HomeMy WebLinkAbout263373 ELECTRONIC SYSTEMS INTERNATIONAL INC - PURCHASE ORDER - 9120486PURCHASE ORDER PO Number Page
City Of 9120486 1 of 2
F6r} CollinsThis number must appear
`�7 / ' ` on all invoices, packing
slips and labels.
Date: 01/25/2012
Vendor: 263373 Ship To: POLICE DEPARTMENT
ELECTRONIC SYSTEMS INTERNATIONAL INC POLICE SERVICES
3010 MALLARD DR 2221 TIMBERLINE ROAD
COLORADO SPRINGS Colorado 80910-2247 FORT COLLINS Colorado 80525
Delivery Date: 01/25/2012 Buyer: ED BONNETTE
Note: CARD ACCESS/CAMERA SYSTEMPREVENTIVE MAINTENANCE, PER QUOTE FROM
RICHARD CASTLE TO MARY MOORE 21 NOVEMBER 2011.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2012 Preventive Maintenance
Card Access/Camera
C3. O✓la:-s4 �
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
1 LOT LS
14,400.00
Total $14,400.00
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
L COMMERCIAL DETAILS.
Tax exemptions. By stance the City of Fort Collins is exempt from state and local Casa. Our F,scmptin r Number is I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hercoE 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 nfthe design, .shall not release the Seller of
Gads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntim or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be rctumed to you for credit and are not to be replaced except upon mccipt of women purchaser to insist upon strict performance hereofor any of its rights at remedies as to anv such goods, regardless
instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported
end modification or rescission of this purchase order by the Purchaser npente in; a waiver of any of the terms
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. homer
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 part 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 from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fan bonne by the Purchascr. Thercroforc, 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 Tem,. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., Fon Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursonnt to this purchase orden
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mxnuLichnen have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective good by a date to be agreed upon by the
expected from the nearest distribution point to destination. and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates it, inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be perfomed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seiler shall pmcure at sellers sole cost all necessary permits. certificates and licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipality, ternary or political subdivision where
the work is perfomcd, or required by any other duly constituted public authority having junsdiction over the mark
of vendor. Seiler Bather agrees to hold The City of Fort Collins hamlcss from and against all liability and loss
incurred by them by reason of an acsMed or established violation of any such laws, regulations nmlinances, odes
and requirements.
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 toms and conditions stated
herein set forth and any supplianduary or additional terms and conditions annexed hereto or mempnntcd herein by
reference. Any additional or different terms and conditions proposed by seller arc objected toand hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your
premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision, In the event of any delay,
the Porch., shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result nrdclays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegllgcnce.
such act, of God, acts ofeivil or military authorities, governmental priorities, fines, strikes. Bond, epidemics, wars or
riots provided that notice of the conditions causing such delav is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event crony such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthc delay.
3. WARRANTY.
The Seller wamnts 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 pumnom intended, and
perfumed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nmurc. The Seller agrees to hold the purchaser hamlet, from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of mammy. The Seller shall replace, repair or make
good. without cost to the purchaser, any defects or faults arising witbin one (I) year or within such Inngcr period of
time as may be prescribed by law or by the tans ofany applicable warranty provided by the Seller and the date of
acceptance ofrhe goods famished hereunder (acceptance not to be unreasonably delayed), resulting feet imperfect
or defecive work dame or materials furnished by the Seiler. Acceptance or use of good by the Purchascr shall not
constitute a waiver crony claim under this wamnry. Except as otherwise pmvidcd in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing worm. and,
or guarantees, but such liability shall in no event include loss of profits or Ions cruse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front
the quantities originally ordered in the specifications or do winp, by verbal or written change order. If any such
change affects the amount due or the time of perfomance hereunder. an equitable adjustment shall be made.
fi. TERMINATIONS,
The Purchaser may at any time by written change order, teminan, this agreement 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 pmvidcd 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 he made in
favor of the Seller with respect many good which are the Sellers standard stock. No such termination shall relieve
the Purchascr or the Seller crony of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT,
Any claim for adjustment must be isscrud within shim (30) days from the date the change or rumination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all goods sold hereunder shall have been pmduccd, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and
deliver such documents as may be required to diet or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to
indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchascr as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Ncitha parry shall assign, mnifid. or convey this order, or any monies due or to become duc hereunder without the
prior wHncn consent of the other party.
10. TITLE.
The Seller wamnts full. clear rend unrestricted title to the Purchaser for all equipment materials and items famished
in perfommnce of this agreement, free and clear of any and all lions, restrictions rescramieus. security interest
encumbmnccs and claims of nthcm.
The Seller shall release the Purchaser and its contractors of ony net from all liahility and claims crony nmurc
resulting from the performance of Bach work.
This releaw shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsech party.
The Scllcr:s contractual obligations, including wamnry, shall not he deemed to he reduced, in any way, because
such work is perfomed or caused to be perfumed by the Purchaser.
14. PATENTS.
Whenever the Seiler is required to use any design. device, material or pmcess covered by letter, patent, trademark
or copyright the Seller shall indemnify and save hamiless the Purchaser from any and all claims for infringement
by reason 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 obliged to pay by'reason of such
infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or
any pan threcof or the intended use of the goods, is in such suit held to coast indc infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
ouninfringing 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 Scl lers property nr business, this order may fonhwi th be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions oftcrms used or the intetpretalim ofthc agreement and the rights ofall panics hocunder shall be
construed under and governed by the laws of the State of Colomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellcrs Represcntative(s), on the premises efothers.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Scllcr', own risk until the mine is fully completed and accepted, and shall,
in disc of any accident. destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Selld s own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or creation by the Seller, the Seller shall receive. unload,
store and handle same at the site and become responsible thcefor as though such materials and/or equipment
were being famished by the Scllcr under the order.
18. INSURANCE.
The Seller shall. at his oxen expense. pmvide 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
I iability insnrnme .with bodily injury and death limit, ofat least S300,000 for any nnc ❑r,n. S500,000 far an,
nor accident and pmperty, damage limit per accident of S400.1H)0. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employee, shall do one work ni n t the premises of others, the Scller shall furnish the Purchaser with a cenificate
Chat such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such
compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insunnce shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby a... mr, the entire responsibilityand liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or pmpery caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hnmilms the Purchaser and any
or all of the Purchascr officers. 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 Purchascr 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 Sclicrs or contactors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchnwr, or its officers, agent, 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 cots, charges, anomevs fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their officers.
agents or employees in such suits or other pmeccdings, and in disc judgment or other lien be placed upon or
obtained against the pmpem' of the Purchascr or said panics in or as a result ofmch suits or other proceedings.
the Scller will at once cause the same to he dissolved and discharged by giving bond or otherwise The Seller and
his contractors shall take all mfcty precautions, furnish and install all guards necessary for the prevention of
accidents. comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thcorn.
Revised 03/2010