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HomeMy WebLinkAbout499940 MULTICARD - PURCHASE ORDER - 9122110City of art Collins Date: 04/12/2012 Vendor: 499940 MULTICARD 6820 N BROADWAY, UNIT J DENVER Colorado 80221 PURCHASE ORDER PO Number Page 9122110 lofz 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: 04/12/2012 Buyer: ED BONNETTE Note: SHIP TO ATTN: LONNIE WELLBORN; CONTACT #(970)416-2960. Line Description Quantity UOM Unit Price Extended Ordered Price ID System per quote of 2/28/12 1 LOT LS 10,059.00 from Holly Booker Cam, c3. oi�Q s�- U 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Ile Purchase Order Teals and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tas exemptions, By.vtamte the City of Fan Collins k exempt From state and local taxes. Our Exemption Norther is 11. NONWAIVER. 984Ig5l Federal Excise Tax Exemption Certificate of Registry 54-6000587 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 Internal Revenue. Denver, Calotado (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pramplly noti(Y the Seiler in the evem of a breach. the acceptance of or payment for goods hereunder or approval of the 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 warranties or obligations of this purchase order and shall not be devoted a wniver of any right of the damage in transit, may be returned to y. for credit and am not to be replaced except upon meeipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as in any .such goods, regardless instructions from the Citv of Fan Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported unl modification ar remission of this purchase order by the Purchaser openm as a waiver of any of the toms Inspection. GOODS aresubject to the City of Fort Collins inspection on arrival. hereof. 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 Seller anti 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 fact home 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 cony now have or hereafter Freight Terms, Shipments must be F.O.D., City of Fan Collins. 700 Wood St_ Too Collins, CO 90522. unless acgniral trader 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 for 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 Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made farm greater distance. may cause the work to be performed by the most expeditious nmans available to it, and the Seiler shall pav all costs ssocintcd with Bach work. Permits. Seller shall pmcurc at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, lemmry or political subdivision where the work is performed, or rcquircd theory other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrccs to hold the City of Fort Collins harmless fmm and against all liability and Ins% incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinance, mles and requirements. Anrhoozation. All panics to this contract agree that the representatives are. in fact. bona Ede and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order exprec ly limits acceptance to the terms and conditions stated Incisor set forth and any supplcmanary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised dcliwcry date as noted. Time is ofthe essence. Delivery and performance mist be effected within the time stated on the purchase order and the documents attached homer.. No acts of the Purchasers including, trillion, limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis 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 nut reas... bly foreseeable which arc beyond its reasonable central and without its fault nfncghgcrce, such acts of God, acts of civil or military authorities, govcmmcnal priorities, rms. strikes, food, epidemics. wars at 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 date of delivery shall be extended for the period equal to the time actually Las, by reason ofthe delay. 3. WARRANTY. The Seller wamnts ,hat all goods articles, materials and work covered by this order will conform with applicable drawings, speeifiotions, samples and/or other descriptions given, will be fit for the purposes intended, and pvfomcd with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or cxpcnsc which the Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cast to ,he purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terns of any applicable w'amnty provided by the Svllar refer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from inmperfect for defeclive work done for materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnry. Except fos otherwise prm'idcd in This pnrehnsc order, the Scllcrs liability hereunder shall extend to all danmgcs proximately caused by the breach of any of the foregoing wamntics or guarantees hot such liability .shall in no event include loss of profits or loss of use, NO IMPLIED WARRANTYy' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALI. APPLY. 4, CHANGES IN LEGAL. TERMS. The Purchaser may make changes to legal ,ems by writer change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terns, other than legal teats. including additions to or deletions from the quantities originally ordered in the speeifieatinns for dmwints, by rcrbetl or written change oaten If any such change affects the amount due for the time of performance hereunder. an equitable adjustment shall be made. 6. TERM [NATIONS. The Purchaser may at any time by woften change order, terminate this agreement as to any or all poniom, of the goods then nor shipped, subject to any equitable adjustment between the panics as to any work or nmterials 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 adustment be made in favor of The Seller with respect to any gads which arc the Sellers standard stock. No such teminntion shall relicrc the Purchaser or The Seller of any ofthcir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be romped within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wnmms that all goods sold hereunder shall have been produced, sold, delivered and Jurnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Scllcr shall execute and deliver such deconwnts as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to baonm due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted tide to the Purchaser for all equipment. materials, and items turn fished in performance of this agreement free and clear of any and all liens, restrictions, resen'ations, security interest rtamad tames and claims ofothers. T'he Seiler shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting from the performance ofsuch work. This rcicasc shall apply even in the event of fault of negligence of the party released and shall extend to the (hrcctors, nffacrs and employees of such party. I he Seller's contractual obligations, including wumnty, shall not he doemed to be ralucet, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process coverall by letter, patent, trademark Or copyright the Sellershall indemnify and sane harmless the Purchaser fmm 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 indcnmify the Purchaser for any cost, expense or damage which it mzv be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment. Or .any pan thereof or the intended ase of the goods, is in such suit held to constitute infringement and the use of mid 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall 1wenntc insolvent or bankmpt, make an assignment for the henefut of creditors. appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcfinitinns oftcrms used or the interpretation ofthe agreement and the rights nfnll panics hereunder shall be construed under and governed by the laws ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases whine the Seller is to perform work hereunder. including the services of Scllcrs Rcprcscomfive(s), on the premises ofolhcrs. 17, SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scller's own risk until the same is folly completed and accepted, and shill, in ease of forty accident d"o-action or injury In the work and/or materials before Sellers, final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mntcrink and equipment are furnished by others for installation or creetion by the Seller, the Seller shall receive, unload. store and handle now at the site and become responsible therefor as though such materials and/for equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees emplovcd on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes 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 liability insurance with bodily injury and death limits of at least S360.000 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 pravide for such compensation and insurance. Before any of the Sellers for his contractors employees shall do any work upon the promises ofnthcrs, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data 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 insurance shall be maintained until after the entire work is completed and accepted. 19. PROT ECfION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage. lass or injury ofany kind a, ..fare whntsnevcr to persons for pmpcny caused by or msulling From the execution of the work provided for in this purchase order or in connection herewith. The Seller will indent ify and hold hamdess the Purchaser and any or all Of the Purchasers of icets, agents and employees Form and against any and nil claims losses, damages charges for expenses whether direct or indirect, and whether to persons or property to which the Purchaser may he put or suhiect by reason of any act, action, neglect, omission or default on the part of the Sol lee .ray of his contractors, or any of the Sellers or contractors offmcis, agents or employees. In case any suit for other proceedings shall be brought against the Purchaser, or its officers. agents for employees many time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors for ;mv of its or their Officers, agents for employees as aforesaid, the Seller hereby agrees to rsammc the defense thereof and to defend the same at the Sellers own cxpcnsc, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their officers. agents for employees in such suits or other proceedings and in case _judgment for other lion be placed upon or obnined against the property of the Purchaser, for said parties in for as a moill ofnich suits for Other pmceedings, ncc Sellermill at Once cause the same to be dissolved and discharged by giving bond nr otherwise. The Sellermid 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, hilt without limitation, the Occupational Safcty and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 03/2010