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HomeMy WebLinkAbout548927 SKC COMMUNICATION PRODUCTS LLC - PURCHASE ORDER - 9147551PO PURCHASE ORDER 9147551 Page C117/ of PURCHASE 9147551 t of 2 `t Collins I„s This number must appear v ` 1' on all invoices, packing sli s and labels. Date: 12/22/2014 Vendor: 548927 SKC COMMUNICATION PRODUCTS LLC 8320 HEDGE LANE TERRACE SHAWNEE MISSION KS 66227 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 12/22/2014 Buyer: ED BONNETTE Note: PER 8015 PFA VIDEO & AUDIO CONFERENCING SOLUTION CONTRACT AWARD TO SKC. Line Description Quantity UOM Unit Price Ordered Extended Price I Video Conferencing System 1 LOT LS 124,523.00 per RFP 8015 award to SKC 2 Video Conferencing System 1 LOT EA 1,484.68 add'I funds added ADDITIONAL FUNDS ADDED TO PO PER K.HOWARD EMAIL DATED 12116/14. -ECB 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 t [.I F' 1 �,YI F3Xrir]LY 7 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. COMMERCIALDETAIIS. Tax exemption. By statute the City of Fort Collins is exempt fmm state and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifirce of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or do to deftets of damage in Vomit may be ordered to you fro credit and art not to be replaced except upon receipt of action instructions font the City of Pon Collins. Impration. GOODS me subject to the City of Fort Collin inspection on m isal. Final Acceptance. Receipt of the me chandiu, services or equipment in response to this order can result in authorized payment on the pent of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon Completion of all applicable required inspection procedures. Freight Tema. Shipments mtse be F.O.B., City of Fort Collins, W00 Woad St, Four Collins, CO 80522, unless otherwise specified on this order. if Permission is given to prepay f ight ad charge saparamly, the odginl freight bill must accompany invoice. Additional charges far Parking will .1 be mceptad. Shipment Distance. Where mmufamums have distributing points in various pans of the country, shipment is expected from the tourist distribution paint m detication, and excess freight will be ddnued boom Invoice when Shipman%are made from greater distance. Permits. Seller shall pranre at sellers sole cost all necessary remain, cetificams and licenses required by all applicable laws, regulations, oMiami. and rates ol'the state, municipality, lerimry, or political subdivision where the work is performed, or required by any other duly constituted public authority havingju isdiction over the work of vendor. Seller further agrees to hold the City of Fog Collins harmless fmm and agreed all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinmea, rules rout requirements. Authoriration. All parties to this contact agree that the representatives are, in fact, bona fide and possess full and mmplela autbonry to bind said prnies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and andhims sited herein sal form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mmol make complete shipment to serve on year Promised delivery date is, stored. Time is of the aasence. Delivery and performance must be affected within the time sued on the purchase order shad the doamens aumhd hereto. No acts of the Purchasers including, withoul litigation, acceptance of Waial late deliveries, shall m am as it waiver circus provision. In the event crony it,$,, the Purchaser shall have, in addition to other legal and equitable candies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not Is, liable for damages as a recall of delays due a causes nor rmsunably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts ofGod, teas ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nuls provided that notice of the conditions causing such delay is given m she Purchaser within five (5) days of the time when the Seller died received knowledge therm[ In fire event of any such delay, the dam of delivery shall be extended for the peril equal to fie time wholly Imt by reason of the delay. 3. WARRANTY. The Sell. wmtmn that all gods, coracles, materials red work coverd by this oMe, will mnfosm with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the puryo,aii amended, and performed with the highest degree of care and competence in accordance with accepted standard for work of n imilar nacre. The Sella, agrees 1r hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of worm day. The Seller shall replace, repair or make god, without cost to the purchased my defts or faults arising within one (1) year or within such longer peed of time in; may be prescribed by law or by the tames of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance tot to ha tmreasmably delayed), resulting from imperfect or defecfve work done or materias fum rival by the Seller. Acceptance or use of good by the lambaste shall not mmtiune it waive, of my claim sel this waranly. Except. otherwise povidd in this purchase order, tM Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass ofpmfin or lass of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes ro legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may intake my changes to the terms, other than legal tarns, transient additions m or deletion from the quantities originally ordered in the spcifcamons or drawings, by vedsal m woman change order If my such change artects the amount due or the time of prfmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by wrong change order, terminate this agreement as to any or all portions of the goods then nat shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted potion of the good succor work, for incidental or consequential damages, and that m such adjustment be made in favor of the Seller wit respect to my good which are fed Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations ss to my goods delivered hweusder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assetd within thirty (30) days from the data the change or farmination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in min compliance with all applicable laws and regulations in which the good ate subject The Seller shall execute and deliver such documents as may be mryird to effect or evidence compliance. All laws and regulations requited to be incompro ed in agreements of this character ere hereby incorporated herein by this carrrna. Tbc Seller agrees to indemnify and build the Purchase( harmless fmm all costs and damages suRerd by the Purchaser ex a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, lmrefer, or convey this order, or any monies due or to become due hereunder without the prior occurs consent ofthe otherpaty. 