Loading...
HomeMy WebLinkAbout296701 TIBURON / COMPUDYNE - PURCHASE ORDER - 9111666City of � ,,�t Collins PURCHASE ORDER Date: 03/22/2011 Vendor: 296701 TIBURON/COMPUDYNE 6200 Stoneridge Mall Road, Suite 400 Pleasanton California 94588 PO Number Page 9111666 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 03/22/2011 Buver: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price EP-13882 dd Storage Capacity 1 LOT LS 18,836.50 C3. O✓la.:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tem3s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and heal taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 54-60MS87 is registered with the Collector of Fnihue of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay in Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance of or pnymcnt for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of nay 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 written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instruction, from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any pmpnncd oral mndification or rescission of this purchase order by the Pumhascr operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. 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 resuhing from antitn st ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St., Port Collins, CO 50522. unless acquired under federal or state arditmst laws for such overcharges relating to the panicular goods car services otherwise specified on this order. If pemmission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser ro mint to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE Or SELLERS OBLIGATIONS. Shipment Distance. Where maneficmrcrs have distributing points in various parts of the country, shipment is Tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted Emir Invoice when Purchaser and the Scllcr, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchnscr shipments are made from greater distance, may cause the work to be performed by the most espeditious means mailable to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at scllets sale cost all necessary permits certificates and licenses required by all applicable laws, regulations, 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 vendor. Seller further agrees to held the City of Fort Collins harder from and against all liability and loss incurred by them by reason of an asserted or established violation of any such Imes, regulations, ordinances, odes and rcgnitcmcam Authorization. All panics to this contract agree that the 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 staled hcrcin set forth and any supplementary car additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller nre objected to nod hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. DeBvcry and perfomrancc most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision, In the event Many delay, the Purchaser shall have, in addition to other legal and cquitablc remedies, the option ofplacing 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 arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or militaryauthorities, governmental priorities, fires, strikes, flood. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seiler first received knowledge thereof. In the event 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. 3, WARRANTY, The Seller warrants that all good. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees, to hold the purchaser harmless from any loss, damage or expense which the Purchaser may so Her or incur an account of the Scllcrs breach of warmnN. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (I I year or within such longer period of time as may be prescribed by lam or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the grad famished Immundor (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials fumishcd by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver oratory claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs 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 loss of porfns Or loss Of use. NO IMPLIED WARRANTY OR M ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ems. other than legal terms, including additions to or deletions from the quantities originally ordered in the specificatiotw or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpaformanee Immunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any Of all portions of the goods then not shipped, subject to any equitable adjustment between the panics 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 good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within shim (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated hcrcin by This reference. The Seller agrees to indemnify and hold the Purchaser harmless foam all costs and damages suffered by the Purchaser as a result of the Sellers fai tare to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due horcundcr willmnt the prior written consent of the other parry. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any nature resulting form the wrf naroacc ofsuch work. This release shall apply even in the event of faull of negligence of the perry released and shall extend Ira the directors, officers and employees of such gam. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquircd to nee nny design, device, mutcrial or process covered by letter, patent, tmdcnmark or copyright, the Seller shall indcmnify and save Immiless the Purchaser from any and all claims for iafringcnent by rensren of the use of such patented design, dm'ice, material or process in connection %ith the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or after the completion of the work. In case said equipment or any pan thercnf or the intended use critic good, is in such suit held to consindn infringement and the use of said equipment or part is enjoined. the Seller shall. at its own expense and m its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but non infringing equipment, or modify it so it becomes aoninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make an assignment for the bene0t of creditors, appoint a receiver or tmstce for any of the Set lcm proper or business. Ih is order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions of temw used ru the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases %'here the Seller is to perform work Iereunder, including the services of Sellers Repamsenmtive(s), ov the premises ofothers. 17. SEI.LE:RS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the some is fully completed sad accepted, and shall. in ease of any accident. desunetion or injury to the work and/or materials before Sellers final completion and nceeptance, complete the work at Seller's own expense and to the salisfaclion of the Purchaser. When materials and equipment arc burnished by others for installation or erection by The Seller, the Seller shall mccive, unload, store and handle same at the site and become responsible Ihcrcfor as though such materials and/or cquipnenl were being famished by the Stiller under the order. 18. INSURANCE, The Seller shall, at his own expense, Provide for the payment of workers compensation, including meenpational disease benefits. to its employees employed on or 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 work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurracc with bodily injury and death limits of a t least S300.000 far any one person. S500.000 for any one accident and property damage limit per accident of S400,1p0. The Seller shall likewise require his contractors, trams, to pmvide for such compensation and insurance. Before any of the Scher, or his contractors employees shall do any work upon the premises of nthcrs, the Seller shall furnish the Purchaser with 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 cenifieetes shall specify the dote when such corgwnsatimt and insurance expires. The Scllcr agrees that ,such compensation and insurance shall be maintained until aner the entire work is completed and ueccptad. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any or all of the Purchasers Officers. agents and employees from and against any and all claims, losses damages, charges or expenses. whether direct or indirect, and whether to persona or property to which the Purchaser may be put or subject by rrnson crony act, action, neglect, remission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit of other poreeedin gs shall be brought against the Purchaser, or its officers, agents or employees at any time an 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 or employees as aforesaid, the Seller hereby agrees to assure the defense thcmcf and m defend the same at the Scllcrs own expense, to pay any and all costs, charges, aumraeys fees and other expenses, any and all judgments that may he incurred 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 the pmperty of me Purchaser, or said parties in tar as a result of such suits or other pmccedings, the Seller will at Once cause the sonic to be dissolved and discharged by giving bond or other%'isc. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Ilcalth Act of 1970 and all talcs and regulations issued prommad thereto. Revised 03/2010