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HomeMy WebLinkAbout163854 LARIMER COUNTY INFORMATION - PURCHASE ORDER - 9123167PURCHASE ORDER PO Number Page City Of9123167 ' of s ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 06/01/2012 Vendor: 163854 LARIMER COUNTY INFORMATION TECHNOLOGY DIVISION PO BOX 1190 FORT COLLINS Colorado 80522 Ship To: POUDRE FIRE AUTHORITY - AD 102,,REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 05/31/2012 f` Buyer: ED BONNETTE Note: Line Description / Quantity UOM Unit Price Extended / Ordered Price Paging Equipment Lease 1 LOT LS 7,312.31 INV 1228 7-MAY-12 RCL� Q. 0i'la:�92;F— 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 $7,312.31 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 exemptions. By .statute the City of For, Collins is exempt free state and local taxes. Our Exemption Number is I L NONWAIVER. 9g-N502. Federal Excise Tax Exemption Certificate of Registry 94-fdlOO597 is registered wilh the Collector of Failem of the Purchaser In insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39- 26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to racer specifications, either when shipped or doe to defects of any of the want, mics 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 arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to nny such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temra Inspection. GOODS arc 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 result in 12. ASSI GNM ENT OF ANTITR UST CLA I MS. authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and 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 berme 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 Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or scrvicus otherwise specified on this order. If pcmtission 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 he accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pcmits. Seller shall procure at sellers sole cast all necessary permits. certificates and licenses rcquircd by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fain Collins harmless from and against all liability and loss ineurmd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All parties to this contract agree that the representatives arc. in fact, bona Ede and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by Scllcr arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of Poe essence. 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, withoul limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hmscver, the Seller shall not be liable for damages as 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, as of civil Or military authorities, governmental priorities, fires, strikes. Bond, epidemics, wars 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 first received knowledge thereof. In the event of any such delay, the date of del ivory shall be extended for the period equal to the time actually lost by reason of the dcl ay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfomed 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 lass, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to 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 pmvidcd by the Seller after the date of acceptance of the goods famished hereunder (aaeptance not to be unreasonably delayed), resulting Form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as mlactwiw provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing wammics or guarantees, but such liability shall in no seem include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS, The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the terms, other than legal term, including additions to or deletions Tom the quantities originally ordered in the speciBwrment or drawings, by verbal or vritca change order. If any such change affects the amount due Or the time of performance hereunder, an equitable adjustment shall be made. fi. 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 to any equitable adjustment between the panics ns to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmPos on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in facer of the Seller with respect In any goods which arc the Scllcrs standard struck. No.such termination 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 temination is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents rs 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 Io indemnify and hold the Purchaser harmless form 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 become due hereunder without the prior written consent of the other party. 10. TITLE, The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance 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. The Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unw'illiagncss to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall rcicasc the Nuchascr and its contractors of any net from all liability and claims of any nature resulting Tom the performance ofmch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend In the directors, officers and employees of such party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, 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 covered by letter. patent, trndenmrk or copyright, the Seller 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, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan 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 feature for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but noninGinging equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller Shall become insolvent or hankruph make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcfinitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder. including the services of Scllcrs Rep xsenmtive(d. on the premises ofoden. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work m Scllcr's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the S[Iler, the Scllcr shall receive, unload, store and handle same at the site and become responsible therefor as though such mntcrials and/or equipment were being famished by the Seller 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 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 mark is to be done. The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury gad death limit of at least S300,000 for any one person. S501TOn) for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contmcmrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work open the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates 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 Scllcr 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 assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees fmm and against any and all claims. losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any 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 case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by rcman 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 snore at the Sellers own expense, to pay any and all costs, charges, at omcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser 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 Purchnscr, or said parties in or as a result of such suits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pmventinn of accidents, comply with all laws and rcgndmions with regard to safety including, but without limitation, the Occupational Safety and Heahh Act of 1970 and all rules and regulations issued pursuant thereto. Revised 6312010