HomeMy WebLinkAbout462610 INTERNATIONAL SURVEILLANCE TECHNOLOGY INC - PURCHASE ORDER - 9955650Date: 12/8/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9955650
Delivery Date: 9/15/2009 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: PER QUOTATION FROM DON DiFRISCO TO JAMES MINES (LOVELAND PD)DATED 6/30/09.
QUOTATION INCLUDES TRANSPORT OF THE VAN TO THE REPAIR DEPOT & BACK;
REPAIR DEPOTS ARE IN DEERFIELD BEACH, FL AND LORTON, VA.
VAN BELONGS TO NORTHERN COLORADO DRUG TASK FORCE (NCDTF).
Line Qty/Units Description Extended Price
3 1 LOT 18,848.00
Repair of Equipment as Quoted
NCDTF surveillance van
ACCT # CHANGED PER T.MURAGURI EMAIL DATED 12/7/09. -ECB
Total
City of Fort C inf Director of Purchasing and Risk Management
This order is nQLValid over $5000 unless signed by James B. O'Neill II, CPPO
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
$18,848.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Foil Collins is exempt from state and local taxes. Our Exemption Ntunber is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Interval 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 of due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions fiout the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins ins
Final Acceptance. Receipt of the merchandise, services of equipment in response to [his order can result in authorized
payment on the part of the City of Foil Collins. However. it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be P.O.B., City of For Collins, 700 Wood St.. Fort Collins, CO 80522. unless
otherwise specified on this order. Ifpernission is given to prepay freight and charge separately, the original Freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance, Where mattiftetu'eis have distributing points in various ports ofthe counny, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipments are
made from 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, or required by any other duly constituted public authority having jurisdiction over the Work of vendor.
Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incur ed by then[ by
reason of an asserted of established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives at e. 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 terns and conditions stated herein
set forth and any supplementary or additional terns and conditions annexed hereto or incogioi rated herein by reference.
Any additional of different terns and conditions proposed by seller at objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to an-ive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be elTMed within the time
stated on the purchase order and the documents attached hereto_ No acts of the Iurchaseis including. without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this 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 delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts
of God, acts of civil of militay authorities, governmental priorities. fires, strikes, flood, epidemics. wars or riots
provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time
when the Seller first received knowledge thereof. In the event ofany such delay. the date ofdeliveyshall be extended
for the period equal to the time actually lost by reason of the delay
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conf inn with applicable
drawings, specifications. samples and/or other descriptions given. will be lit fur the purposes intended. and per0.ntned
with the highest degree of care and competence in accordance with accepted smnulnrds to hvork ofa similar nature.
"File Seller agrees to hold the purchaser harmless foul any loss, damage or expense which the Purchaser may sutler or
intent on account of the Sellers breach of warranty. The Seller shall replace repair or make good. without cost io the
purchaser, anydefeets or faults arising within one (I) year or within such longer period oftirie as maybe prescribed by
law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed). resulting Dort inipeieet or defective work done or
materials furnished by the Seller. Acceptance m use of goods by the Ptirdasershall not constitute a waiver of any
claim under this warranty. Except as 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 hcatianties art guarantees. 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 terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puchasei maymake any changes to the terms, otherthan legal tents, including additions to of deletions fonithe
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 of perfxmance hereunder, an equitable adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreemnent ns 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 clairs for anticipated profits on the unconhpleted portion of the
goods and/or work for incidental or consequential damages, and that no such adjustment be made in laver ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve die Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asseted within thirty (30) days from the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict
compliance with all applicable Imes and regulations to which the goods are subject- The Seller shall execute and deliver
such documents is may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purcluse as a result of the
Sellers failure to comply with such law. '
If and only to the extent this [Agreement] constitutes a "sole source eovemment contract" within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"), then the provisiuns of Section I S of Article XXV I I I
are hereby incorporated into this [Agreement]. In such a case_ if the [Cunt actoiI or any other person hvho is a
"contract holder" as defined in Section 2(4.5) oFArticle XXVIII intentionally violates Section 15 of Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado of any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer. of convey this order, or any monies due o to become due hereunder without the
prior written consent of the other party,
10. TITLE. -
The Seller war ants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished in
perf iniance of this igieenicat. fiee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and damns of others-
1I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
cxeicisc any rights or remedies provided herein of by law, failure to promptly notify the Seller in the event ofa breach,
the acceptance of of payment tot goods hereunder of approval of the design. shall not release the Seller of any of the
—oarlies or obligations ofthis purchase order and shall not be deemed a Waiver ofany right ofthe purchaser to insist
upon strict perfommance hereof of any of its rights or remedies as to any such goods, regardless of when shipped,
receiwetl or accepted, as 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 OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust violations are
in fact borne 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 m state
antitrust laws for such overcharges relating to the paticulargoods of services purchased of acquired by [he Purchaser
ptusu:mt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming of defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or 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 from all liability and claims ofany nature resulting
foul the performance 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 employees of such party.
