ordinances and rules 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 version Seller fuller agree to Iwld the City of Fen Collin harmless from and against all liability all loss incurred by them by reason of an assured or established violation of any such laws, regulation, endurances, rules and requitements. Authorization. All parties an this mntmet agree that me representatives arc, in fact Now Ode and possess full and complete authority to bind said penics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms all conditions stated herein ad forth and any supplementary or additional tents and conditions ermexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarety if yen cannot make mmDlete shipment to arrive on your promised delivery dam as need. Time is of the recnw. Delivery and performance most be effected within the time stated oa the purchase order and the documents attached hetcto. No no, of the Purchasers including, without limitation, acceptance of partial late deliveries, shall ommte as a waiver of this provision. In the event of any delay, the Purchaser shall have, an addition to other legal and equitable remedies the option ofplacing this order elsershme, and holding the Seller liable for damages. However, she Seller shall nor b, liable for damages as a it of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts afford, acts ofcivil or military authorities, governmental pnomies, Ores, strikes Hood, epidemics, was or riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller Eta received knowledge thereof In the event of any such delay, rise clam of delivery shall W cxrended for the period equal a the time actually last by reason c fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will cordovan with applicable drawings, speeifiealiow, samples and/or ..he, descriptions given, will be to for the purpose intended, al perfoemW with the highest degree of are and competence in accordance with accepted standards for work of a similar mare. The Seller .,mm to hold the purchaser harmless from any loss, damage or expense which red Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time n may be prescribed by law or by the temu of any applicable warranty prodded by the Seller after the date of acceptance of the good famished hereunder (acceptance cot m be unicameral delayed), resulting firm imperfect or defective work done or materials famished by the Seller. Acceptance or we of goods by rise Purchaser shall cut constitute a waiver of any claim under this warany. Except n otherwise provided in this purchase order, the Sellers liabil Ity hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, boo such liability shall in eta event include lass of profits art Ins 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Is., am,, than legal icon, including addition to or dddimw farm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformaace hereunder, an equitable adjustment shall be and, &TERMINATIONS. The Parch. may at now time by wrinm clump under, temsinum this mgrcemem as so any or all portious of the goods then not shipped, subject to any equitable adjustment bdween the ponies as to any work car materials then in progress provided that the Purell shall not be liable for any claims for anticipated profits on the umrntplded portion of rise good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard ntmk. No such mrniwtion shall relieve the Purchaser or the Seller of my oftheh obligation as or any goods delivered hemunder. V. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be arsened wilhln Carry (30) days form the date the change or reclamation is ordered. 8. COMPLIANCE WITH 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 dull execute and deliver such documents as may be required to effect or evidence cor,home. All laws and regulation required to b, incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suftired by the Purchases n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall usign, transfer, cur convey this order, or any monies due .,,a become due hereunder exa mut the prior wdnrn consent of the other parry. 10. TITLE. The Seller warrants full, clear and tuuestrided title to the Purchaser for all equipment, crmeriaLc, and items furnished in picafterralsounce of this agteemen4 f end clear of my and all lien, restriction, reservations, seeunry interest encumbrances mad claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the Performance ofsuch work. This release shall apply even in the elect of fault of negligmce of the pansy released and shall extend to the directors, officers and employees ofsuch Parry. The Seller's cantmemal obligation, including warranty, shall at be deemed to be reduced, is any way, because such work is part ed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ore any design, device, material or process covered by leper, patent, trademark or copyright, the Seller shall indemnify and save harmless Ce Purchaser from any and al I claims for infringement by reawn of the ore of such patented design, device, mmme] or process is connection with Be contract, and shall indemnify the Puchaser fins any cos, captive or damage which it may b, obliged to Pay by rmenn of such inringement at any time during the prosecution or after the completion of the work. In ase said equipment or any Pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the ore of said equipment or pan is enjoined, the Seller shall, of its own expense and at its option, either precne for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ought but noninGnging equipment m modify it so it becomes voninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or beta 1, make an assignment for the benefit of creditors, appoint a or nrsme far any of the Sellers pmpety or be., Nix order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be command undo and governed by the laws of the State ofColomdo, USA. The following Additional Condition apply only in cases where the Seller is to parmrm work hereunder, including the scrvias of Shce. Represestro ups), on the premises ofoth,.. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wool: at Seller's own risk until the same is fully completed and accepted, and shall, to rase of any accident datmction or injury to red work and/or materials before Sellers fined completion all acceptance, complete the work at Sellers awn expense and to the antisfadion of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became rtsponible therefor err though such materials and/or equipment were being ( ished by the Seller under the ordes. I L INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bcne6rs, to its employees employed on or in connection with the work covered by this purchase order, mtdsor a their depmder s in accordance with the laws of the state in which the work is to h dom. The Sell. shall also carry comPrehensire general liability including, but not limited to, recommend and automobile public liability insurance with balihy injury and death limits of in least 5300,000 for any one person, 5500,000 fro any one accident and property damage limit per accident of $400,000. The Seller shall likewise acquire his contractors, if any, to provide for such eompensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the Incomes of others, the Seller shall Coach the Purchaser with a c utificam dust such compensation mad insurance have been provided- Such cerdeaan shall specify the date when such compersation and in omme have been provided Such cmifiams shall specify the date whom such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Exactly assumes the moire responsibility and liability far any mail all damage, loss or injury of any kind nature whatsoever m person or property amed by or resulting from the weCalim of the 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 fears and a,imr any and all claims, losses, damages, charges or expenses, wFsther direct or indamer, and whether to person or Property Ir which Ce Purchaser may be put or subject by reason of any act, xlion, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or community officers, agents or employes. In case any suit or order proceedings shall be brought against the Purchaser, or its officers, agents or employees many 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 i fTcers, agents or cmpi.y,a az ti onessid, the Seller hereby agrees to assume the defcme hermf and to defend the some at the Sellers own expense, to pay any end an costs, charges, aamencys fees and other expenses any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against Ce property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at ante cause the ante to be dissolved and disclmnged by giving bond or athervise. The Seller and his comtucmrs shall take ell safey precaution, fiunish and inmll all guards necessary 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 Blued pursuant thereto. Revised 07n014