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HomeMy WebLinkAbout112130 PRECINCT POLICE PRODUCTS - PURCHASE ORDER - 9112010PURCHASE ORDER PO Number Page City Of 9112010 1 of z Flirt Collins on all i mbermu packing .-\�,J`' ` on all invoices, packing slips and labels. Date: 04/12/2011 Vendor: 112130 Ship To: POLICE DEPARTMENT PRECINCT POLICE PRODUCTS POLICE SERVICES 6350 WADSWORTH BLVD 2221 TIMBERLINE ROAD ARVADA Colorado 80003-4838 FORT COLLINS Colorado 80525 Delivery Date: 04/11/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Flash Bangs 1 LOT LS 1,692.20 per invoice OE005783 3/25/11 PLEASE SHIP TO ATTN: SGT DAN MURPHY; CONTACT #(970)416-2660. Total $1,692.20 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification%, 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 arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any ofits rights or remedies as to any such goods regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prinr or subsequent default hereunder. nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hercnf. Final Acceptance. Receipt of the mcmhandisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authmixed 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 resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmeedures. vinlalions arc in fact borne by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase rohn, the Seller hereby assigns to the Purchascr any and all claims it may now bait or hcreancr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7M Wood St. For, Collins. CO 50522. unless acquired under federal or state antitrust laws for such overcharges relating in the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight Purchased or acquired by the Purchaser pursuant to this purchase order. 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 various pans Of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller,and the Seller thercaner indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performod by the most expeditious means available to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at scllcts sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and mles 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 hold the City of Fan Collins brimless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any each laws, regulations, ordinances. talcs and reapdremca . Anthunration. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limit% acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by.wller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents coached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes tut reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligenec. such acts of God, acts ofeivil or military authorities, governmental priorities. Ines, strikes. Bond, 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 Seiler first received kOowledge 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 ¢coon of the delay. 3. WARRANTY. The Seller warrants that all goods, 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 care 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 suffer or incur on account of the Scllem breach o(wam nty. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be pescribod by Iry or by the terms ofany applicable warranty pmvidcd by the Seller aner 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 constitute a waiver ofany 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 warranties or guarantees, but such liability shall in no event include loss of pmfits 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 terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than Icgal terms, including additions to or deletions from the 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 performance hereunder. an equitable adjustment shall be made. 6.TERMINATIONS. The Purchascr may at any time by written change order, terminate this ngrcemcnt as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaur 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 adjustment be made in favor o(the Seller with respect to any good which me the Scllcrs standard stock. No such remmination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for ndjustmcm must be asserted within thirty (30) days from the date the change or termination is ordered. g. 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 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 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 Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramdeq or convey this order, or any monies due or to become due hereunder without The prior wrincn consent of the other parry. 10. TITLE. The Seiler warrants full, clear and unrestricted title to the Purchascr for all equipment materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, secnnty interest encumbrances and claims ofathers. The Seller shall rcicrose the Purchaser and its contractors of any tier from all liability and claims of any nature rewhing fmm the performance ofsuch 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 Scllcrs contractual obligations, including warranty, shall not he decmcd 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 any design, device. material or pmeess covered by letter, patent trademark or copyright, the Seller shall indemnify and save hamilcss the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material Or Prneexs in connection with the contract, and shall indemnify the Purchascr for any cost, expense or damage which it nmy be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thcrcof or the intended use of the goods. is in .such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its min expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the mine with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternts used or the interpretation ofthc agreement and the rights Mall panics hereunder shall be constmod under and governed by the Imes of the State of Colamdo. USA. The following Additional Conditions apply only in cases where the Seiler is to perfnrm work hereunder, including the services of Scllcrs Repmsentatjvc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease ofany accident, destruction or injury to the work and/or materials before Seller's furl completion and acceptance, complete the work at Seller's own expense and In the satisfaction ofthc Purchaser. When materials and equipment ore furnished by others for installation or erection by the Seller, the Seller shall receive. mmload, store and handle same at the site and become respansible therefor as though such materials and/or equipment were being furnished by the Scllcrunder the order. 19. 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 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 insurance with bodily injury and death limits of at least S300,006 for any one person. S500.000 for any one accident and properly damage limit per accident of S4040)0. The Seller shall likeoise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have bren pmvidcd. Such ecrtificmes 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. PRO "I'ECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsihility nod linhiliN for any and nil damage, loss of injury ofany kind or nntum whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase nrdcr or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any r all of the Purchasers officem, agents and employees fmm and against any and all claims, lot cs, 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 Seller. any of his contractors, or any of the Scllets or contractors officers, agents or employees. In case any suit or other pmcecding%shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or any of its or their offecm, agents or employees as aforesaid. the Seller herebv agrees to assume the defense thereof and to defend the came at the Scllcrs own expenses, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offeem. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Scllcr 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. furnish and install all guards necessary for the pm%cntlon 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 thercm. Revised 0312010