The Seller's contractual obligations, including warranty, 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.
Whenever the Seller is required to use anv design. device, material or process covered by letter, patent. trademark of
copyright, the Seller shall indenundv and save harmless the Purchaser from any and all claims for infiinge tent byreason
of the use of such patented design. device, material or process in connection with the contract, and shall indenaify the
Purchaser fir any cost, expense or damage which it nay be obliged to pay by reason of such infringement at anytime
during the prosecution or atter the completion of the work. In case said equipment, or any pot thereof or the intended
use of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the
Seller shall.: t its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or pats. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
non -infringing.
I5_ INSOLVENCY.
If the Seller shall become insolvent or bankrupt. snake an assignment for the benefit ofci editors, appoint a receiver or
it ustee furl :ay of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
linbility.
10. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreemeent and the tights of all parties hereunder shall be
construed under and governed by the hags of the State of Colorado. USA.
"rile following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Seller Representative(s)_ on the premises of others
17. SELLERS RESPONSIBILITY
The Sellet shall canyon said work at Seller's own risk until the snnhe is fully completed and accepted, and shall, incase
of any accident, destruction or injuryto the work and/or materials before Seller's final completion and acceptance,
nnplete the work at Seller's own expense and to the satisfaction ofthe Purchase. When materials and equipment arc
furnished by others tilt insmllaion of erection by the Seller, the Seller shall receive, unload, store aid handle same at
die site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller
undo the order.
18. INSURANCE.
The Seller shall, at his own expense, provide For the paynnent oFworkei s compensation, including occupational disease
benefits, to its employees employed on of in connection with the work covered by this purchase order, and/or to their
dependents in accordance with the laws of the state in which the wok is to be done. The Seller shall also cant'
comprehensive general liability including, but not limited to, contractual and autonwbile public liability insurancewith
bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property
d:unage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation alit insurance. BefIne any of the Sellers of his contractors employees shall do any work upon the
premises of other, the Seller shall tarnish the Pa'eliaser' wlih a certificate 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.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting fioni the execution of the work provided for in this
purchase of de or in connection herewith. The Seller will indennify and hold harmless the Purchaser and any or all of
the Purchasers officers, agents and employees fiomi and against any and all claims, losses, damages, charges of
expenses, whether director indirect, and whether to persons of property to which the Purchaser nary be put or subject
by reason of any act, action, neglect, omission of default on the part ofthe Seller, ary ofhis contractors, or anyofthe
Sellers or conttaetos officers, agents of employees. In case anysuit or other proceedings dull be brought against the
Purchaser. of its officers, agents o emnployees at any time on account of by reason ofany act, action, neglect, omission
of default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the
Selle hereby agrees to assume the defense thereof aid to defend the sane at the Sellers own expense, to pay any anti
all costs, charges. attorneys fees and other expenses, any and all judgments that maybe incurred byor obtained against
the Purchaser or any of its or their ofticers, agents or employees in such suits or other proceedings, and in case
judgment or other lien be placed upon of obtained against the property of the Purchaser, of said patties in ores aiesult
of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond
of otherwise. The Seller and his contactors shall take all safety precautions. finish and install all guards necessaryfin
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 04/2009