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HomeMy WebLinkAbout102624 PLATTE RIVER POWER AUTHORITY - PURCHASE ORDER - 9121098PURCHASE ORDER PO Number Page City Of9121098 1 °f z �} Collins This number must appear ` on all invoices, packing slips and labels. Date: 02/22/2012 Vendor: 296701 Ship To: POLICE DEPARTMENT TIBURON / COMPUDYNE POLICE SERVICES 6200 Stoneridge Mall Road, Suite 400 2221 TIMBERLINE ROAD Pleasanton California 94588 FORT COLLINS Colorado 80525 Delivery Date: 02/21/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Software Support & Maintenance 1 LOT LS 372,726.00 01/01/12 - 12/31/12 C3. O!l�scL� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Invoice Address: $372,726.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Torras and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt inns. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6001)597 is registered with the Collector of Failure of the Purchaser to insist ulna strict performance of the terns and conditions hereof, failure or delay in Internal Revenue. Denver. Colorado (Ref Colorado Revised Stan es 1973. Chapter 3926. 114 (a). exercise any rights or remedies provided heroin or by law. failure to promptly notify the Seller in the cxcnt of a breach, the acceptance of or payment for grads hereunder or approval ofshe 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 any of the strum, rues or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be featured to you for credit and are not to he replaced except urym reecipt of written purchaser to insist upne strict performance bercnfe, any of its rights or rcmcdics a, m my such goods, regardless in,huctier, from the City effort Collins of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall may purported oral modification or rescission of this purchase order by the Purchaser upente is a waiver affray of the feints Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. services tor equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fruit Collins However. it is to be understood that FINAL Seller and the Purchaser recognize that in acmat economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact borne by the Purchaser. Theretofore, for good cause and as considemfion for executing this purchase enter. 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.. Fort Collins CO 90522. unless required muder 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 pursuant to this purchase order. bill must accompany ins nice. Additional charges for packing will not be accepted. 13. PURCI IASERS 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 he agreed open by the expected fmm the nearest distribution point to desfinetion. and excess freight will be deducted from Invoice when Purchnscr and life Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be pci fnmcd by the most expeditions means rvnilable to it, and the Scllcr shall pay all costs tussmiatcd with such work. Permits. Seller shall procure at sellers sale cost all necessary permits ecrtifncmcs and licenses required by all applicable laws, regulations, ordinances and tales of the state. natnicipzlim. 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. Seiler harbor agrees to hold the City of Fort Collins hfirmlec from and against all liability and lot incurred by them by reason of an asserted or established violation array such Ines, regulations, ordinances. talcs and requirements. Awhounution. All panics to this contract agree that the representatives are. in fact, bona file and poacc full and complete xothority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different lemes and conditions pmpased by seller arc objected in and hereby rejennl. 2. DELIVERY. PLEASE, ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your promised delivery date as noted. Time is ofshe essence. Dclivery and performance must be effected within flit time stated on the purchase order and the documents amuched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opcmtc rs a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition n other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. Howcvcr, the Seller shall not be liable for danmges as a result of delays due to causes not reasonably fnewcablc which arc beyond its reasonable control eM without it, fault of negligence. such fins ofGod, acts of civil or militaryantherirics, gm'emmcand priorities, fires. strike,. Bond, cpidcmics, wars or riots provided that notice of the conditions entering such delay is given to the Purchaser within 6%c (5) days of the time when the Seller first recciycd knnwledgc thereof. In the event of any such delay, the date of delivery shall be extended for the period equal m 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 far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless fmm any lust, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of w'amnty. 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 is may he prescribed by Imv or by the terms ofany applicable warm my provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defcctiec w'mk done ar materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a win, cr of any claim under this warm. my. Except as otherwise provided in Ibis purchase order, the Sellers liability hereumler shall extend to all demagcs pmsimately caused by the batch of any of the foregoing on mnies bi or guarantees. but such liality shall in no event include loss of pmfts or loss of use, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mry make changes to legal terms by written change order. 