HomeMy WebLinkAbout100720 DECATUR ELECTRONICS INC - PURCHASE ORDER - 9141284Fort Collins
Date: 02/27/2014
Vendor: 100720
DECATUR ELECTRONICS INC
3433 E WOOD ST
PHOENIX AZ 85040
PURCHASE ORDER
PO Number Page
9141284 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 02/27/2014 Buyer: DOUG CLAPP
Note: per WSCA contract
Line Description LWIIUWU
Ordered UOM Unit Price Price
t Qty 10 - GHD Radar/MPH
per Quote QT00003986 2/18/2014
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@fogov.com
1 LOT LS
Total $6,600.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from some and local taxes. Our Exemption Number is
I I. NONWANER.
98414502. Federal Excise Tax Exemption Cenificase of Registry M4 sq)( )587 is registerml with the Collector of
Failure of the Purchssu to insist upon strict performance of she terms and con lidores henvf, failure or delay to
Material Revenue, Denver, Coloado (Ref. Colorado Raised Salutes 1973, L'lupter 39-26, 114 (a).
excirise any rights or mmedia provided herein or by low, failure to promptly notify the Seller in the event of a
breach, rise sccepwme ofor poym nd for goofs hereunder or approval of der design, shall at release the Seller of
Good Reported. GOODS REJECTED due to failure to am specifications, either when shipped at due to defects of
any of the aamntia or obligations of this purchase older soul shall not be dremm a waiver of my right of the
damage in transit, may Its, diamond to you for credit and are at to be replaced except upon nreipt of whow,
purchaser to insist upon strict Performance h nomfor any ofiu rights or remedies res to any such good, regardless
instructions from the Ciry of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hemnrder, nor shall my purported
oral modifiration or macission of this purchase order by she Purchaser operate as a waiver of any of the terser
Inspection. GOODS for subject to the City of Fan Collins inspection on arrival.
hereof.
That Acceptance. Receipt of the memhandiss, services or equipment in response to this order can recall in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized symem oa the pan of the Ciry of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in mural economic practice, o ercharga resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in face Nome by the Purchaser. Thercmforc, for good cause and as consideration for executing this
purchase motor, tie Seller hereby assigns m she Purchaser any and all claims it may now have M hereo0er,
Freight Perms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins. CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services
otherwise specified oa this mote,. If pem,ission is given to prepay freight and charge separately. the original freight
purchased or acquired by the Purchaser pursuant to this purchase older.
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Durance. Where andufactmers have dendm ing polar, m various pans of the c,malry, shipment is
expected firm the molest distribution holm m destilsom n, and excess freight will be dedumW fmm Invoice when
shipmems are made from greater distance.
Pertain. Seller shall procure at sellers sole cost all necessary pertain, certificates and licenses acquired by all
applicable laws regulations, ootinanm and roles ofthe stale, municipality, territory or political subdivision where
the work is performed, or required by my other duly consfimed public amhoriry havingjurodictian over the work
of vendor. Seller funber agrees to hold the City of Fan Collins Mardi from it against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, mgulmians, ordinances, soles
and aequia menu.
AUOmnzation. All parries to this contract agree that the representatives are, in fuel. born ride ad possess full ad
complere.,badly so bind said parties.
LIMITATION OF TERMS. This Purchase Under expressly limits mceptanre to the It. a l mdilimn stated
herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by
mRrence. Any additional we dif spum to. and conditions proposed by seller art objected as and bertby reputed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Immdiasly if you cannot make romplebe shipmem w amve oa your
premised delivery date as noted. Time is ofthe essence. Delivery and performance most be efrected within she lime
slated on the purchase order and the documents attached borrow. No worn of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver, argon provisiwo. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option wf placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to wrocanal or...mbly fomsewble which are beyond its reasonable control and without its fault ofnegligence,
suds acts of God, awn afcivil or military, authorities, governmental priorities, fires, strikes, flood, epidemics, wan or
riots provided Char notice of she conditions causing snob delay is given to the Purchaser within five (5) days of the
time when the Seller first resolved knowledge thereof. In the event of any such delay, the dam of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants for all goods, articles, materials and work covered by this older will conform with applicable
drawings, specifications, samples andror other dacriptions given, will be lit for the purposes intended, and
performed with the highest degree of care am compeiena Po accordance with accepted standards for work of a
similar more. The Seller agrees to hold the purchaser homeless Gom any loss, damage or expense which the
Purchaser may suffer or incur on mcounr of the Sellers breach of watrotry. The Seller shall replace, repair or make
good, without cast to the purchaser, my defect or faults arising within ram (I) year or within such longer period of
rime as may be prescribed by haw car by the it. ofmy applicable warranty provided by the Seller alter the date of
mceptmce of the gods famished heremder (acceptace not be usueawrably delayed), mulling flown imperfect
or defective walk done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim mauler this warranty. Except as otherwise provided in this purchase oiler, the Sellers
liability hereunder shall extend to all damages proximately caused by tbe batch of any of the foregoing comedies
or guatantees, but such liability shall in no eenr include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes as legal terms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Nan legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written cauge order. If any such
change affects the mnotmt 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 in to any or all portions of the
goods then not shipped, subject to any equitable adjustment between 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 ofthe goods ad/or work, for incidental or consequential dismaga, and that no such adjustment be made in
favor ofthe Seller with respect to my good which are the Sellers standard stock. No such temma ion shall relieve
the Pardoner or the Seller army oftheir obligations as w any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assered within shirty (30) days fmm the date the change at, retmiration is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wmmms chat all goad sold hereusWu shall have been produced, said, delivered and fumuhed in strict
compliance with all applicable laws sd regulations Is which the goods am subject The Seller shall execute and
deliver such documents ss maybe required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this ch tmeter am hereby mourpromm herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hornless from all occurs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall sssi,, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other pray.
