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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISC - PURCHASE ORDER - 9957241Date: 12/3/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9957241 Delivery Date: 12/3/2009 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT /� 9,072.00 21 proximity cards - Parking / v' Total $9,072.00 Invoice Address: City of Fort CoXmy Director of Purchasing and Risk Management City of Fort Collins This order is rtiQlhalid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt (rout state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 94-6000587 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 meet specifications. either when shipped or due to defects of damage in ❑nnsit. may be returned to ,you for credit and are not to be replaced except upon receipt of written insunctions front the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection kill alliva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B.- City of Fort Collins. 700 Wood St.. Fun Collins. CO 80522. unless otherwise specified on this order. If permission is given to prepay feight and charge separately. the original freight bill must acconopsgv invoice. Additional charges for packing will not be accepted. Shipment Distance. Where numufacturers have distributing points in various parts of the county. shipment is expected fion) the nearest distribution point to destination• and excess freight will be deducted front Invoice when shipments are made front greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, ten itory or political subdivision where the work is performed, m required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless fion) and against all liability and loss incurned by therm by reason of an asserted or established violation of any such laws, regulations, oi dinances. rules and requirements. Authmization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Orderexpressly linoits acceptance to the terns and conditions sorted herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporatedI herein by reference. Any additional or different tenors and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to inive oil your promised delivery date as noted. Time is of the essence. Delivery aid pertimntnce roust be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay. 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 not be liable for damages as a result of (lelays due m causes not reasonably foreseeable which are beyond its reasonable conrol and without its fault of negligence. such acts of God. acts of civil or military authorities- governmental priorities, fires. strikes. Flood, epidemics. wars m riots provided that notice of the conditions causing such delay is given to the Pavchascr within five (5) days of the tinge when the Seller first received knowledge thereof. In the event ofa ysuch delay. the date ofdelivery shall be extended for the period equal to the tinge actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform )vith applicable drawings- specifications, samples and/or other descriptions given. will be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nacre. The Seller agrees to hold the purchaser harmless fi-ont any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wan-anty. The Seller shall replace, repair m make good. without cost to the purchaser, any defects or faults arising within one (I) year m within such longer period of tirme as maybe prescribed by Inv or by the terns of any applicable warranty provided by the Seller afier the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting tiara imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wananty. Except as otherwise provided in this purchase order, the Selles liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing win inties or guai antees. but such liability shall in no event include loss of profits 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 temps by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other thin legal terns. including additions to m deletions fron) the quantities originally ordered in the specifications or drawings, by verbal of written change order- If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustmment be made in fSvor ofthe Seller with respect to any goods which at e the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered heeunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fion) the date the change m termination is ordered. S. COMPLIANCE WITH LAW. The Seller wan ants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall executeand deliver such documents as nay be required to effect or evidence compliance. All laws and regulations required to to incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indenmity and hold the Purchaser harmless from all costs and damages suffered by the PurehaSeras a result of the Sellers failure to comply will) such laay. If and only to the extent this [Agreement] constitutes a "sole source goveruient convict" within the mteaning of Article XXVIII ofthe Colorado Constitution ("Article XXV III"), then the provisions of Section 15 ofAnicle XXVIII are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 or Section 17(3) of Article XXVIII, then the [Conu'actor] agrees it shall be ineligible to hold any sole source government contract or Public employment with the state of Colorado or any of its political subdivisions. Port three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due m to become due hereunder without the prior written consent of the other pity. 10, TITLE. The Seller warrants trill, clear and unrestricted title to the Purchaser for all equipment, materials, ;utd items famished in performance or this agreement, ficc and clear of any and all liens, restrictions, r-esetvitions, security interest encumbrances and claims of others. 11. NONWAIVE It. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of i breach, the acceptance of or payment fin' goods hereunder m approval of the design, shall not release the Seller of any of the tvamun ies or obligations of this purchase order and shall not be deemed a waiver of anv right of the purchaser to insist upon strict petimmance hereof m any of its rights or remedies is to any such goods, regardless of when shipped, received or accepted, is to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OI' ANTITRUST CLAIMS. Seller and the Iurchaser recognize that in actual economic practice. overcharges resulting from iutiuvst violations are in titer home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state anioust I:nvs fin such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORr.MANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser stay cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tier front all liability and claims ofany nanrre resulting font file perfinnoincc of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and cnaplo_vees of such party. The SCf&S conunctu;d obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pertinnaed or caused to be perfornoed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, tradenuak or copyright. the Seller shall indemnnify and save harmless the Purchaser front any and all claims for infiingerent by reason of the use ofsuch patented design. device, material or process in connection with the contract. and shall indemnify the I'urchaser fur any cost, expense m dannige which it maybe obliged to pay by reason of such infringenment at any tinoc during the prosecution m after the completion of the work. In case said equipment. or anypan thereof or the intended use ofthe goods, is in such suit held to constitute inffingen)ent and the use of said equiprent or part is enjoined, the Seller shall, at its own expense and at its option• either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but non-infi-inging equipment, or modify it so it becores non-infi ingine. I S. INSOLVENCY. If the Seller shall lecon)e insolvent m bankrupt make an assignnment for the benefit ofereditors, appoint a receiver or trustee tie' any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of all parties hereunder shall be Construed under and governed by the laws of the State of Colorado- USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of sellers Representative(s), on tine premises of others. IT SELLERS RESPONSIBILITY. The Seller shall canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, incise of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, conoplcte the work at Selicr's own expense and to the satisfaction ofthe Purchaser. When materials (ad equipment arc • furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same it the site and become responsible therefor as though suclm nnatcriils and/or equipment were being furnished bythe Seller undo the ordcr. IF. INSURANC'.E. 