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HomeMy WebLinkAbout100720 DECATUR ELECTRONICS INC - PURCHASE ORDER - 9121987Fort Collins Date: 04/05/2012 Vendor: 100720 DECATUR ELECTRONICS INC 3433 E WOOD ST PHOENIX Arizona 85040 PURCHASE ORDER PO Number Page 9121987 1of2 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: 04/04/2012 Buyer: ED BONNETTE Note: PLEASE SHIP TO ATTN: OFFICER DAVID KAES; CONTACT #(970)221-6842. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Genesis Handheld Directional per Quote QT00000932 1 LOT LS PRICE MATCHES GSA PRICING @ $493.00/EA X 20 UNITS, PLUS SHIPPING. 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 9,905.00 Total 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 cremptmu, Dv statute the City of Fort Collins i.e. exempt From state and local tame Our Exemption Number is 11. NONWAIVER. 98-f14502. Federal Excise Tax Exemption Cenificate of Registry 84-60005R7 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the minis and conditions hcrcof, failure or delay to Internal Revenue, Denver. Colorado (Ref, Colorado Rcviwd Statutes 1973. Chapter 79-26, 114 (n). exercise any rights or remedies provided herein Or by law, failure to pmmpdy nntifv the Seller in the cleat of n breach, the aceopumee efor payment for goods hereunder or approval ofthe design, Omit net release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warm, atics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser m insist upon strict perfomireme hereefor any of its rights or remedies as to any such goods, regardless instntetions From the Citv of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported eel modification or rescission of this purchase enter by the Pumhascr opcnte as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. hcrcof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an 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 from antitnist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase enter, the Seiler hereby assigns to the Purchaser any and all claims it may now, have or hcrci0cr Freight Terms. Shipments must be F.O.B., Citv of Fort Collins, 700 Wood St.. Top Collins, CO 90522, unless acquired under federal or state antitrust haw, for such overcharges relating to the particular goods of services ,then, ise specified on this order. If pemnission 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 manufactures have distributing points in various pans of the country, shipment is Ihhe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the ncmcst distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Scllcr thcrca0cr indicates its inability or umvillingrem to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perfomod by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sell, cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the .state, municipality, territory or political subiln ision where the work is perfomned, or required by any other duly constituted public authority having jurisdiclion over the work of vendor. Seller further agrees to hold the One of Too Collins homeless Form and against all liability and loss incurred by them by reason of ran nsscru d or established violation of any such laws, regulations, onlimmces, roles and rcgnirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This P remsc Order expressly limits acceptance to the terms and conditions stated hncia set forth and any, xupplementary or additional terms and conditions annexed hcrctir or incorporated herein by rcfemtne. Any additional or different toms and conditions preari by sellerarc objected mind hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carom fork, complete shipment to arrive on your premised delivery date as noted. Time is of the tt once. 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 of partial Imo deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in uddition to other legal and equitable remedies, the option of placing this order cf ewbem and holding the Seller liable for damages. Hmvc%er, the Scllcr shall not be liable for danmgcx ;is a result of ddms due to causes not reasonably finesceable which arc beyond is reasonable control and without is Paull of negligence. such ace, of God, acts ofeivil or military authorities. governmental prlorilics. tires strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within the (5) days of the rco time when the Seller first mcciv,d knowledge thcf In the event of any such delay, the date of deliveryshall be extended for the period equal to the time actually Tort by reason of the delay. A. WARRANTY. The Seiler names that all goods. articles, materials and work covered be this ender win conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pttfomed with the highest degree of care and competence in acconance with accepted stmtdards for work of a similar alone. The Seller agrees to hold the purchaser harmless From any Inc, damage or expense which the Purchaser may so fifer or incur on account of the Set lers breach of wamnty.'The Set let shall replace, repair or make good, o'ithout cost to the purchaser, any defects or faults arising within one U I year or within such longer period of time as nny be prescribed by law or by the worm;otiny applicable warranty provided by the Seller aAcr the date of acceptance ofthe good furnished hcrcundu (acceptance not to be cormamndly dclavcd), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Puri shall not constitute a wai Tr ofiny claim under this warrants. Except as otherwise pmvidcd in this purchase order, the Scllcr liability hcrcundcr shall extend to all damages proximately canoed by the breach of any of the foregoing vmmatic, or guanlowc,. but such liability shall in no event include loss ofpmBs or Ins, ofuse. 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. Cl ANGEs 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 verbal or written change order. If any such change affects the amount due or the time of performanee hcrcundcr, in equitable adjustment shall be ride. