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HomeMy WebLinkAbout524791 LEIGHTRONIX INC - PURCHASE ORDER - 9136692Fort Collins PURCHASE ORDER PO Number Page 9136692 1of3 This number must appear on all invoices, packing sli s and labels. Date: 12/16/2013 Vendor: 524791 Ship To: MIS LEIGHTRONIX INC CITY OF FORT COLLINS 2330 JARCO DR 215 N MASON, 3RD FLOOR HOLT MI 48842 FORT COLLINS CO 80524-4408 Delivery Date: 12/16/2013 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price I LIVE STREAMING MEDIA ENCODER 1 LOT LS 7,990.00 QTY (2) PEGstream-SD2 2 ONE YEAR LIVE STREAM SERVICE 1 LOT LS 3,000.00 QTY (1) PEG Stream ANNUAL COST 3 ONE YR WEB MEDIA HOST/STREAM 1 LOT LS 2,988.00 VOD SERVICE - ANNUAL COST 4 SPECIAL DISCOUNT 1 LOT LS -1,200.00 DISC COMBINED HOST/STREAM VOD 5 Digital Video Encoder 1 LOT EA 3,495.00 PEGvault-SD Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9136692 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 16.273.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Exilic, I'as Exemption Cemifeme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommnce of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise at,, rights or remedies provided herein or by law, Ed lure 4, promptly mufy the Seller in the event of a breach, the acceptance for payment far goads hereunder or approval cribs 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 warintia or obligations of this purchase order and shall not be deemed a waiver of any right of We damage in transit, may be retuned to you for craft and are not to be replaced except upon receipt of writlrn Purchaser 10 insist upon strict performance hereof m any of its rights or remedies as to any such goods, regardless insttaions form the City of For Collins, of when shipped, received or accepted, as to any prior or substagra, default hereunder, nor shall any preferred am] malt ficalion or rescission of this purchase order by the Purchaser opcmm as a waiver of any of be tenon Inspection. GOODS arc subject to the City of For Collins inspection on suffix, hcaof. Final Acceptance. Receipt of the merchandise, se or aluipment in response to this order canresult in 12, ASSIGNMENT OF ANTITRUST' CLAIMS. nnforized payment no the pan of the City of Iroart Collies. Haweveo it is to be nndomnad last FINAL Seller and the Purchaser noognize that in actual scontantic practice, overcharges resulting from antilmsl ACCEPTANCEis dependent upon completion of all applicable r nor,] inspection procedures violations are in fad home by the Purchaxa. Thefetoforc, for bead cause and as comodernlien for executing this purchase order, the Seller hereby assigns to the Purchaser any end all claims it may now have art hereafter, Freight Terms. Shipments muse be F:O B., City of Far Collins, 700 Wood St., Far Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If Fornmoion is given no prepay brief, cad charge separately, the mightiest freight purchased or acquired by the Purchaser pursuant to this purchase orden bill must accompany awaits. Additional charges far packing will Pat be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacurrers Love distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective goods by a&te to be agreed upon by the expected from the nearest distribution point to deoinol=, and excess freighl will be deducted from Invoice when Purchaserind the Seller, and the Seller thereafter indicates its imtbilityor unwillingness to comply, the Purchaser shipments are made from greater distance. mny cane the work to be performed by the moss expeditious trims available to it, and the Seller shall pay all Costs assoccord with such work. Permit. Seller shall practice at sellers into Cost all necessary pcmmits, cenificmes and licenses required by all applicable haws, mgmilimrs, ordinances and cults of the state, umnklpatiry, mmtory or political subdivision where the work is performed, or required by any other duly consinc ed public authority having jurisdiction over the work of vendor, Seller further agrees to hold the City of For Collins Lo1mkss from aid against all liability end loss ncured by them by reason arm asxred of ctablished violation of rry such laws, regulations, ordinances, rates and requirement Authorization. All parties 1a this contract .,are that the representatives are, in fact, bona fide and possess full and complete authority 1P bind said Rani,,. LIMITATION OF 'I ARMS. 'Ibis Purchase Order expressly limits ueespe a to the terms and conditions turned herein set forth and any supplementary or additional morn and conditions annexed hereto or incorporated herein by reference. Any additional or di 1&rent corms and conditims proposed by seller are objected to and hereby rgected. 2. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to ari on your promised delivery date as noted Time is cf the csence. Delivery and Performance most Lo effected within the time .stated on the purchase order and the documents attached hereto. No as of the Purchasers including. without Iimitation, acceptance of partial late deliveries, shall Private as a waiver of this provision In the ever of any delay, the Purchaser shall Lava, in addition to other lugal and equitable mmedles, (lie option of placing this in nlcr elsewhere trod holding the Seller liable for damages_ I{rescue, the Seller shall act be liable for damages a, a result of delays due to causes not reasonably foreseeable which are beyond its reasonable conbel and without its fault of negligence such acts of Gat aces compl or military substrate, gwemmrnwl priorities, finis, strikes, flood, epidemics, wars or noes provided that notice of the conditions causing such delay is given 10 the Purchaser within five (5) days of the time when the Seller Om received knowledge thereof. In the event of any such delay, the doe of delivery shall be extended for the period equal to be time centrally last by reason c fthe delay. 3. WARRANT'Y. The Seller warrants that all goods, articles, materials and work covered by this order will cartoon with applicable drawings, specifiatin is, samples -WV- other descriptions given, will be fit for the purposes intended, and performed with the highest degree create and competence in accordance with accepted standards fur work of a similar name, The Seller agrees to hold the Purchaser h.