5. CIIANGES IN COMMERCIAL TERMS. The Purchnscr may make any changes to the terms other than legal trams. including matinees to or deletions from the quantities originally ordered in the specifications or drawing., by verbal or written change order, If any such change affects the amount due or the time ofperfomnnce hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. laminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any ,cork or materials then in progrms provided that the Purchaser shall not be liable for any claims for anticipated pre ils an 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 goods which are the Sellers standanl stock. No such termimlion shall relieve the Purchaser ar the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must bo nm cncd within thin (30) days front the date the change our termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. said, delivered and famished 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 effect or evidence compliance. All laws and regulations required to be incorporated in agreements c f this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser lu mdec fmm 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 ordct or any monies due or In become due hercundcr without the prior written consent of the other party. 16. TITLE. The Scllcr wtumads 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, reshietions, reservations security interest eneuntbmnccs and claims of others. The Seller shall release the Purchaser and its eontructers of any tier fmm all liability and claims of any nature resulting firma 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 Seller's eontnctuzl obligations, including aarmnty, shall not be devoted in he reduecil, in any way. because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter, patens. trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use d such parroted desiga. device, material or process in connection with she contract. and shall indemnify she Purchaser for any toss, expense of dnnage which it may be obliged to pay by reason of such infringement at any time during the prosecution or tuner the completion of the work. In ease said equipment. or any pan thereof or the intended use of the goads, 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 equipmenl or pram, replace the same with substantially equal but nnninfringing equipment. nr mrdifv it so it becomes anninfringing. 15. INSOLVENCY. If she Seller shall bccomc insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business. this order may fnnhw'ith he canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions ofernis used or the interpretation ofshe agrcemcm and the rights of all parties hereunder shall be constncd under and governed by the Imes of Ore State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform Work hereunder, including the services of Scllcrs Rcprcsentntivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on .said work at Seller's own risk until she same is fully completed and accepted. and shall. in case of any accident. destruction or injury to the work and/or materials before Scllcrs fool completion and acceptance, complete she work at Seller's own expense and to the satisfaction of the Purchaser. When forlornly and equipment are famished by others for installation or creation by the Seller, the Seller shall receive, intend. ,rare and handle same at the sire and become respensiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS, INSURANCE. The Seiler shall, at his own expense, not fir 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 dmcndcnfs in accordance with the laws of she state in which the work is to be done. The Seller .shall also carry comprehensive general liability including, but not finned to. contractual and automobile public liability insumnee with bodily injury and death limit, of rat least S300,000 for any one perzon. S500,000 for any one rccidem and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if nny, to provide for such compensation and insurance. Before any of the Sellers or his comment, cmdryces shall do nny work upan the pass n.iscs of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whom such compensation and insurance have been provided. Stich certificates shall specify the dare when such compensation and inwnance expires. The Scllcr agrees that such compcnwrion and insurance shall be maintained until after the entire wnrk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respen,ihility and liahility for any and all damage, loss err injury array kind or mture whefsneccr to persons ar pmpeny erased by or msuhing from the execution ofshe work provided for in this purchase furtherer in connection hcrcwish. The Scllcr will indemnify and hold harmlc,s the Purchaser and any nr all of the Purchnsers 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 [tic Purchaser may he put or subject by reason of any act, action, neglect emission or default on the part of fife Seller. any of his contractors, nr any of the sellers or contractors officers, agents or employees. In ensc any hair or other proceedings shall be brought against the Purchaser, or its oR¢ets, agents or employees at tiny 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 is aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charge., anorncys 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, agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of ncc Purchaser, or mid parties in or as a rcsalt of such suits mother proceedings. the Seiler will at once cansc the came to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors ,hall rake all safety prceautinns, furnish and install all guards accessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. her withnat limitation, the Occupational Saferyand Health Act of 1970 and all roles end regulations issued pursuant therein. Revised 03/2010