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or ill portions of the good then not shipped, subject lonny equitable adjustment between the panics as to any work or malcrials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncnnrplcmd 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 nny goods which arc the Sellcrs standard ,stock. No such lamination shall relieve the Purchaser or the Seller ofany of Ihcirobligdions as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (70) days funs the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all gneds sold hereunder shall have been produced, 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 effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Parchascr is a result ofthe Sellcrs failure to comply with such Inv. 9, ASSIGNMENT. Neither piny shall .,,sign, transfer. ar convey this order. or nny monies due or to become due hcrcundcr without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment materials. and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, rcsnatiom, security interest encumbrances and claims of mhers. I he Seller shall rdcase the Purchaser and its contnctori of any tier fmm all liability and claims of any nature resulting fmm the performance ofsnch work. This release shall apply even in the event Of fault of negligence of the party released and shall extend to the directors, ofTccs and cmplovccs ofsuch pony. The Seller's contracbal obligations, including vvl rmrry. shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfennttl by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, dodos., material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use ofsnch patented design, device. material or pirmss in connection with the contract, and shall indemnify the Powlinmr for any cost, expense or dinner which it may be obliged to pay by reason of sneh infringement at tiny time during the proseention or after the completion of the work. In ease said equipment. or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shell, at its own expense and at its Option. either procure for the Parchascr the right to continue using said equipment or parts. replace the same with substantially equal but nomarriaging equipment, Or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an ass ginment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Pumhascr without liability. 16. GOVERNING LAW. The definitions oftcrms nscd or the interpretation ofthe agmcmcnt and the rights of all panics hcrcundcr shall be cnnstmed under and governed by the Imvs ofthc State of COloo de. USA. The following Additional Conditions apply Only in cases where the Seller is to perfomn work hcrcundcr. including the services of Scncrs Rcprcscntative(s), on the premises of mhos. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellcr's own risk until the same is fully completed and accepted. and shall. in case of any accident, destruction or injury In the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and cquipn¢at arc furnished by others for installation or erection by the Seller. the Seller shall receive, unlead, store and handle same at the site and become responsible therefor as though such nnatcrous and/or equipment were being furnished by the Seiler under the order. Ill. INSURANCE. The Seiler shall, at his non expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees cnrpleyed col or in connection with the work covered by this purchase order, andler to their dependents in accordance with the Imes ofthe slate in which the work is to be done. The Seller shall also catty comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limit, of it (cast $300.000 for any one person. $500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvide for such compensition and inctmnee. Before any of the Se11crs for his contractors employees shall do any work upon the premises of mhers, the Seller shall furnish the Parchascr with a Certificate that such compensation and insurance have been pmvidcd. Such eci iftentcs shall specify the date when such compensation and inwmnee have bcen provided. Such ecrtifieaMs shall specify the dale when such eonamnv lion and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until offer the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Scllcr hereby assones the entire rcspmrsibiliry and linhility for any mud ill dnnmgc, Inns er injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase enter or in connection hcrcwilh. The Seller will indemnify ind hold harmless the Parchascr and any or all of the Purchaser, offices, agent, and employees from and against any and ell claims, losses, damages, charges or expenses, whether direct or indirect. and whether to wr fors or pmpeny to which the Purchaser may be put or swbjcet by reason of any act. action, neglttt, omission or default on the pan of the Seiler. any of his eontraclors, or tiny of the Sellers; or contractors offiecs, amcnts or employees. In ease any suit or other proceedings chill be bmught against the Purchaser, or is officers, agents or employees m any tine on accotim or by reason of nny ael, aelion, neglect, omission or default of the Seller of any of his contractors Or any of its or their officers, amcnts or employees is aforesaid. the Seller hereby a iccs to assume the defense thcrcof and to defend the same ill the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and ill judgnhcut, tbit may be incurred by or obtained against the Purchnscr or any of its or their officers, agents or employees in such suits or other proceedings. and in case judgmcat or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller mill at once cause the same to be dissolved and discharged by giving bond or mhcmise. The Scllcr and his contractors shall take all safety precautions, furnish 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 Sifety and Health Act of 1970 and all rules and mmulations issued pursuant thereto. Revised 03/2010