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HomeMy WebLinkAbout100720 DECATUR ELECTRONICS INC - PURCHASE ORDER - 9141285Fort Collins Date: 02/27/2014 Vendor: 100720 DECATUR ELECTRONICS INC 3433 E WOOD ST PHOENIX AZ 85040 PURCHASE ORDER PO Number Page 9141285 10f2 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 Quantity UOM Unit Price Extended Ordered Price i Qty 2 - G2M Radar/KADBM per Quote QT00003987 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@fcgov.com 1 LOT LS 4,420.00 Total $4,420.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Pon Collin is exempt fmm state and local taxes. Ow Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifcav of Registry 84-6000587 is registered wish the Collector of Failure of the Purchaser to mist upon strict pedormenve of the tens and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stawtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided bertin or by law, failure to promptly notify the Seller or the event of a breach, the accrywnce of., payment for goods hereunder or approval of the design, shall not relea¢ tic Seller of Goods Rejected, GOODS REJECfED due to failure to meet sperificattons, either when shipped or due to defects of any of the wasnnties or obligation of this pureham order and shall rim be deemed a waiver of any right of the dmage in transit, maybe mo med to you for credit and ore nos m be replaced except upon receipt of written pweM1aaw or insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless inmuctions from the City ofFod Collins. of when shipped, received or accepted, as many poor or subsequent default hereunder, nor shall any purlwned oral modification or rescission of this purchase order by the Purchaser oycmw as a waiver of any of the terms Inspection. GOODS are subject to the City of Fun Collins inspection on amvai. hereof. Final Acceptance. Receipt of the merchandise, services or cauipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Coy of FunCollin. However, it is m be understood thatFINAL Seller and the Purchaser recognize that in morale poverc is ractice, harges resuhing form antitrust ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violation am in fact home by the purchaser. Theremfine nfor good cause and as consideration for executing this pwchau order, the Seller hereby assign to the purchaser any and all claims it may now have or hereafter Freight Tenn. Shipments must be F.O.B., City of Too Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired wader federal or $mte antitrust laws for such overcharges sexting to the particular goods or services otherwise specified on this order. If permission u given to prepay freight and charge separately, the original freight purchased at acquired by he purchase pursuant to this purchase order. bill nun accompany invoice. Addition) charges for packing will non be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Nhere manufazwms have disaibwing Points m various pans of the country, shipment is If the Purchaser threat the Seller to correct nonconforming or defective goods by a date in be agreed upon by the expected from the newest distribution point to destination, and excess freight will be deducted fmm Invoice when Pumhaaer and the Sella, and the Seller thereafter indiates its inability or unwillingness to comply, the Purchaser shipments are nude from former distanc, may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary Famous, Gerd icates and licenses "duel 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 constimmd public authority having jurisdiction over the work of vend.,. Seller funkier agrees to hold the City of Ion Collins harmless from and against all liability and lass incurred by them by reason of on uttered or established violaio s of any S.b laws, regulmlons, ofdinances, roles and no wrements. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the pert Trance ofsnch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. Authorization. All parties to this contract agree that the representatives are, in fact, ben fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in anyway, because complete authority b bind said parri such work is performed or caused to W performed by she Purchases. LIMITATION OF TERMS. This Purchase Order expressly limits woeptanve m the terms and coalition Smted herein set Rod, and any mpplementary or additional emu and conditions wmexed herem or incorporated herein by reference. Any additional or dilRrent terms and condition proposed by seller arc objected m and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly ifyou cannot make complete shipment w wrive on your promised delivery date as timed. Time is of the aroma Delivery and performance most be effected within the time stated on the purchase under and the documents wtmhed hereto. No acts of the Purchasers including, without limitation, acceptance Of Radial late deliveries, shall uperam as a waiver ofthis provision. In the event of ray delay, the Purchaser shall have, in addition to other legal and equitable remedies, she option of 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 w causes rat reamswbly foreseeable which are beyond its reasonable control and without its fault of negligence, such son of6od, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice Of the conditions causing each delay is given w 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 delivery shall be extended for she period equal to me time madly last by rowan OHIO, delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by Nis order will cant with applicable drawings, specifications, samples and/or other description given, will befit for the Purposes intended, and performed wish the highest degree of care end ..Merge in m xwdwN, with accepted xorndards for work of a milar mwtare. The, Sella agrees to hold the purchaser harmlrn form any loss, damage or expense which the Purchaser may suRa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects Or faults nixing within one (I) year or within such longer period Of time ex may be prescribd by law or by the lamas of any applicable warranty provided by she Seller after the date of acceptance of the goods furnished hereunder (acceptace not to be unreasonably delayed), resulting from imperfect or defective work done Or materials furnished by she Seller. Acceptance Or are of goods by the Purchaser Shall not constitute a waiver of ony claim under this w ormay. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately used by the breach of ony of the foregoing warranties or guarantees, but such liability shall in no event include to. of pmfits 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 to legal tames by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaa may make any changes to he terms, other than legal occurs, including additions to or deletiom form the quantities ongivally ordered in she specification or drawings, by verbal or women change order. If any such change aD'ecu 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 orde, vrmimte Nis agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment Iclween the panics us to any work or materials then in progress provided mbar she Purchaser shall not be liable for any claims for anticipated profts on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustmew be made in favor of the Seller with respect to any goods which arc he Sellers standard stock. No such m stucco n shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for mijntment most he asserted within thirty (30) days form she date the change or lewirotion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Oat all good Sold hereunder shall have been Frustrated, sold, delivered and famished in most compliance with all applicable laws and regulation to which the good we subject. The Seller Shall execute and deliver such documam as may be required to effect or evidence compliance. All laws and regulation required to be nsoryomted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a mull Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, hoofer, Or convey this order, or arty monies due Or to become due hereunder without the poor written consent ofthe other party. In. TITLE. The Seller warrants full, clew and uaesMeted title to the Purchaser for all equipment uotants, and items fumiahed in performance of this egreemenr. five anal clear of any and all lien, m sirumss, rt9esva1irns, security interest oncumbeances and claims of whetr, 14. PATENTS. Whenever the Sella is requital souse any design, device, notarial Or pmcass covered by later, patent eademwk or copyright, the Sella shall indemnify and save lawless the Purchaser fmm any and all claims for infringement by commit of the use of such patented design, device, mascrial or process in conversion with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by reaon ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipmwl, or any pan thereof or the intended we of the goods, is in such suit held to contimre infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase the right to continue using said equipment or pads, replace she same with substantially equal but nownfnnging equipment, or modify it so it becomes nmainfringing. 15. INSOLVENCY. If the Seller shall become inmlvem or bankrupt, make an assignmem for the benefit of credams, appoint a receiver Or wshe for any of the Sellers property, Or business, this Order may forthwith be caneded by the Purchaser without liability. 16. GOVERNING LAW. The definition oftewv ased or the innerprewdon of the agreement and the rights of.H parties hereuMar shall be wowed under and gwemed by the laws fthe State of Colorado, USA. The following Additional Condition apply only in causes where the Seller is b perform work hereunder. including the services of Sellers Representative s). on he premises of chars. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in ease of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's Own expense and to the satisfaction of the Purchaser. When materials and equipment we furnished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle Some at the site and become responsible therefor as though such materials anchor equipment were being famished by the Seller under the Order. 18. INSURANCE. The Sella shall, at his own expense, pmw& for the payment of wmkm compaodion, including Occupational disease benefits, to its employees employed on Or in wunection with the work covered by this purchase order, and/or to heir dependants in mcordame with the laws of the state in which the work ev b be don. The Sella shall also arty comprehensive general liability including but rim limited no, contracmil and amomObile public liability imumnce wih bodily injury end climb low. ofar leass 5300,000 for any one person, S500,000 tar any cident and Tommy damage limitwooden per wooden of S400,000. The Sella shall likewise require ishis cacontractors, if any, to provide for such compensation and insurance. Before any of be Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Puroh aver with a cer ifare that such compensation and insurance have been provided. Such certificates; shall speciry the date when such compensation and insurance have been provided. Such cenificmes shall specify the date when curb compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained umll after the entire work is completed tad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or mime whatsoever to person Or propmy caused by or resulting from the execution ofthe work provided for in this purchase order or in amaeamn herewih. The Sella will indemnify am hold homeless she Purchaser aM any or all of she Pwahnes officers, agents wad employees fmm and against my and all claims, losses, damages, Slower, nr expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may In, put or subject by reason of any rat, action, neglect, omission or dehull on he pan of the Seller, any of has convenors, or any of she Sellers or enactors officers, agents or employees. In case any suit or other proceedings shall be brought against he purchaser, or its Official, agent or employees al any time or account or by reason of any net, action, neglect, omission or default of the Seller of any of his conwetors or any Of its or their officers, agents or employees a, aforesaid, the Sella hereby agrees to assume the teenier thereof and to defend the come at the Sellers own expenm, to pay any and all cons, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their oBlcas, agents or employees in such miss or Other proceedings, and in case judgment or other lien be placed upon or obtained against the property Of she Purchaser, or said parties in or as a result of such suits or other proceedings, she 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, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rates and regulation issued parament thereat. Revised (OnWO