'rile Seller shall, at his own (•spense, provide for the payment of workers con)pensatian, including occupational disease benefits- to its employees cmploycd on or in connection with the work covered by this purchase orde'- and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry conoprehcnsive general liability including. but not limited to. contractual and autormobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Betme any of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchaser with a cetificate that such compensation and insurance have been provided. Such certificates shall specify the date 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 insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'file Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind m nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase orde' or in connection herewith. The Seller will indemnify and hold haniless the Purchaser and anyor all of the Purchasers officers, agents and employees f oni and against any and all claims, losses, damages. charges or expenses. whether direct or indirect. and whether to persons or property m which the Purchaser maybe put c r subject by reason of any act action. neglect omission or default on the pan of the Seller. any ofhis contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser: or its offices. agents or employees at anv timme 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 officers, agents m employees as aforesaid, the Seller hereby agrees to assumae the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. changes, attorneys fees and other expenses, any and alljudgments that maybe incurred by m obtainedagainst the Purchaser or any of its or Ihcir officei s. 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 oras a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged bygiving bond Lit otherwise. The Seller and his contractors shall take all safety precautions, furnish and install 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 rules and regulations issued pursuant thereto. Revised 04/2001) Poudre Fire Authority Bev McBride 416-2837 OTPS PFA Device 1 (Facility Code = 97) Fob Susan Ferrari 5384 .................................................................................................................. Holger Durre .................................................................................................................. 5024 Tom Hatfield 5019 .................................................................................................................. Connie Iverson 5006 ................................................................................................................... Bev McBride 5007 .................................................................................................................. Kirsten Howard 5005 ................................................................................................................... Garnet England ................................................................................................................... 5035 Ron Gonzales 5026 ................................................................................................................... Joe Jaramillo 5028 ................................................................................................................... John Mulligan 5011 ................................................................................................................... Tammy Salisbury 5027 ................................................................................................................... Steve Miller 5004 ................................................................................................................... Roger Smith ................................................................................................................... 5040 Shawn Brann 5048 ................................................................................................................... Kevin Wilson .................................................................................................................... 5013 Greg Greaves 5196 .................................................................................................................... Eric Nelson 5020 .................................................................................................................... Shawn Williams 5163 ................................................................................................:................... Guy Boyd .................................................................................................................... 5021 Bob Poncelow 5299 .................................................................................................................... Mike Gress 5376 .................................................................................................................... Carie Dann 5003 .................................................................................................................... Patrick Love 5102 21 x $36 x 12 months = $9,072 Device 2 (Facility Code = 106) Card ............................................................................ 50527 ........................................................................... 50528 ................................................. I......................... 50529 ........................................................................... 50530 ........................................................................... 50531 ........................................................................... 50532 ........................................................................... 50533 ........................................................................... 50534 ............................................. I............................. 50535 ........................................................................... 50536 ........................................................ I.................. 50537 .......................................................................... 50538 ........................................................................... 50539 .......................................................................... 50540 .......................................................................... 50541 .......................................................................... 50542 .......................................................................... 50543 .......................................................................... 50544 .......................................................................... 50545 .......................................................................... 50546 .......................................................................... 50547 ......................................................................... 50548 .......................................................................... 50549 ................................................................. I....... Mini order # pplier # OV # Batch # L-pv# Batch #