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HomeMy WebLinkAbout404702 COPLOGIC INC - PURCHASE ORDER - 9141510Fort Collins Date: 03/11/2014 Vendor: 404702 COPLOGIC INC 231 MARKETPLACE SUITE 250 SAN RAMON CA 94583 PURCHASE ORDER PO Number Page 9141510 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: 03/11/2014 /Buyer: DAVID CAREY Note: / Line Description Quantity UOM Unit Price Extended Ordered i Price I Renewal Maintenance, Support, Updates 8 Hosting for DORS Per Invoice# 2014-091,dated 03/07/2014. For period: 4/7/2014 to 4/6/2015 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 5,147.00 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. COMMERCLV.DEFAILS. Tax exemptiom. By smrute fe City of Few Collins is exempt from state and local boxes. Ow Exemption Number is I L NONWAIVER. W-N502. Federal Excise Tax Exemption Cmifcate of Registry 84-6000580 is registered with she Colbert, of Fortune of the Purchaser to insist upon strict performatce of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Rd Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance ofar payment (w goods hereunder or approval ofthe design, shall notrefu se the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped! or due to defects of coy of the warranties 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 are not to be replied except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as 1. any such goods, regardless morme ce, form the City of Fort Collins. of when shipped, received or accepted, as an any prior or subsequent default hereunder, nor shall any puryar4d oral modification or rescission of this purchase order by the Purchaser operme u a waiver of any of the terms Inspection. GOODS are subject to fie City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhmdise, service, or equipment in reopersa t. this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment an the pan of the City of Fort Collins. Hox'ever, it is to be understood that FINAL Seller and doe Purchaser Maguire taut to sensed economic practice, eaverchai resulting from mtNus, ACCEPTANCE is dependent upon completion of all applicable required impaction procedures. viaticums are in fact tome by the prorchua. Theremfore, for goad cause and as mmidemat n for executing this purchase order, the Seller hereby assigns to the Friction, any and all claims it may now have or herea0er Freight Terms. Shipments must b, F.O.B., City of Fan Collins, 900 Woad Sc, Fort Collins, CO 80522, unless acquired under federal or suite mtltobt laws far such overhang. relating m the particular grads err services otherwise .specified on this order. If permission is given or prep y freight and cbarge separately, fie original freight purchased or acquired by the purchaser pm., ra Nis purchase order, bill most accompany invoice. Additional charges for packing will no, be accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment have dtmaliceing patner in various pans of the manution corrret nonconforming or deftaty goods by o date to be the e etc IfthPerc Per noweele d from Invoice when expected from the nearest distribution print to dcstinatiory vnd execs freigM1t will be deducted from Invoice when from wind m comply, the Purchaser at unwillingness ch er Purchaser and the Seller, and the Seller thereafter indicates its inability or emrgre, the Purchaser and t e Seller, a d the fteri to shipments vie made from greeter distance. may cause the work to be performed by fie most expeditious mantis available to it, and the Seller shall pry all available it, a costs associated with such work. Permits. Seller shall procure at sellers sale cost all eacco ry permits, canifcara and Itanses required by all applicable laws, regulations, mri am. and roles of the z.a, mumai,ithly, territory or political subdisision where tho work is Performed, or expired] by any other duly camentated public maturity having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collim harmless from and against all liability and lass incurred by them by not of W wanted or umblished violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the represematives are, in fact, bona fide and process, full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby « jecrN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you croon make complete shipment to naive on your promised delivery date as noted. Time is ofthe esscnm. Delivery and performance most be aboard within the time stated oa fe purchase order and the dommems atmchad herelo. No ace, of the Purchasers including• without limiatoa, ttceptaoce of partial late deliveries, shall opera. or a waiver of this provision. In Ne event of any delay, the Pu¢havor shall have, to addition to other legal and rymarble remedies, the option of placing this order elsewhere and holding the Seller liable far damage. However, the Seller shall nor be liable for damage. a a...1, of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such woo of God, etce. of civil or military aadrenttes, governmental priorities, fires, strikes, ❑own, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Pumhaser 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 the period equal to the time wholly last by reason of the delay. 3. WARRANTY. The Seller warrants then all goods, articles, materials and work covered by this order will conform with applicable doorstop, specifications, samples and/or after descriptions given, will be fit for the putpses intended, and pastrami with the highest degree of acre and mmpnenew in mcodmce with accepted standards for work of a words, mncem. The Seller agar. run hold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer roam on account ofthe Sellers breach of warmtny. The Seller shall replace, ocpair or make good, without cost to the purchase, any defects or faults arising within one (1) yea or within such longer Period of time as may be prescribed by law or by the tears of any applicable warranty provided by the Seller age' the data of acceptance ofthe goods furnished hereunder(accepmnce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no, institute a waiver of any claim under this warranty. Except az otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxtmarely waved by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event 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 Purcharer may make clang. la legal team by woman change ord. