HomeMy WebLinkAbout440976 DIGITAL INTELLIGENCE INC - PURCHASE ORDER - 9141502f I
Fort Collins
Date: 0311112014
Vendor: 440976
DIGITAL INTELLIGENCE INC
17165 W GLENDALE DR
NEW BERLIN WI 53151
PURCHASE ORDER
PO Number I Page
9141502 1 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: 03/11/2014 Buyer: DAVID CAREY
Note: /
Line Description Quantity /UOM Unit Price Extended
Ordered Price
Forensic Analysis Computer 1 LOT LS 14,223.00
(FRED), Item# F1100 2R
Forensic Recovery of Evidence Device (FRED)with Software & Accesones.
Quantity: one (1) /
Per Quote# 20140225C,dated 02/25/2014.
Purchase approved using Sole Source dated 01/30/12.
2 Shipping Cost
for above Device
Per Quote# 20140225C, dated 02/2512014, Item
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 150.00
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. COMMERCIALDETAILS.
Tax exemptions. By solute the City of Fort Collins is exempt from sure and ]Oral uses. Our Exemption Number is 11. NONWAIVER.
98a04502. Federal Excise Tax Exemption Certificate of Registry 84�6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Leaves, Colorado (Ref Colorado Revised Satotes 1973, Chapter 39-26. 114 (a). exercise my rights of remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the mceprmcc ofor payment for goods hseuado or approval of the design, shall not release the Seller of
Goods Rejaled GOODS REJECTED due to failure of meat spaifmlims, either when shipped or due in defects of my of the warranties of obligations of this purchase order aad shall not be decmed a waiver of any right of the
damage in council. may be resumed to you for credit and are not to be replaced except upon receipt of wzinen purchaser to insist upon strict Performance hoof or any of its rights or emMies as many such goods, regardless
instruction from he City of Fort Collins. of whm shipped, received or accepted, as to my prior or advag vor deraull houndm nor shall my purpanod
oral modification or rescission of this purchase order by the Purchaser operant m a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof.
Final Acceptance. Receipt of the merchandise, satires or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of FanCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual m economic practice, overchargesantitrust resulting from antitrust
ACCEPTANCE is dependent uection pon completion of all applicable required inspprocedures. violations are in fact home by the Purchaser. Theretofore, for good cause said as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hermfer
Freight Terms. Shipments most be F.O.B., City of Fort Collins, TOo Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charge for packing will not be accepted.
Shipment Distance. Where immediateness have distribming paints in visions parts of live country, shipment is
expected from the a mo st distribution prior to distinction, and excess freight will be deducted from Invoice when
shipments m made from grater distance.
Permits. Seller shall pmcme, at sellers sole east all meessary pandits, cablicares and licenses required by all
applicable lass, rcplotirm, ordirame s and roles of the sure, municipality, teritteryor political subdivision whore
he work o performed, or required by any whet duly coastimmd public authority havingjmivliction over the work
of vendor Seller further agrees to hold the City of For Calif. harmless fmm and against all liability said loss
incurred by them by reason of an seemed or established violation of any such laws, regulations, ordinances, mlcs
and requirements.
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquirM by the Purchaser pursuant to this purchase under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Parchom direr¢ the Seller to coma nonconforming of defective goods by a date to be agreed upon by he
Purchaser and the Seller, and the Seller hcrmffa inchates its inability or unwillingness to comply, the Purchaser
may cause rise work m be performed by the mot expeditious means available to it, and he Sella shall pay all
costs associated with such work
The Seller shall release the Purchaser and its contractors of any fief from all liability and claims of any mount
resulting from the performance afsuch work.
This release shall apply even in the event of fault of negligence of the party releasW and shall extend to the
directors, oRc us mad employees afsuch party.
Authorization. All parties to his contract agree Char the oT e,awlives are, in feet, bona Erie and possess full and The Sellers contractual obligations, including womanly, shall not be deemed to be reduced, in any way, because
complete authority to bind said parties. such work is performed or caused to be performed by the Purchaser.
LIMITAI ION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions stated
hemin set fah and any supplementary or additional Items and conditions annexed hereto or incommoded herein by
reference. Any additional or different erms and conditions proposed by seller me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASB4G AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date w noted. Time is ofdte comm. Delivery and performance most be effected within the time
stated oa the purchase order and the documents attached hereto. No ands of doe Purchasers including, without
limitation, acceptance Ormond late deliveries, shall m ante as a waiver of this pmv¢ioa In the event of any delay,
he Purchaser shall hoe, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages ae a result of delays
due to causes not acuambly, fmesaable which are beyond its oeuomble mewl and without its fault of negligence,
such acts fGod, acts mfcivil m maitany, authorities, governmental priorities, fires, strikes. Road, lademirs, wars of
riots provided that notice of the conditions causing such delay is given to the Purthasa within five (5) days of he
time when the Seller fast received knowledge hereof. In the event of any such delay, he date of delivery shall be
extended for the period equal to he how actually lost by reason of he delay.
