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HomeMy WebLinkAbout247336 JUSTICE SYSTEMS INC - PURCHASE ORDER - 9123029PURCHASE ORDER PO Number Page City Of 9123029 d 1 of 2 `t Collinshis number must appear " 1 1�7 on all invoices, packing slips and labels. Date: 05/23/2012 Vendor: 247336 JUSTICE SYSTEMS INC 4600 B MCLEOD NE ALBUQUERQUE New Mexico 87109 Ship To: MUNICIPAL COURT CITY OF FORT COLLINS 215 N MASON, 1 F FORT COLLINS Colorado 80524 Delivery Date: 05/23/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price t FCEnterprise supporUmaint 9 users 07/12 - 06/13 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 1 LOT LS Total Invoice Address: 9,837.00 837.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-64502. Federal Excise Tax Exemption Certificate of Registry 94-W06597 is registered with the Collector Of Failure Of the Purchaser to insist upon strict performance of the terms and conditions hercnf failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Studies 1973. Chapter 39.26. 114 (a). exercise any rights or remedies provided herein Or by Imv, failure to promptly notify the Seller in the event Of a breach. the acceptance ofor payment for goods hereunder or approval Ofthc design, .shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any Of the warm atics Or Obligations Of this purchase order and shall not be deemed a waiver of any tight of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies m to any such goads, regr0ess instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or snbsegnem defrilt hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS are subject to the City of Fart Collin% 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. nuthorlgcd plyment on the pan of the City of Fort Collins. Hoocvu, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchargesresulting form antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact borne by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase order, the Seller herchy as. igns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H.. City of Fort Collins, 70O Wood St., Fon Collins CO 90522. unless acquired under fcdcml or state antitrust laws for such overcharges relating to the pnnieular goods or services otherwise specified on this order. If permission is given to prepay fright and charge scpnnlcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, hill must accompany ire cars, Additional charges for packing will not be accepted. Shipment Distance. Where mnufacmrcm have distributing points in various parts of the country, shipment is expected front the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments arc made form greater distance. Permits. Seller shall pimento at sellers sole cost all nrecssury permits, certificates and licenses requited by Al applicable laws, regulations, ordinances and miss of the state, municipality, territory or political SuMlivision whore the work is perfumed, or "aired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless Form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances, rules and requirements. Amhanzalion. All parties to this contract ages that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpresdy limits acceptance to the lens and conditions stated hcrcin set fnrth and any supplementary of additional terms and conditions annexed hcrcin or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you union make complete shipment m arrive ran your pmmised delivery date as rated. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purch su, including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event crime delay. the Purchaser shall have, m addition to Other legal and equitable remedies, the option ofplocing this order clxcwhcre and holding the Seller liable for damages. llmvvvu, 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 of negligence, such acts of Gel, acts ofeivil or military authorities governmental priorities, fires, 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 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 lost by reason ofthe delay. 3. WARRANTY. T'he Seller oamnts that all goods, articles, materials and work covered by this order Will conform with applicable drawings, specificatims, samples and/or Other descriptions given, will be fit far the purposes intended, and performed will the highest degree of care and commicace in accordance With accepted standards for Work of a similar nature. The Seiler aEmms to hold the purchaser harmless form any loss, damage or cxpcnsc Which the Purchaser may suffer or incur on account of the Sellers breach ofhvamnty. The Seller 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 be prescribed by law or by the terms array applicable wmmtty pmvided by the Scllcr a cr the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably dclxyed). resulting from imperfect Or defective work done Or materials furnished by the Seiler. Acceptance or use of goods by the Purchascr shall not consulate a waiver ofany claim under this wamnty. Except as othcmise provided in this purchase order, the Sellers liability hereunder shall extend to all damages panximamly caused by the breach of any of the foregoing wamniies or gnanntces, but such liability shall in no event include loss of profits ar loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions front the gnamitics 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 performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may of any time by written change order, terminate this agreement as to any Or all portions of the goods then nol shipped. subject to Inv equitable adjustment between the panics as to any Work or materials then in progress pmvided that the Purchascr shall not be liable for any claims for anticipated profits ran the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in farm of the Seiler with respect in any Foods Which are the Sellers standarLstock. No such terminaion shall relieve the Purchaser or the Seller of any Of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted Within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance With all applicable laws and regulations to which the goods 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hams firm all coos and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9, ASSIGNMENT. Neither puny shall assign, transfer. or convey this order. or any monies doe or to bccmm due hereunder without the poor written consent of the other puny. 10. TITLE. The Seller -,nonot full, clear and unrestricted title to the Purchaser total] equipment. materials, and items furnished in perfomancc of this agreement free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. 