10. TITLE.
The Seller warrants full, clear and unrestricted title w the Purchaser for all equipment, materials, and items fomishd
in performance of this agreement, free ad clear of any and all liens, drion,ions, reservations, srourit, musical
encumb adva and claims of others.
13. PURCHASERS PERFORMANCE; OP SELLERS OBLIGATIONS.
Ifthe Purchaser i incels the gel ler to control nonconforming or defective goad by a data to be agreed .,on by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may or. the work to be permit by the most expeditious means available to it, and the Seller shall pay all
swan associated with such work.
The Seller shall release the Purchaser and its comments of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
duaram, officers and employses of all party.
The Sellers convanaml obligations, including warranty, shall not be domed w be redaeed, in any way, because
such work is peR ed or caused to b, perfamom by the Purchsser.
14. PATENTS.
Winusever the Seller is required to use any design, dvitt, material or powers, coved by letter, patent, wademmk
ch copyw1w. the Seller shall indemnify and save harmless the Purchaser farm any and all claims for infringement
by rectum of the use of such pamnscd design, device, material or process in connection with the contract, am
shall indemnify the Purchaer for my cost, expense or damage which it may be obliged to pay by damn ofsuch
infringement at any time during the prosecution or after rise completion of the work. In case said equipment, or
any pan thereof or the intended use ofthe goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substmtimly all but
noninfringingequipment, or modify it so it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
muwr or wastes for any of the Sellers property or business, this older may forthwith be canceled by the
Purchusu without liability.
La. GOVERNING LAW.
The definitirow oFri. send or the interpretation of the agreement and the rights of all panic hereunder shall be
conswed under and governed by the laws oftha Suite afColowdw USA.
The following Additional Conditions apply only in eases where the Sella is to perform work hereunder,
including the sonic n afSellers RepresenmivepiT on the premises afotheas
IT. SELLERS RESPONSIBILITY.
The Seller shall cart' oa said work at Sellers own risk ..if the same ls Polly rom,I.m and accepted, and skull,
in case army accident, deswetion in injury to the work and/or materials before Sellers fwl completion and
acceptance, complete the wok at Sellers own expense am to the atisfmtiov of the Purchases. When materials
and equipment are finished by others for installation or motion by the Seller, the Seller shall receive, unload,
store sd handle same at the site and become responsible therefor as though such materials auditor equipment
were being Pomisbed by the Seller under the order.
I S. INSURANCE.
The Seller shall, an his awn expense, provide for the payment of workers rompewatim, including occupational
disease benefirs, to its employees employed on or in connection with the work coverel by this purchase order,
and/or to thew 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, but not limited w, commented and automobile public
liability insurance with lb uhly injury and death limns of al least $300,000 for any one person, $500/00q for any
e accident and property damage limil per accident of S400,000. The Seller shall likewise require his
aaetors, if any, as provide far moil compensation and insurance. Before my or the Sellers or Los contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such comficama shall specify the dale when rush
nmpeasation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and commerce shall be maintained until after the
entire work is completed and accepted.
19. PROTEMON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the mum responsibility and liability for my and all damage, loss or injury ofmy kid
r not whomever to persons we property caused by we mulling farm tote exeouGou of the work provided for in
this purchase order in in connection herewith. The Sellu will indemnify and hold harmless the Purchosu and any
r all of the Purchasers alu
ms, agents and employees fmmd aagainst any and ill]
claims. losses, damages.
charges or expenses, whether direct or noblest. not whether to persons or properly on which the Purchaser may
be put or subject by re,Nn of my act, action, neglect, omission or default on the part of the Seller, my of his
contactors, or my of the Sellers or contractors afTcers, agents or employees. In use my suit or other
proceedings shall be brought agmail the Puckuser, or its officers, agen%or employees at any lime on account or
by reason of my act, action, welder, omission or default of the Seller of my of his contractors or my of its or
their oRicers, agents m employees as aforeaid, the Seller hereby agrees to assume the defame thereof am to
defend the same at the Sellers own expense, to pay any and all costs, charges, i momrys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Franchiser or my of its or their officers.
agents or employees in such suits no other proceedings, and N case judgment or whir lien be placed upon or
obtained against the property ofthe Purchaser, or aid parties in or as a result of such suits or other proceadep,
the Seller 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 gmMs necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Heath Act of 1970 and all soles and regulations issued pursuant theme.
Revised 034010