Loading...
HomeMy WebLinkAbout466949 TELVENT DTN INC - PURCHASE ORDER - 9120225PURCHASE ORDER PO Number Page City Of/� 9120225 t of 2 ' `t r v Ott'„s This number must appear 1 ' on all invoices, packing slips and labels. Date: 01/13/2012 Vendor: 466949 TELVENT DTN INC PO BOX 630845 CINCINNATI Ohio 45263-0845 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 01/12/2012 Buyer: DAVID CAREY Note: Line Description / Quantity UOM Unit Price Extended Ordered Price WxSentry Public Safety System Access-2012 Blanket PO For system use estimated costs. Telvent' s MxVision WeatherSentry@ forecasts. C3. O%lP:_oQ� 1 LOT LS 9,000.00 Safety Edition gives you accurate, advance weather alerts and 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 $9,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 134-000(1587 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 Interred Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval oftere design, shall not release the Sellarf Goods Rejected. GOODS REJECTED due to failure to reed specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit. may be mounted to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hero forany ofits rights or remedies as to any such grads, regardless instructions from the City of Fan Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, or shall any purported oral m difieation 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 of Fort Collins inspection on arrival, h.f. 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 Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as eonsidemtion for cxedning this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or oconficr Freight Terms. Shipments mast be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services mherwisc specified on this order. If permission 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 parts 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 Pumhascr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments am made From greater distance. may cause the work to be performed by the mast expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificams and licenses required by all applicable laws, regulations, ordinances and roles 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 vadru. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide end possess full aad complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any mpplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. 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 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 ofG d. acts ofeivil or military authorities, governmental priorities, fires, 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 Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofth delay. 3. WARRANTY. Thc Seller wzrramts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fn 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 Seiler agrees to hold the purchaser harmless fmm any Inss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreammahly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Accepmncc or use of goods by the Purchaser shall 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 warranties nr guarantees, but such liability shall in no went 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. Thc Purchaser may make any changes to the terms, other than legal terms including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change ordcc If any such change offsets the amount due or the time ofperfoumance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written chance 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 adjustment be made in favor of the Seller with respect to any good which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assabod within thirty (30) days from the date the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that all galls sold hereunder shall have ban produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler 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 Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior w'rimcn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfommnce of this agreement free and clear of any and all liens, restrictions. rescnmtions, security interest encumbrances and claims of others. The Seller shall release the Purchaser wad its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and .shall extend to the directors, otficas and employees ofmch 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 Seiler is required to use any design, device, mmcrial or process covered by later, patent, trademark or copyright, the Seller shall indemnify and sum harmless the Purchaser from any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cost expense or damage which it may be nbligcd 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 part thereof or the intended use of the 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 parts, replace the same with smbsbudially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a recover or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofihe agreement and the rights ofall panics havorder shall be conanued under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perfomu work hereunder, including the semicos of Scllers Represenmtia(s), on the premises ofothers. 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 cast of any accident destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sella's own expense and Io the satisfaction of the Purchase,. When materials and equipment arc furnished by others for installation or erection by the Seller, the Sella shall receive, unload. store and handle same at the site and become responsible therefor as though such materials rattler equipment were being furnished by be Seller under the order. 19. INSURANCE. The Sellershall. it his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its emmployecs 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and nummobile public liability insurance .with bodily injury and death limits of at least 5300t000 for any one person. S500.000 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. Before any of the Sellers or his contractors employees shall do any work upon the premises ofoncas, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compenswum 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 ms. ponsibility, and liability for any and all damage. loss or injury ofany kind or nature ehatsavc, to persons or pmper y caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harndcu the Purchaser and any or all of the Purchasers ofree., agents and employees from and against any and all claims, losses, 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 Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Parchaseq 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 tleir officers agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers man expense, 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 officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofth Purchaser, or said parties in or as a result of such 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 mfety precautions, famish 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 mles and regulations issued pursuant therein. Revised 03/2010