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HomeMy WebLinkAbout443114 SYTECH CORPORATION - PURCHASE ORDER - 9121970PURCHASE ORDER PO Number Page City Of - 9121970 ' of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 0410312012 Vendor: 443114 Ship To: POLICE DEPARTMENT SYTECH CORPORATION POLICE SERVICES C/O JAMES ZAJDEL 2221 TIMBERLINE ROAD 6121 LINCOLNIA RD FORT COLLINS Colorado 80525 ALEXANDRIA Virginia 22312 Delivery Date: 04/03/2012 Buyer: ED BONNETTE Note: FOR NORTHERN COLORADO DRUG TASK FORCE. PER QUOTE #1775 DATED 1/10/2011 FOR ANNUAL ADACS SYSTEM COVERAGE. CONTACT IS OFFICER PAUL LANDOLT; (970) 416-2579. Line Description Quantity Ordered UOM Unit Price Extended Price Frame Network Service 1 LOT LS 16,820.00 Per Invoice #1333 3/30/2012 Total $16,820.00 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.corn PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By income the City of Fort Collins is exempt foam state and local taxes. Our Exemption Number is 9S-1l3502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal Rv%cnue Denver. Colorado (Ret. Colorado Revised Statutes 1973. Chapter 39-26, 114 (n). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped mete to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions front the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delav to exercise any rights or remedies pmvided herein or by law, failure to Promptly notify the Seller in the event of n breach, the neceplanee Ofor payment for goods hereunder or approval of the dcsign..shall not release the Sellet of any of the ,.malice Or Obligations Orlin, purchase order and shall not he loaned a waivet army right of file purchnscr to insist upon strict perfomance hercofor any of ila rights or remedies as to any such fonds, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mOcl if, reIiml or res wcu of this purchase order by titer Pumhascr ap ode as a waiver of any of do menu femur.. Final Acceptance. Receipt of the merchandise services or equipment in mspone 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 he understood that FINAL Seller and the Purchaser recognize that in actual cconemie practice, overcharges resulting from totems, ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne 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 Term,. Shipment, most be EO.B.. City of Fort Collins. 7001 Wood St.. Fell 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 carer. If penniesinn is given to prepay freight and charge sepnmtely, 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 acccptcd. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is expected foam the nearest distribution point to destination, and excess freight will be deducted foam Invoice when shipments are made form greater distance. Pcmh,. Seller shall procure at sdlets sole cost all necessary permits. ccnificams and licenses required by all .applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is Icrfomed, or required by any other duly constituted public amhonry having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins hamticss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinnace,. rules and requircmcnts. Aulhnrization. All parties to this contract agree that the representatives are. in fact, bona ride and Ill fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional scents and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby reacted. 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 he efTlead within the time stated on the pnrchnsc order and the documents attached hcrcto. No acts of the Parthnscrs including, without inatotion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of nay delay. the Purchaser shall have, in addition to Other legal and equitable remeJics, the option of rioting this order elsewhere and holding the Seller liable for damages. Howl the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts Of God, acts fcivil or military authorities. governments] priorities. fires, strikes, food, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to the Purehascr within five (5) days of the time when the Seller fast received knowledge thereof. In the event of any such delay, the title of delivery shall be extended for the period equal to the time actually lost by reason of the dclay. 3, WARRANTY. The Seller warrants that all gaud, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfomN with the highest degree of cam and competence in accordance with acccptcd .standards for work of a similar nature. The Seller agrees to hold the purchaser hamlets from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, coif ocat 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 terms of any applicable wamnty provided by the Scllcr tficr the date of .acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). mulling from imperfect Or defecive work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser .shall not constitute a waiver orally claim under this warranty, Except as otherwise pmvided in this purchme older, file Sellers liability hereunder shall extend to all dnmogce proximately, caused by the breach of any of the foregoing wamnties, Or guarantees. boa such liability, shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tears 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 from the quantities originally ordered in the specifications or drawings, by vcTbal or written change order. If any such change affects the amount due or the time ofperformance heeunder, an equitable adustmcnt shall he made. 6. TERMINATIONS. The Purchaser cony at any time by written change enter, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjusnant between the panics as to any work or materials then in progress provided that the Purchaser shall oat be liable for any claims for anticipated pandits on the uncompleted portion of the goods and/or xvork, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good, which are the Sellers standard stock. No smh termination shall relieve the Purchaser or the Seiler of any of their obligations as in any gads delivered haamdcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or connotation is officrcd. S. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced. sold. delivered and famished in strict compliance with all applicable laves and regulations to which the goods arc subject. Ilie Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorpromod in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as it result of file Scllcrs fafhuc to comply with such lay. q. ASSIGNMENT. Neither party shall wwga. transfer, or convey this order, artily monies due or to become due hereunder without the prior is riticn consent of the other party. IO.TITLE. The Seller wamnts fill], clear and unresuic cd tile to the Purchaser rim all equipment, materials. and items famished in Performance of Ibis agreement, free and clear of any and all liens, restrictions, resenations, security interest encumbrances and claims of obv,;. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller.and the Seller thereafter indicates its inability or unwillingness to comply, the purchase may cause the work In be perfomcd by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. The Seller shell r,lcns, the Purchaser and its contractors of any tier from all liability and claims of any Orion, rcsulling front the perfomance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend In the directors, officers and employees of such party. The Seller's eononcmal obligations, including ,armniv, shall net be deemed to be mduecd, in any way, bceaasc such work is Performed of caused to be perfomcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter. patent. trademark or copyright, the Scllcr shall indemnify and sac harmless the Purchaser from any and all claims for infringement by mason of the use of such Incited design, device, nmterinl or Pmeess in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged in pay by reason ofsueh infringement at any time during the prosecution 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 .cull held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own cxpcnse mud at its Option. Gill rr procure for the Purchaser the right to continue using said equipment or parts, replace the sonic with .substantially cgnnl but anninfringing equipment, Or modify it so it beconles noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt. make .an assignment for the benefit of coa itors. apparel a receiver or tnlstce for any of the Sellers properry, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Marcos used au the interpretation ofthc agreement and the rights of all panics h rmander shall be construct! undo and gnvcmcd by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including The scr%ices of Scllcrs Repmsemative(s), on the premises of others. 17. SELLERS RESPONSIRILI'I'Y. The Seiler shall carry On slid work at Seller's own risk until the same is fully completed and acccptcd, and shall. in case of any accident, destruction or injury, to the work and/or nmtcrials before Seller's final completion and acceptance, cotnplec the work at Sellers Own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by when for installation or erection by the Seller, the Scllcr shall receive, unload. store and handle sane of the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the Onlcr. IS. INSURANCE. The Scllcr shall, at his own cxpcnse 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 lows of the slate in which the work is to be done. The Seller shall also carry comprehensive general liability including. bill not limited to, contractual and automobile public liability insurance with bodily injury and death limits of it (east S100,000 totally one person. S500,0n0 for any one accident and property damage limit per accident Of S400,I100, The Seller shall likewise require his contractors, if any, to provide forsuch compcnsution and insurance. Before any of the Sellers or his contractors cmployecs shall do any work to no mile premises cradles, the Seiler shall furnish the Purchaser with a certificate that such compensmiou and insurance have beett provided. Such certificates shall specify the date when such compensation and insurance have been Provided Such certificates shall specify the date when such eomPcnsation and insumncc expire,. The Seller agrces that such umtpeasation and insurance shall be all ntalmd until firer the entire work is completed and accepted, 19. PROT'ECT ION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby asnmcs the entire responsibility and liability for any and all damage, loss or injury of aqv kind or ..,hire , Ill el to persons Or pmpcm caused by or res lting foam the execution of the xvold, proo-old for in this purchase oner or in connection herewith. The Seller will indemni fv and hold ham less the Purchaser and any ar all Of the Purchasers oficers, agents and employees foam and against any and all claims, losses. damages, charges or cxpcnse%, whether direct or indirect, and whether to persons or property to which the Purchaser may be pill or subicct by rennin of any act, action. neglect omission or defau It on the pan of the Scllcr, any of his contractors, Or any of the Scllcrs or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchase,. or its Officers, agents m cntployccs utility time on account or by reason of any act action, neglect. omission or default of the Sella of any of his contractors or any Of its or their Oficers, agents or employees ns aforesaid. the Seller hereby agrees to assume the defense Thereof .and to defend the mna nT the Sellers own expense, to pay any and all costs, charges, manicys fees and other cxpcnse%, any and all judgments Ihnt fully be incurred by or obfaincd against the Purchaser or any of its or their officers. agents or cmpinyccs in such suits or other proceedings, and in case judgment Or other lien he placed upon or obtained against the property of rile Purchaser, or said parties in Or as a result of such suits or other proceedings. the Seller will at once cause file same to be dissolved and discharged by giving bond or otherwise. I he Seiler and his contractors shall take all safety precautions, famish and install all gnarls necessary for the mcn,mlOn Of .accidents. comply with all laws and regulations with regard to snfery including, but without limitation, the Occupational Snfcyand Heulth Act of 1970 and all mles and regulations is ucd pursuant thereto. Revised 0312010