—less from any loss, damage or expose which the Purchaser may su0'er or carrion account of the Sellers bmacb of waranl. The Sella shall reRlxq repair or make good, without cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may be prrecnbcd by law or by be tents of any applicable warranty porvided by the Sella offer the date of scriptures of me gook famished hereunder (acceptance not ,a be unrommu bly delayed), rearkiug firm imperfect or defective work dune or matmals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any clairn under this warranty. Except as otherwise provided in this purchase order, the Sellers liabiliry hereunder shall extend to all damages pmximately reused by the breach of airy of the f rre,ring warranties or guarantees, hot Hach linbil ily shall in no event include loss of profits or lass of nee. NO IMPLI EO WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4, CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal isran by wnnen change miler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mats, other than legal cram, including additions Io or deletions from the quantities originally ordered in the specifirs tom to drawings, by verbnt or, writer change aide,. If any such change effects the in it due or the time of perfmmnce hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by welter change order, terminate this roximem as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panic as to am, work or materials then in progress prodded What the Puchaser shall rim be liable for any claims for anticipated pores or the tutiampliond portion of the goads nudist work, for incidental or consequential damages, and that an such adjntmet be made in to,.,of,he Seller with reapess, a any good, which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for rujusunern must be asserted within thirty (30) days from the dare the change or Perminmion is ordered. 8. COINTLWNCF, WITH LAW. The Sella commons that all guards sold hereunder shall have been produced, said, delivered and famished in strict compliance with ill applicable laws and rcgdmions to which me goods art subject. The Sells, shall execute and deliver such documents as may be repaired 1a effect m evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated heroin by this re@ranee. The Seller agrees to idemnify and hold ,he Pucbase, harnme, form all coax vad damages antlered by the PumM1nser as a moult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, conifer, or convey this order, or my monies due or to become due hereunder without me prior waver consent of the be, poly. 10. TITLE. The Seller wernme, full, clear and committed title to the Purchaser for all equipment materials, and items Finished in performance of this agreement five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liabiliry :rod claims of any nature resulting tram the performance ofsuch work. This release shall apply even is the event of fault of negligence of the party released and shall extend u, the directors, afhcers and employ. ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be, noticed, in any way, because such work is performed or caused m be performed by the Purchaser. 14, PAT 13N I S. Whenever 1Le Seller is required 1r use any ridge, device, mmedal or process covered by Imter, Rment uademark or copyright, the Seller shall indemnify and save harmless the Purtbeir form any and all claims for infringement by reason of the use of such Patented design, device, mamnnl or process in correction with be cannot and shall indemnify the Purchaser for any coil, expense or damage which it may M obliged to pay by reason of such 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 or the goads, is in such suit held to consfr om infringement and the use of said equipntem or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the ogle to mminuc using said equipment or ports, replace the same with substantially equal but nanintriurng egaipmel, or modify h so it becomes m n ufringing. 15. INSOLVENCY. If the Seller shall become Insohent or bankmpt make an assignment for the benefit of creditors, appoint a Procurer or trades, for any of the Sellers property or business, this order may forbwilh No canceled by Ne Purchaser, without liability. 16, GOVERNING LAW. The definition, of moms used or the inn urrinu an Pill, agreement and the rights of all part,, hereunder shall be construed trader and govemed by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in cons, wheat the Sell,, is to if.., work hereunder, including the services of Sellers Rapreuntabse(s), =the premises numbers. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the work at Selle's own expense and to the satisfaction of the Purchaser. What materials and rauipmrnt ore famished by others for installation or erection by the Seller, the Seller shall receive, Prload, sore and handle same at the site and become responsible therefor as though such materials and/or equipment were bring famished by the Seller under the order. 18. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensation, including oroupaOPml disease benefits, to its employees employed on or in connection wish the work covered by this purchase robot. and/or on their dependents in accordance with the laws of the state in which the work is to be done. Fire Seller shall also carry comprehensive general liability including, but net limited to, contractual and automobile public liabiliry insurance with bodily injury and death limits or in least S30mo00 for any one Berson, S500,000 for any one ctudern and property damage limit per accident of 5400,000, The Seller shall likewise ,arm his ommdoP. it any, la Provide for inch ca.npcnsmiPn and insurance, Before any of the Sellers or his contractors employees slmll do any work upon the premises of o hers, the Seller shall famish ,he Purchaser wish a cernficam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such emifientes shall specify the rime when such compenstion and insurance expires. The Seller agrees than such compensation and insurance shall be maintained ..,it after be mtirc work is completed and accepted. 19, PNOI ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabiliry for any and all damage, loss or injury of any kind in rc wl atsuroar 10 person or prapcny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. Be Seller will indemnify and hold harmless the Purchaser and any r all of the Purchuers officers, agents and employees from and against any and all claims, losses, damages, charges or expense whether but or inwhether direct, and to corms or property to which the Purchaser may be put orsubject by reason of any act, action, neglaa, omission or default on be pan of the Sella, any of his contractors, or any of be Sellers or contractors officers, agents or employees. In case any suit or other porcttaltep shall be brought against the Purchaser, or its officers, agents or employees at any time on seem=, or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as ofmcand, the Seller hereby agrees to assume the defense thereof and to defend the same at the Seller own expense, to pay any and all costs, charges, aaorcys fees and other expenses, any and :ell judgmems In., may be immoral by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or mher proceedings, road in case judgment or other lien be placed man or obtained.,mrst he properly c f the Purchaser, or said panics in or as is result of such sai ; or the, BaeeNings, the Sella will a, once cause the same,a be dissolved and discharged by giving bond or oferwise. The Sellef and his contraction, shall take all safety precautions, famish and install all guaMs necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all rates and regulations issued museumuherem. Revised Wallin