13. PURCHASERS 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 Parehasu and the Scilcr, and the Seiler thcreaftct indicates its inability or unwillingness to comply. the Purchaser may cause the Work to be performed by the most expedition, means available to it. and the Seller shall pay all costs a,,O.i,,t,d With such Work. The Seller shall rdcou the Purchaser and its contractors of any her front all liability and claims of any nature resulting front the p lbonnince of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to (be directors offcus mud employees O(such party. The Seller's contractual obligations including wamnty, 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 Seller is required to rise any design, device, material or process covered by letter, patent, trademark Or copyright, the Scllcr shall indemnify and save 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 indemnify the Purchaser for any cost, espense or damage which it may be obliged to pay by reason al -such infringement at any time during the prosecution matter the completion of the Work. In ease said equipment, or any part thereof or the intended use of the gook, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall. in its own expense and at its option, either procure for the Purchaser the right to continue aping said equipment or parts, replace the same with substantially equal bat anninfringing equipncnt, or modify it so it becomes amunfringing. 15. INSOLVENCY. If the Seller shall became iasalcent Or bankrupt make an assignment for the benefit of creditors. appoint a receiver or mustec far nny of the Sellers pmpcvy or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions eftcm, used Or the intnpactation ofthe agreement and the rights ofell panics hereunder shall be consumed underand governed by the Imes of the Stile of Colondo, USA. The fallooing Additional Condilions apply only in cases When the Seller is to perform work hereunder. including the scnices of Sellers Repmsentative(s), on the premises ofolhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Seller's ran risk until the same is fully completed and accepted, and shall, in case ref any accident, destruction or injury to the Work and/or ntnrcrials before Sellers Final completion and acceptance, complete the work at Scllcrs own expense and In the sadsf ction of the Purchaser. When materials and equipment are furnished by Others for installation or erection by the Seiler. the Seller shall receive. unload. store and handle same at the site and become,responsible thcmfor as though such materials and/or equipment were being furnished by the Seller under the order. IA. INSURANCE. The Seller shall, at his own expense, provide for the payment f wmkvrx compensation. including occupational disease benefit,. 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 laws of the state in which the Work is to be done. The Seller shall also carry comprehensive general liability including, bill not linumd to, contractual and automobile public liability insurance with bodily dainty and deauh limits of at least 5300.000 for any one person. $560.000 far any one accident and pmputy damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, no provide for ,such compensation and insurance. Before any of the Sellers or his contractors employees shall do nny Wad: upon the premises of ethers. the Seller shall fier ish the Purchascr with a ecdificate that such compensation and insurance have been provided. Such certificates shall specify, the date when .such compensation and insunncc have been provided. Such ecnificatas shall specify the date when such compensation and insurance expires, The Scllcr agrees that such compensation and insuranceshall be maintained until after the entire work is completed and accepted. 19. PRO ECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for nny and all damage, Inns or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the Work provided for in this purchase order or in connection herewith. The Seller Will indcmni fy and hold harmless, the Purchaser and any Or all of the Purchasers oRccrs, agents and employees fmm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect and whether in persons or property In which the Purchaser may be put or .subject by reason of nny act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors Officers, agents or employees. In use any suit or other proccerlings shall 6c brought against the Purchascr, or its olfcem. agents or employees at any time on account or by reason Of any act, action, neglect. emission or default of the Seller of any of his contractors or any Of its or their officers, agents nr tam Ployccs as aforesaid, the Seller hereby agrees In assume the defense thereof and to defend the same rat the Sellers Own expense, to pay any and all costs, charges, announces fees and other expenses. any and all judgments thin may be incurred by or obtained against the Purchascr or any of its or their o film. agents or employees in such suits or other pmcccdings. and in case judgment or other lien be placed upon or Obtained against the property of the Purchaser. or said panics in or as a result of such suits or other pmcccdings, the Seller Will at once case the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, furnish and install ail guards necessary for the prevention of accidents. comply with all Imes Ord regdations with regard to safety including. but without limitation, the Occupational Safetyand Health Act of 1970 and all roles and regulations issoed pursuant thereto. Revised 03/2010