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HomeMy WebLinkAbout443114 SYTECH CORPORATION - PURCHASE ORDER - 9122544City of Fo rt t Collins Date: 05/0112012 Vendor: 443114 SYTECH CORPORATION C/O JAMES ZAJDEL 6121 LINCOLNIA RD ALEXANDRIA Virginia 22312 PURCHASE ORDER PO Number Page 9122544 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: 05/01/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price r Per invoice #1779 4/27/2012 Server upgrade, install, train 1 LOT LS Per invoice #1779 dated 4/27/2012 for Server upgrade and installation & training. For NCDTF, per Sole Source memo approval for SyTech ADACS system 6/21/2008. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 18, 500.00 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 L COMMERCIAL DETAILS. Tax exemptions. 0y stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 99.04502. Federal Excise Tax Exemption Certificate of Registry R4-6000597 is registered with the Collector of Failure ofthe Purchnscr in insist upon strict performance ofthe tcmrs and conditions hereof. faihuc of delay to Internal Revenue, Denver, Colorado (Ref: Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly retire the Seller in the event Of,, breach, the acceptance of or payment for gods hereunder or nppmval ofthe design, shall 1101 mlCnsc the SCllcr of Gorwls Rejected. GOODS REJECTED Auc to failure to wal specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed A waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfnrmance Imucefor any of its rights or remedies as to era such gods, regardless instructions from the City offers Collins, of when shipped, received or accepted, As to any prior or subsequent default hereunder, nor shall Any purported oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort 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 part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the purchases- recognize that in actual aromatic practice, overcharges resulting from natitmsa ACCEPTANCE is dependent upon completion ofall applicable required inspection precodnms. violations are in fact home by the Purchnscr. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hash, assigns to the Pnrchascr any and all claims it may now have or hereafter Freight Tents. Shipments moss be F.O.H., City of Fort Collins 700 Wood St., Fort Collins, CO 90522, unless Acquired under federal Or state antilmst Imes for such nerchmgcs oclal ing In the particular goods or services otherwise spcci ficd on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr pursuant in Ill is parch ssc order. bill muss accompany invoice. Additional charges for packing will not be Accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where menumemrcrs have distributing points in various parts of the can try. shipment is If the Purchnscr directs the Seller to correct onconfamting or defective goods by a date to he agreed upw by the expected front the nearest distribution point to dstinatira. and excess freight will be deducted (rant Invoice when Pnrchascr and the Seller, and the Seller Ihorca Rer indicates its inability nr unwillingness to comply, the Purchaser shipments are made form greater distance. mny cause the work to be perfnmad by the most expeditions means available to it and the Seller shall pay all Costs Associated ouh such work, Pcmmim Seller shall procure at selas sell: cost all necessary permits, certificates and licenses required by all applicable Inns, regulations ordinances and rules of the state, municipality, mritory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendee Seller further agrees to hold the City of Fort Collins hamdcs fmm and against all liability and lots incurred by them by reason of An ,assessed or established violation orally such laws. regudnions, ordinances, odes and requirements. Anthorizntion. All parties to this contract agree that the representatives are, in fact, bona fide and Tossers full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temms and conditions annexed hereto or incorporated herein by reference. Any additional or difTerent isms and conditions Imposed by Scllcr arc objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you crime, make complete shipment to arrive on your premised delivery date as noted. Time ix of the essence. Delivery and performance must be effected within the time stated on the purchase order and the docuntcnl attached herein. No acts of the Purchasers including, without limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event orally delay, the Pnrchascr shall have, in addition to other legal and equitable memories, the option ofplacing this order elsewhere and bolding the Seiler liable for damages. However. the Scllcr shall nor he liable for damages ns a result Of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault Of negligence. such acts of God. acts ofcivil or military authorities, gnnmmental pnnntics. Tres, strikes. Rood, epidemics, was or rots Provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr 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 lost by on of the, delay. i. WARRANTY. The Seiler warrants that all gods. Articles, materials and work covered by this order will conform with applicable drawings, specifications, samples Anchor other descriptions given, will be fat for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work urn similar nano. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of w'amnty. The Scllcr shall replace, repair or make good, without cost 1. the purchaser, any defects or faults arising within one (I) year or within such longer period Of time as may be prescribed by law or by the terms of any applicable warranty prnvidcd by the Scllcr afar the date of acceptance of the goods banished hereunder (acceptance Ant to he unreasonably ddzycdL resulting Form imperfect Or defective work done or materials furnished by the Seller. Acceptance or use of gods by the Purchnscr shall not constitute a oaiver ofany claim under this wamnty. Except as othenwise provided in this purchase order, the Sellers liability Immunder shall extend to All damages proximately caused by the breach of any of the foregoing warmatics Or guarantees, but Such liability 911.111 in no event include loss of profits or If.,, arose. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S CHANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal tears, including additions to or deletions Trans she musinnitica amorality Ordered in lac a,mcifiemma, or drawings, by verbal Or written change order. If any such change affects the amount due or the time of performance hereunder. An equitable adjustment .shall be made. 