3. WARRANTY.
The Seller warms that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be Or for the purposes intended, and
performed with the highest degree of care sad competence in accordance with accepted standards for work of a
similar nature. The Sella agrees to bold the purchaser harmless from any loss, damage or expense which the
Purchaser may sulfa or incur on accoum offlue Sellers breach of wa rmay. The Seller shall replace, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptors, of the goods f shed hmuvder (ocepdai not to be unfeamaably delayed), resulting from imperfect
or defective work done in mmmah fiunishal by the Sella. Acceptance Or use of good by rive Purchaser shall not
mmtimte a waiver ofmy claim trader, this wamnry. Except as otherwise provided in this purchae, order, the Sellers
liability hounder shall extend m all damages proximately caused by rise breach of any of the foregoing wamenties
at guarantees, but such liability shall in an event indudc loss of profits or Joss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes Ir legal ]ems by wrhen change m1a.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to our deletions from
the quantities originally ordered in the specifications our drawings, by verbal or written change order. If Day such
change affects the amount due or the time of,afommnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any m all portions mf the
grad then not shipped, subject to my readable adjustment between the parties as to my work or materials then in
progress provided that the Pmchaser stall not be liable far any claims for mticipmed prof. on he uncrmplaed
portion ofthe goods amNor wok, fro incidental or consequential damages, aad that no such adjustment be made in
favor of the Seller with respect at my goad which are the Sellers smndand stock. No such termimtimm shall relieve
the Purchaser Or the Seller of any ofthen obligations as to any goad delivered Narmada.
T CLAIMS FOR ADJUSTMENT.
A, claim for adjustment must be exa ed within thirty (30) days from the due the change or tcnnirmtim is
miecd.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold bacteria shall have been produced, sold delivered and famished in stria
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents We may be required to effect or midenec compliance. All laws and regulations required to be
imon,maded in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and Jomoges suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall msign, tmmfe, or convey his order, or my monies due or to become due hereunder without the
prior wrium contend ofthe other parry.
10. TITLE.
The Seller wammu full, clear and uotesm,W tilde to he Purchaser fro all equipment, materiah, and it. barmaid
in perfomme of this agremrnt free and clew a my aM all lira, restrictions, oservations, security interest
encumbrances and claims of Other,
14. PATENTS.
Whenever the Seller is required IW use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchases Tram my and all claims for infringement
by mason of the not, of such patented design, device, material or process m connection with the commit, and
shall indemnify the Purchaser for any cosh expense or damage which it may be obliged to pay by rcamn of such
infringement at any time doing the precaution or after the completion of the work. In case said equipment, or
any pan thereaf or the intended ase of the goods, is in such suit held to constitute inGngoent and the tau of
said equipment or Pot is enjoined, the Selltt shall, at its awn cda. and at in caption, diver procure for One
Purchaser the fight to orminae using said eginformal no pans, replace the same with substantially aided but
noninfringin, equipment, or modify it so it becomes mainfningmg.
15, INSOLVENCY.
If the Sella shall become insolvent or bankmpt make an conformed for the bemfit of creditors, appoint a
receiver or trustee fro any of the Sellers property or business, this coder may forthwith l e canceled by the
purchaser without liability.
16. GOVERNING LAW.
Ibe definitions Ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
combined under and gswerad by the It. of the State ofC.Imad., USA.
The following Additional Conditions apply only in cases where he Sella is to perform work hereunder,
including the services of Sellers Rcoomenmtive(s), on the pramhes mfolhers.
117. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Settees own risk until he same is fully completed and accepted, and shall,
in case of my accidear, destruction or injury to the work mYor marenah before Serels fast completion aad
acceptance, complete tbe work in Seller's own expose sad to the satisfaction of he Porclussa. When materials
and equipment are fumishM by others fro installation m erection by the Seller, the Seller shift receive, mload.
store and handle same in the site anti become mismoble therefor m through such materials odor equipment
were being famished by the Sella umber the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers camprnsation, including occupational
disease benefits, to its employees employed on or in connection with the work mveral by this purchase order,
and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller
shall elm carry cian"cl emive general liability including, but not limited to, contrnemal and automobile public
liability insuance with bodily injury and death limits of at least 53W,000 for any one person, SSM.MO our any
one occident and property, damage limit per accident of $400,000, The Sella shall likewise require his
ontracom, if any, to provide for such compensation and insurance. Before any urge Sellers tar his contractors
employees shall do my work upon the premises of others, the Seller shall famish me Purchaser with a cerifimte
that such compensation and insurance have been provided. Such cenifima, shall specify the date when such
compensation and itmuance have been provided. Such anifimtes shall specify the daze when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed aad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibiliry and liability for my anal all damage, loss or injury of my kind
or nature whosoever to persons or property mused by or resulting from the exemtion Write were provided far in
his purchase order Or m comemim herewith. The Sella will indemnify and hold harmless he Purchases and my
as all of fie Purchasers a1Bcm, agents and empluyces fmm and agamot my and all claims, losses, damages,
charges or exposes, whether direct or indirect, cad whether to persons or property to which the Purchaser may
be pm or subject by reason of my act, action, medial, omission or default on the Ilan of he Sella, my of his
contractors, or my of the Sella or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Fortuna. or its officers, agents our employees at my time on account or
by reason of my act, action, neglect, omission or default or he Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, he Seller hereby agrees to assume the defense thereof and to
defend he same at the Sellers own expense, to pay any and all costs, charges, allomeys fees and other apenses,
any and all judgments that may be incurred by or obtained against the Purchaser our any of its or their officers,
agents or employees in such suits our other proceedings, and in case judgment our other lien be placed upon Or
churned against the property ofthe Purchaser, our said parties in in as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and Jischargod by giving bond or Wtherwix. The Seller and
his contractors shall take all safety precautions, hoorah and Imtall all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, he
Occupational Safety and Health Am of 1970 and all roles and regulators issued pursumt theca.
Revised 03QOIO