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HomeMy WebLinkAbout131664 LEXIS NEXIS MATTHEW BENDER - PURCHASE ORDER - 9116875 (2)City of art Collins Date: 11/1612011 PURCHASE ORDER Vendor: 131664 LEXIS NEXIS MATTHEW BENDER 136 CARLIN ROAD CONKLIN New York 13748-1531 PO Number Page 9116875 1 of 3 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: 11/16/2011 Buyer: ED BONNETTE Note: PER QUOTE FROM RICHARD SIMONIAN DATED 11/7/2011. (QTY 229) @ $25.20/EA = $5,770.80 SHIPPING & HANDLING $364.05 TOTAL $6,134.85 PLEASE SHIP TO ATTN: JOSEPH FLETCHER CONTACT #(970)221-6279 Line Description Quantity UOM Unit Price Extended Ordered Price Quote 11/7/2011 1 LOT LS 4,286.40 CO Peace Officer Handbook 2012 2 Quote 11/7/2011 1 LOT LS 1,607.40 CO Peace Officer Handbook 2012 3 Quote 11/7/2011 1 LOT LS 133.90 CO Peace Officer Handbook 2012 4 Quote 11/7/2011 1 LOT LS 107.15 CO Peace Officer Handbook 2012 Total $6,134.85 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 PO Number Page City of 9116875 2 of 3 ' `t Collins „s This number must appear 1 1 on all invoices, packing slips and labels. C3. OYlp.�s�Q 1�'L 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifmcate 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 to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or rcmedics provided herein cur by law, failure to pmmptly 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 Gods 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 nor be deemed a waiver of any right of the damage in truasit, may be retumcd to you for credit and am not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purport d oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptunce. Receipt of the merchandise, services or rquipment 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 resulting front antitmst ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations are in fan bonze 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 Freight Terms. Shipments must be F.O.B.• City of Fort Collins. 700 Wood St., Four Collins, CO 86522, unless acquired under federal or state antitrust laws for such overcharges miming to the particular goods or services otherwise specified on this order. If pcomission is given to prepay freight and charge separately, the original height purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where nmanufamamrs 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 from the 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 from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at wife" sole cost all necessary permits. ceniEcutes and licenses required by all applicable laws, regulations, ordinances and cols ofthe sure• municipality, territory or political subdivision where the work is performed, or required by any other duly commuted 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 incumd by them by reason of an asserted or established violation crusty such laws, regulations, ordinances, rules and requiemcuts. Authorization. All panics to this contract agree that the representative are• in fact, bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set forth and any supplemc a ry or additional terms and conditions annexed hereto or incoryoruted herein by reference. Any additional or dillcrrnt tomes and conditions proposed by seller are 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 ofthe essence. Delivery and performance must 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 ofthis provision. In the event ofany delay, the Purchawr shall have, in addition to other legal and equitable rcmedics, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable fur damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such act, of Gd, acts of civil or military authorities, governmental priontis, fires, strikes, flood, epidemics• wars or now provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wartants 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 highst degree of core and competence in accordance with accepted standards for work of u 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 Sellers breach of warranty. The Sel let shall replace, repair or make good, without cost to the purchaser, nay defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the erns of any applicable wurmnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver ofany claim under this is manly. Except as otherwise provided in this purchase outer, 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 even 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 wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or writer change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be crude. 6. TERMINATIONS. The Purchaser may at any time 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 pros ess provided that the Paehascr shall rat be liable for any claims for anticipated pmtirs on the uncompleted ponion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor writhe Seller with respect to any goods which arc the Sellers standard stuck. No such termination shall relieve the Purahaxr or the Seller ofany oftheir obligations us to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wa nums that all goods sold heemWer shall have been pmduced, sold, delivered and famished 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 oreviderve compliance. All laws and regulations required to be incorporated in agreements of this character acre 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 ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mortis due or to become due hereunder without the prior wrinen consent ofthe other parry. 10. TITLE. The Sellerwarrnnts full, clear and unne ricicd title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest cncwnbmnces and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of dre parry released and shall extent to the directors, officers and employees ofsuch 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 Pumhuwr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller Shull indemnify and.crvc harmless the Purchaser from any and all claims for infringement by reason of the use of such patented deign, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmwcuiim or after the completion of the work. In case said equipment, or any pan tbcsof or the amended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or pan 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 pans, mplaae the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an wiignnment for the benefit of creditors, appoint a mxvivcr or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oficmw used or the interpretation office agreement and the rights ofull panics hereunder shall be consumed under and governed by the laws ofthe State of Colorado. USA. T'he following Additional Conditions apply only in cases when the Seller is to Perform work hereunder, including the services o'Sellers Representative(s), on the premises ofothcts. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's man risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order, 18. 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 tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death linnius of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurvnc. Before any of the Sellers or his cummctors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificate that such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation acid 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 ACCIDENT S AND DAMAGES. Tire 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 fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will in lenmify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and all claims, losses, damages, elurges 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, cousstint or default or the pan of the Seller, any of his 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 officers, agents or employees at any time 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 or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such bona or other proceedings, and in case judgement or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his eonlmcmrs shall take all safety precautions, fumish 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 Safcty and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010