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 not shipped, subject many equitable adjustment bcneen the parties 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 uncompleted Portion of the grads anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with nespecl many goods .which arc the Sellers standard stock. No such termination shall relieve the Purchaser of the Seller of any of their obligations as to any gueda dclimred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he Asserted within thirty (30) days fmm the date the change or lermination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in stria compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents As maybe required to effect or evidence compliance. All laws and regulations rcquircd to be incorporated in agmcmcats of this chancier arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdcss (man all costs and damages suffered by the Purchaser as a result orthc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or Any monies due Or to beeomc due Immunder without the prior written consent of the other party. 10. TITL E. The Scl let wamnts fad 1, clear and unrestricted title to the Purchnscr for all as runcnt materials and items furnished in performance of this agreement fires, and clear of any and All liens, restrictions, msemationx, security interest encumbmnccs and claims orethcrs. The Seller shall release the Purchaser and its contractors of any her fmm all liability and claims of any nature resulting from the performance ofsch wnrk. This release shall apply can in the event of fault of negligence of the parry released and shall extend in the directors, mracrsand employees ofsuch party. The SCIIcr's contractual obligations, including warranty, shall oat be deemed to be reduced, in any way, beetuse such work is performed er caused to he performed by the purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device. material or pmccss elected by letter, patent, undcnark or copyright. the Seller shall indemnify and save hamrless the Purchaser Trans any and all claims for infringement by relacm of the use of such patented design. device. material or pmccss in connection with the contract, and shall indemnify the Purchaser butane cost. expense or damage which it may be obliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or env 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 non expense and at its option, either procure for the Purchaser the right to continue using said equipment nr plans, replace the same with substantially equal but noninfringing equipnwnt Or modify it so it becomes noainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make in assignment for the hencfit of creditors, appoint a receiver or trustee for Any Of the Sd less property Or busi nose this order may frnthoi I he car nuled by the Purchaser without Iiabil its. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed undo and invented 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 seniccs Of Scllcrs Reprcscrlative(s), on the premises of ethers. 17. SELLERS RESPONSII111.1 1Y. The Seller shall tarty on said wnrk at Seller's own risk until the snare is fully completed and accepted, and shall, in case of any accident dic'metien or injury to the work mood/Or materials before Seller's Rnnl commpletiou And ,acceptance, complete the work At Sellers own expense anti to the satisfaction of the Purchases. When airerinls and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same rat the site and become responsible therefor as though such materials and/or equipment were being furnished by the SCllcr under the urder. IR. INSURANCE. The Seller shall, at his man expense. provide for the payment of workers compensation. including occupational dismce hcncfts. 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 Imes of the state in which the work is to be done, The Seller shall also care conmprchensive general liability including, but nor limited to, commensal and automobile public liability ro—Omcc .win Iw,Ii ly injury anti death limits of it least S300,000 for anyone reo nn, S500,0no for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his cnnnacfO s, if any, to provide fur inch compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prankes of others, the Seller shall furnish the Purchaser with a anifcate that such compensation And insurance have been Provided. Such certificates shall specify the date when such compenc Lion and insurance have ban provided. Such certificates shall specify the dam 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. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asasmcs the smite responsibilin' and liability foram' and all damage, loss or injury of any kind or nature whatsuever to persons or pmperly caused by Or resulting from the esaction of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pambnscrs urliars, ,gems and cmplovers from and against any and all claims, losses, damage, charges or cxpcnscs whether direct or indirect, and whether to persons or property to which the Purchaser nay be Put or subject by ra se of any net, action, neglect, OnOssims Or default on the parr Of the Scllcr, any of his contractors or any ofthe Sellers or conlractrea nReers, agents or employees. In ease any suit or other proceedings shall be brought against the Pnrchascr, or its officers. agents or employees At any rime on account or by reason of any act. action, neglect omission or default of the Seller of Ana of his contractors or Any of its Or their offiecr, agents or employees as nhems'tid. the Seller hereby Agrees tO assume the defense thereof and to defend the same At the Sellers non expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that rely be incurred by or obtained against the Pamhascr or any of its or their officers. agents 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 Purchaser, of said parties in or as a us till of such suits Or other proceedings, the Scllcr will at once cause the sane to be dissolved and disehmgnl by giving bond or Otherwise. The Seller and his contractors shAl1 lake All safety precautions, furnish and install all guards necessary fur the prevention of ,accidents, comply with All Imes and regulations with regard to safere including, but without limilalion, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant Ihercm. Revised 03/2010