HomeMy WebLinkAbout126722 WIRELESS ADVANCED COMMUNICATIONS - PURCHASE ORDER - 9150410Fort Collins
Date: 01/15/2015
Vendor: 126722
WIRELESS ADVANCED COMMUNICATIONS
3901 W SERVICE RD
EVANS CO 80620
PO Number Page
9150410 1 1of2
This nuinvmber must appear
on all oices, packing
sli sand labels.
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 01/15/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Ser Agreement Radios
1-2203073
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
15,610.00
Total $15,610.00
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 exemptions. By sratute the City of Fort Collins is exempt from sale and local taxes. Ow 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 Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in
Internal Revenue, Denver, Colorado (Ref. Colorado Raised Sbatuto 1973. Chapter 39-26,114 (a).
exerclse my rights or rcmdies provided herein or by law, failure ro promptly notify, Ne Sella in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofae design, shall not release the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of carmen
Purchaser to insist upon stria performance hereof or any ofils rights or remedies as to any such goads, regardless
instructions from the City affront Collins.
cf when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pumoned
oral modification or remission of His purchase order by the Pmchaser operate to a waiver of any of the terns
Inspection. GOODS are subject to the City of Too Collins inspection on arrival.
hereof.
Final Accep sue. Receipt of the nrcrchmndise, services or equipmmt in response to this order can molt in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
enhanced] payment on the For of the City of Fort Collins. However, u is to be tmderstood that FINAL
Seller and the Purchaser rmognia, that in actual economic practice, overcharges resulting been antitrust
ACCEPTANCE is dependent upon completion ofall applicable natural inspection p dues.
violations ere in fact home by the Puchasef. Theretofore, for good coon and az consideration for executing has
purchase order, the Sella hereby assigns m the Purchaser any and all claims it may row have a hereafter,
Freight Terms. Shipments must be F.O.B., City of Fort Collins, I00 Wood St, Fon Callim, CO 80522, unless
acquired under federal or sate mtivust laws for such overcharges relating to the particular goods or services
otherwise specified m Nis alde, if pmnasio s is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser parstmt to this purchase cola.
bill 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 liarimos pans of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a&te to be agreed upon by the
expected from me nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made fro greater distance
may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
cos¢ associated with such work.
Parties, Seller shall pmcore at sellers sale cost all necessary Permits, certificates and licenes required by all
applicable laws, regulations, crduances and roles of the sa r, municipality territory or political subdivision where
the work is performed, or require by any other duly comtiruted public autMdly havin Pardiction over the work
of vrndor. Seller frmer agrees to hold the City of Fon Collins broad. from and against all liability and lass
incurred by them by reason of an worried or established violation of any such laws, regulations, memories, mles
and requirements.
Authorization All parties to this contract agree that Ne representatives arc, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions soled
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
mmmove. Any additional or different it. and conditions proposed by seller are objected a and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT iinmediaely if you anent make complete shipment to active on your
promised delivery date as noted. Time is of the.. Delivery and Performance must be, effected within Ne time
sated on the purchase order and the document muchd hereto. No was of the Purchasers including, without
limitation, acceptance of partial late delivefics, shall operant as a waiver of this provision. In the event of any delay,
the Purchases shall have, in addition to other legal and equitable remedies, the option Affiliate, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not reassembly foreseeable which are beyond its reasonable control and without its fault of negligence,
such sees of God, acts ofcivil or military am efiies, giremmenal priorities,fires,stokes, flood, epidemics, wars or
riots 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 thereof In the went of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
J. WARRANTY.
The Sella wamnts that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples malla other description given, will be fit for the putpam intended, and
performed with life highest degree of care and competence in accordance with accepted standards for work of a
imiar, azure. The Sell. We. to hold the purchaser harmless from my Iles, damage or expense which the
purchaser may suRa «incur on account of the Sellers breach of oo m ay. The Seller shall replace, repair or make
good, without cast to the purchaser, my defects or faults arising within one (U year or within such longer pdd of
time n may be pomah,d by law or by the term of any applicable warranty provided by the Sella oiler the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constime a waiver ofany claim under this warranty. Except to otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntiex
or guamntas, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puchaser may rake changes to legal torts by women change under.
5. CHANGES IN COMMERCIAL TERMS.
The Puchaser may make any changes to the tears, other than legal terms, including additions to or delaims from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. IIany such
change affects the antrum due or the time of,aformance, bereundeu sea amiable Afivin nt shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change ofdeq terminate this agreement ns to any or all portions of the
goods that not shipped subject to any equitable minsment between the parties as to any work tar nataiaa then in
progress provided that the Pumbaser shall not be liable for any claims for anticipated profs on the uncompleted
portion of the goads anNm work, for moidenal or consequential darroo,ans, and that m such adjustment be mode in
favor of the Seller with caper, m any goods which are Our Sella standard stack. No inch amintion shall relieve
the Purchaser or the Sella ofmy oftlrcir obligations as many goods delivered hereunder.
I. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be retained within thirty (30) days from the date due change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warmts that all goods sold hereunder shall have been produced, sold, delivered and famished in soin
compliance with all applicable laws and regulations to which the goads are subject- The Seller shall execute and
deliver such documents as may be, require to effect orevldence compliance. All laws and regulation required to he
incorporated in agreements of this character are hereby inap"in fed herein by Nis reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all it and damage suffered by the Purchaser ss a molt of Ne
Sellers failure to comply what such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the
prior womb consent of the other party.
10. TITLE.
The Seller woman, bill, clear and unrenricted title to the Purchaser for all equipment, materials, and items famished
in paformance of this agreement, free and clear of any and all lien, restriction, reservation, security interest
encumbrances and claims c f ethers.
The Sella shall release the Purchases and its contactors of any ties boom all liability ad claims of any remain
multingf the pfirformame itit work.
This release shall apply even in be event of fault of mi igmce of the pasty, released and shall extend a the
directors, ofc—and employees of such party.
The Sella's contractual obligations, including warrany, shall not be deemed to be reduced, in any way, because
such with is performed or conned to be performed by the Purchaser.
14. PATENTS.
Whenwer the Seller is required to use any design, device, material or prowess coveml by letter patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by rearm of the use of such patented design, device, material or process in connection with the contact, and
shall indemnify the Puchaer for any cart expense or damage which it may be obliged to pay by reason of such
infringement at my time during the proration or other the completion of the work. In case said equipment, or
my part thereof or the intended use of the goods, is in
such suit held m constitute infringement and the use of
put en said component ar t is joined, the Seller shall, at its awn expense and at its option, either precmr for the
Puchaser the right a continue using said equipment or pans, replace the same with substantially equal but
nonirJrnging equipment, tar modify it so it becomes noniefringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
rctrute or se for any of the Sellers property or business, this radial may forthwith be canceled by the
Pu haser without liability.
16. GOVERNING LAW.
The definitions ofarms used or the interpretation ofthe agreement and the rightsof all parries hereunder shall he
consuud uder and gkvemed by the aces ofthe Sate ofColosido, USA.
The following Additional Conditions apply only in eases where the Sella is to perform work hereunder,
including the services of Sellers Rc,maenative(s), on the premises ofode rs.
17. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at Sellers own risk until the same is fully completed and itimptal, and shall,
in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fumishd by others for installation or erection by the Sella, the Sella shall raeive, uNad,
store and handle mine at the site and become responsible therefor as though such materials godson equipment
were being fumlshed by the Seller order the order.
18. ENSURANCE.
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,
.Nor to their dependcnls in accordance with the laws of the sale m which the work is to be done. The Sell.
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits ofat leas, 5300,000 for any one person, 55W,0p0 for any
accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his comments
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificare
that such comp rection and inumnce have Even provided. Such emifici tes shall specify the date when such
compensation and insurance have been provided. Such conifiates shall specify the date evwhm such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall he maintained mail after me
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ace a me entire responsibility and liability, far my and all damage, loss or injury of any kind
or nature whensoever to person or property mused by or revolting from the execution ofthe work provided for in
this purchase orda or in connection herewith. The Sella will indemnify and hold hmmless the Purchaser and my
r all of flue Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons 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 Sella, any of his
contractoq or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against she Purthasa, or its ofT ers, agents or employees at any time on account or
by reason of my act, action, neglect, omission m default of the Seller of any of his commctors or any of its or
Neu oRcem. agents or employees as aforesaid, the Sella hereby agrees to income the defense Nttmf and in
defend the same an the Sellers owes expense, an pay my and all cons, charges, a regrom fees and other expenses,
my and all judgmens Oal may he ivettmd by or obtained agoras, the Palmer or my of its m their officers,
agents or employers in such suits or other proceedings, and in case judgment or other lim Ix placed upon a
obtained against the property of the Purchaser, a said ponies in or as a result of such emits or other proceedings,
the Seller will at once cause the same as be dissoWd and discharged by giving bond or otherwise. The Seller and
his contractors shall bake all salty precautions, f mish and install all guards naesstry for the prevention of
accidents, comply with oll laws and regulations with regard to safery including, but without limitation, the
Occupational Safety and Ihealth Act of 1970 and all roles and regulations issued Function therein.
Revised O7R014