HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9122117Fort Collins
Date: 04/13/2012
Vendor: 165027
C D W GOVERNMENT INC
230 N MILWAUKEE AVE
VERNON HILLS Illinois 60061
PURCHASE ORDER
PO Number Page
9122117 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: 04/13/2012 Buyer: ED BONNETTE
Note: PER QUOTE #CQTS603 FROM ADAM RYAN TO MARY MOORE 4/5/2012.
PLEASE SHIP TO ATTN: MARY MOORE; CONTACT #(970)221-6743.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Arbitrator Kit
Per Quote CQTS603
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
8,045.22
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions, By statute the City of Fan Collins is exempt farm state and local nixes. Our Exemption Number is 11. NONWAIV ER.
98-a502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchaser to insist npnn strict performance of the tents and conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revved Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by lase. failure to promptly unify the Seiler in the event of n
bench. the acceptance of or payment for goads hereunder or approval ofthe 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 :mammies or obligations of this purchase order and shall nod be deemed a waiver of any right of the
damage in transit tray be rearmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless
instruction, from the City effort Collins. of wshca shipped, received or acecpmd, as m any prior or subsequent default hereunder, nor shill any purperted
anal modification or rescission of this purchase order by the Purchaser operate as a "river of any of the terms
Inspection. GOODS are subject 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 resnit in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
nothorized payment on the pan of the City of Fort Collins Howcver. it is to be understood Ihat FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust
ACCEPTANCE, is dependent upon completion ofall applicable acquired inspection procedures. violations arc 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 Tears. Shipments must be EO.B., City of Fort Collins. Wit) Wood St.. Fort Collins CO 90522. unless acquired under federal or state antitrust Imes 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 purunant 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 In cancer nonconforming or defective goods by a date to be agreed upon by the
cxpccted from the nearest distribution point to destination. and excess freight will be deducted farm Invoice when Parchascr and the Scllcr, 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 perforated by the most expeditious means available to it, and the Seller shall pay all
casts associated with such ,ads.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable Izw:s, regulations. ordinances and roles of the state, municipality, territory or political subdivision where
the work is perforated, nr required by any other duly constituted public aulhonty having jorisdolum over the work
of vendor Seller lumber agrees to hold the City of Fan Collins harmless farm and against all liability and loss
incurred by them by mason of an assencd or established violation of any such Imes rcgalatimas, ordinances, index
and requirements.
Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fnnh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different Icrms and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifynn cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents aunched hereto. No acts of the Purchasers including, without
limitation, acceptance ofl a tial Into deliveries, shall operate as a waiver of this provision. In the event ofmty delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsnwherc
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence,
such nets of Gad, acts of civil or military authorities governmental prionties. fires, strikes, flood, epidemics, sears or
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 limt received knowledge thereof. In the event of any such delay, the dote of delivery .shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3, WARRANTY.
The Seiler warrants that all good, 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
performed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature The Seller agaves to hold the purchaser hnroah,s from any loss, damage or expense which the
Purchaser may staffer or incur on account of the Scllcrs French of wamnty. The Seiler shall replace, repair or make
good. without cost to the 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 terms of any applicable warmnry provided by the Seller after the date of
acceptance of the good furnished hereunder (acceptance not to be unreasonably dclaycd), resulting from imperfect
or defective work done or materials fi.ished by the Seller. Acceptance or use of goods by the Pumhaxer shall not
constitute a waiver Ofany claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers
liability hereunder shall extend to all damages proximatoly caused by the breach of any of the foregoing wsammics
or guarantees, but such liability shall in no event incladc loss ofpmfits or lass arose 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. CHANGES IN COMMERCIAL TERNS.
The Purchaser may make any changes to the terms, other than legal term, including additions to or deletions front
the quantities originally ordered in the specifications or dmwcinge, by .cabal or wTinen change arfcr. If any such
change affects the amount due or the time ofperfornance hereunder, an equitable adjustment shall be mudc.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then Out shipped, subject to any equitable adjusment bactor n the panics as to any work or materials then in
progress Provided that the purchaser shall not be liable for any claims for anticipated profits On the unco nrleted
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 Scllcrs standard stock. No such temaination shall relieve
the Purchaser or the Seller crony of their obligations as many goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or Icrnainatiwn is
ordered.
A. COMPLIANCE WITH LAW,
The Seiler wamnts that all goods sold hereunder shall hm'c been produced, said, delivered anti furnished in strict
compliance with all applicable laws and regulations to which the grad are subject. The Seiler 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 he this reference. The Seller agrees to
indemnify and hold the Purchaser hamticc farm all costs and damages suffered be 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, many monies due or to hccomc due hereunder without the
prior written consent of the other party.
10, TITLE.
The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment. mmerials, and i]cma furnished
in perfommnce of this agreement free and clear of any and all liens, restrictions resetvntions security interest
encumbrances and claims of other.
The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of anv nature
resulting from the performance ofsuch work.
This release .Aull apply even in the event of fault of negligence of the party released and shall extend to the
directors. office¢ and enmplovecs of such party.
The Seller's emntmcnml obligations, including wmmmty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seiler is required to use any design, device. material or process coveml by loner, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from anv 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 cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or a er the completion of the work. In case said equipment. or
any part thereof or the intended use of the goods, 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 parcurc for the
Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but
m ninfringing equipment, or modify it so it boccnnc anninGinging,
15. INSOLVENCY.
If the Seller shall hccrnnc iralk ent an bankrupt, make an assignment for (1e henc0t of creditors, appeial a
receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be
consnued under and governed by the laws of the State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services Of Scllcrs Representative(s), on the premises ofothets.
17. SELLERS RESPONSIBILITY.
The Seller shall carte on said work at Seller's own risk until the lime is fully completed and accepted, and shall.
in case of anv accident, destruction or injury to the work and/or materials before Sellers final completion and
,acceptance complete the work at Seller's men expense and to the satisfaction of the Parchascr. Whca materials
and equipment are furnished he others for installation or erection by the Seiler. the Seller shall receive, unmad,
store and handle same aI the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall. at his own expense, provide for the payment of wnrkcrs compensation, including occapatimnal
disease bencft6, to its employee, cntplayed on or in connection with the work covered by this purchase order.
and/or to their dependents in necardance with the laws of the state 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 m ]cast S100,000 for any one person. S50Q(NIO for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
entancton, if any. to prrwide for such compensation and insurance Before any of the Sellers or his contactors
employees shall do any work upon the premises of mhers. the Seller shall famish the Purchaser with a certificate
That such compensation and insurance have been provided. Such ecni Gcates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nssumcs the entire respunsibility and liability for anyand all damage. loss or inquiry ofany kind
or nmum whatsoever to persmu or property canoed by Or resulting from the execution of the work provided for in
this purchase order or in connection locomvith. Ilie Seller will indemnify and hold harmless the Purchaser and any
or ,It of the Purchasers nfi ects. agents and employees from and against any and .11 c1tims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to e'hieh the Purchaser may
be put or subject by reason Of any act. action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers nr contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Porch tucq or its odficeM, agents or employees at any it 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 mime at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses.
any and all judgments then 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 the Parchascr, or said panics in or as a result of such suits or other proceedings.
the Seller will at once cause the same I. he dissolved and discharged by giving bond or Otherwise. The Seller and
his contractors shall take all safety precautions fiunish and install all guards necessay for the prevention of
accidents comply with all laws and regulations with regard to safety including, hilt without Iimitalion, the
Occupational Safetyand Health Act of 1970 and all mles and regulations is ued porsmmt thereto.
Revised 03/2010