10. TITLE. The Seller warrants full, clear and unresmeted title to the Ptuchazer fro all equipment, materials, abut it. fumishd in palmorrouses, of this agrecmevt bee and clear of any and all line, restrictions, rtxrvations, samily interest rncumbrerces and claims of othrn. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the tents and conditions hereof, failure or delay m iscovise any rights or remedies provided herein ar by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofhe design, shall not releme the Seller of any of the warranties or obligations of this purchase order and shall not be damd a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or ladies as to my such goods, regardless of when shipped, received or accepted, ex to my prior or subsequens default hereunder, nor shall my purported oat modification or Tarim. of this purchase order by the Pmchaser operate ses a waiver of my of the toms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations ore in Ose ct home by the Purchaser. Theremfare nfor good cause and as consideration Ibr executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fdeml or state antio of laws for such overcharges retain, to the particular good or services purchased or acquired by the Purchaser pursuant to this mschau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nommnfoning or detective goods by a date to be, ag,eW upon by the Purcbzsser and the Sella,, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work 1. be performed by the most expedifious means available to it, cad fie Seller shall pay all costs assaiated with such work. The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of red party released and shall extend to the directors, officers and employees of such Pasty. The Sellers contactual obliggliors, including warmly, shall not be deemed to be, reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Wbenever the Seller is comind to use any design, device, material or process covered by ]char, patent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of such parroted design, device, matmal or process in emmection with the comma, and shall indemnify the Purchaser for my cost, expense or damage which it may be obligd to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case sold equipment or my parr thereof or the intended use of the goods, is in such said held to mretiture infringement arm the use of said equipment or pan is enjoined, the Seller shall, at its own eaprge and at its option, either procure for the Purchaser the right to continue using said equipment or from, replace the same wif substantially equal but noninfringing equipmmr, or mWiry it m it becomes nounGn". 15. INSOLVENCY. If tee Seller shall become insolvent or mandar L make an assignment for the benefit of creditors, appoint a ranva 01 trustee for my of the Sellers property or business, Ibis order may forthwith be canceled by the Pmchaser without liability. 16. GOVERNING LAW. The definitions of emu used or the interpretation of the agreement and the rights of all pasties hereunder shall be conswed under and governed by the laws ofthe Sate ofColonall USA. The following Additional Conditions apply only in acres where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises urchin. 17. SELLERS RESPONSIBILITY. The Sella shall tarty en said work at Sellers own risk ant[ the same 6 fully completed and accepted, and shall, rase of my accident, destruction or i jury to the wad, We, materials before Sellers Real completion and acceptance, complete else work at Sellers oxen expense and to the satisfaction of the Purchaser. When maerias and equipment are famished by others for installation or erection by the Seller, the Seiler shill receive, random, stare and handle same at the site and become responsible therefor as though such matands andjor equipment were being famished by the Seller under the 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 connecting with the work covered by this purehsx order, andtor to their dependents in accordance with else laws of the state in which the work is to be dome. The Seller shall also carry mmprthcmive gencal liability including, but not limited to. mmrmal and automobile Public liability insurance with bodily injury and dmN limits of at least S300,000 for my one person, 3500,0W for my one incident and property damage limit pa accident of S400,000. The Seller shall likewise require his concessions, if any, to provide for such compmaion and commence. Before my of the Sellers in his contractors employees shall do any work upon the premises of others, the Seiler shall famish the Purchas. with a certificate that such compensation and insurance have been provided. Such aci ific arms shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and natural shall be mainni ned until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mum rsponsibilily and liability fro my and all damage, lets or injury afmy kind or ,azure whatsoever to Persons or property caused by or resulting fmm the execution ofthe work provided for in this pumh. order or in comrearm becewilh. The Seller will indemnify and hold hamdess the PurChxsar arm my cr all of the Purchasers officers, agents and employees trainand against my and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or propmy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default eta the Pest of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In use any suit or other proceedings shall be brought against the Purchaser, or its officers, spends or employees at any time on account or by reasons of any ml, actin, neglect, omission or default of the Seller of my of his conemetors or my of its or thew officers, agents of employees ns aforesaid the Seller hereby agrees to assume the defenx thereof wall W defend the smile at the Sellers own expense, to pay my and all casts, charges, aelpmeys has aed other exprses, any and all judge .that may he incurred by or obtained against the Purchaser or my of its or these oJj agents or employees in such suits or other proceedings, and in case judgment in other lean be placed upon or obtained against he property ofthe Purchaser, or said pasties in or. o result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and imall all Rights necessary for the prevention of accidents, comply with all laws and regulations with regard to artery including, but without limitation, the Occupational Safety arut Health Act of 1970 arm all roles and regulations issud gas .thereto. Revised Ivan 14