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term,, other Nan legal terms, including addition, to or delnims from the quantities originally ordered in the specifications or dawvm,,, by arbul or wrinen change order If any such Change aliens the amount due or the time of,terfmmmce hereunder. on equitable adjustment shall be made. 6. TERMINATIONS. The Purchuer may at any time by written change order, terminate Nis agreement u to any or all Porous of the Rivals then not shipped, subject to my equitable adjustment brnxeen the parrars as many work or materials then in progress provided fat the Pumhmer shall not the liable for my claims for anticipated profits on the uncompleted Portion of the goods maker work, for incidmnd or cousex oral damages, and that no such adjustment b, made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as to my Fiscal delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjus,men, must be asserted within thirty, (30) days from the date the change or termination is ordered. S. 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 are subject. The Seller shall execute and deliver such documents as, may be required to effect or evidence compliance. All laws and regulations required to be incorporated to agreement of this character arc hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Embrasure harmless from all cos¢ soil daring. suffixed by flue Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any manias due or to become due hereunder without the prior wrinen consent rftha ofar pony. I O. TITLE. The Seller warrants full, clear and woushicted title to the Purchuer for all equipment, materials, and items famished in Mountance of this agreement, free and clear of my and all [tens, restrictions, reservations, security interest encumbnoca and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature umber, from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend w the direnars, olBcars and employees ofsuch party. The Sellers contmctunl obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchuer. 14. PATENTS. Whenever fe Seller is required to use any design, device, material or process covered by lanai, paten,, trademark or copyright, the Seller shall indemnify end save .marks, the Purchaser firm my and sal claims for infringement by rearan of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged to pay by reason afsuch taGngamem at any time during the provion icn or aver the completion of the work. In cow said equipment, or any pan thereof or the intended use of me goods, is in such suit held to consterne infringement and Nc use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for fe Purchaser the right to continue using said recruitment or pans, replan the some with substantially equal but rerwmGmgiag equipment. or modify it so it becomes contributing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt. make as assignment for the benefit of creditors, appoint . receiver or trustee for any of the Sellers property or business, this over may forthwith be canceled by the Purchm, without liability. I& GOVERNING LAW. The definitionsadhesion red or dre intermountain ofthe agreement and the rights ofall pasta hereunder shall he cautioned under and governed by the laws ofthe State ofColorade, USA. The following Additional Conditions apply only in rases where dun Seller is or pert weak remember, including the services; ol'ScHers Rcpremrm5ve(s), on fie premisesof others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, an e of any accident, destruction or injury 1. the work na&., materials before Sellers final complaint. and acceptance, complete the work .1 Sellers own expense and to the satis(aUio. of fie Purchaser. When materials and equipment are fumrshcd by ofers fro installation or erection by the Seller, the Seller shall serve, unload, store and handle same at the site and become r.pomible them for . though such materials anNor equipment were being fwvished by the Seller Oder the ardor. 18. INSURANCE. The Seller shall, at his own aPense, provide for the payment of workers compemar. car. including acommu cal disease families, to its employees employed on or in estimation with the work covered by this purchase order, mdor on their defendants in accordance with the laws of the state in which the work is or be, done The Seller shall also carry comprehensive gene.] liability including, but not limited to, contractual and automobile public habiliry im,umnce with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any conaccident and property damage limit per aaides nt of 5400,000. The Seller shall likewise spire Ins tractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such certificates shall specify the data when such ompen,ation and insurance have been provided. Such certificates shall spalfy the date when such compensation and insurance expires. The Seller out that such compensation and insurance shall be maintained until after the entire work is completed and accapred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hncby ass. the entire resposdolity and liability for any and all damage, loss or injury of my kind r namre whatsoever to prmns or property causal by or resulting from fie execution ofthe work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnser and any r sal of the Purchaser, officers, agents and employees from 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 no put or subject by reason of any act, action, neglect, omission or defrult on the pan of the Seller, any of his contractors, or any of the Sellers or contracors officers, agents or employees. In case any suit or office proceedings shall be brought against fie Purchasm or its officers, .,an. or employees at any rime oa account or by reason of any act, action, neglect, omission or default of the Sellar of my rf his contractors or any of its or their officers, agents or employees as aforesaid, fie Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and ell toss, charges, manneys fees and ofar expenses, any and all judgments that may be, incurred by or obtained agaimt the Purchaser or any of is or their ofbcers, agars or employees in such cute, or other proceedings, atq in case judgment or other dim be placed upon or obtained agaimt the property of We purchaser, or said partica in or a a resWt ofsuch sites or other Proceedings, the Seller will at once cause the same to be dissolved and disehmged by gning bo,d or chancre. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, Ne Occupational Safety and Health Act of 1970 and all cola and regulations issued pursuant fcrem. Revised 03/2010