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HomeMy WebLinkAbout513344 ATHENA ADVANCED NETWORKS - PURCHASE ORDER - 9141651Fort Collins Date: 03/20/2014 PURCHASE ORDER Vendor: 513344 ATHENA ADVANCED NETWORKS 4497 BROWNRIDGE TERRACE SUITE 107 MEDFORD OR 97504 PO Number Page 9141651 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: 03/1812014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price MONITORING SERVICES RENEWAL 1 LOT LS 26,100.00 FCPS TIBURON CAD/RMS - for City of Fort Collins Police Services (FCPS) Term: May 6, 2014 thru May 5, 2015 System Monitoring & Support Fee: $2,175 per month (unchanged)per Athena Advance Networks Renewal Letter dated February 28,2014. Terms and Conditions per City of Fort Collins Professional Services Agreement (Misc.)effective May 6, 2013, Total $26.100.00 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 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 Fort Collin is exempt from ante and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failum of the Purchaser to insist upon strict performance of me tames and condition hacof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). excmiw any rights or remedies provided herein or by law, failure to promptly notify the Seller his rise event of a breach, the acceptance cifor .Man fur goods haensder or appuval of the design, shall but release the Sella of Good Rejected. GOODS REJECTED due an failure to meet s,ecifwfion, either when shipped or due to deg ts of any of the wamantim in obligation of Nis purchase order and shall not he demmed a waiver of any right of the damage in writ, may be retuned to you for credit and ere not to he replaced except upon receipt of women Purchaser to imiat upon shirt performance hacof., any of its rights ar tanedies as to any such goods, regardless inwctions from the City of To" Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, mwr shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fun Collin inspection on arlval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mspmsse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aumorzed payment on the pan of tha City of Fort Collins. However, it is to he andernood Nat FMAL Sella and the Purchaser recogjac that in actnl mommic Practice, ewerchvges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violation are in fact home by the Purchaser. Theraofore, for good cause and as consideration for executing this - purchase oNer, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Tame. Shipments must be F.O.B., City of Fair Collin, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sure contrast laws for such overcharges relating to the pmicula good or services otherwise specified on this order. If permission is given to preps, freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase order. hit must acmmmnv invoice. Additional chages for makinu will not be accented. Shipment Distance. Where atanufectuaws have distributing panics in varion pans of me country, shipment is exp:aed from rise nearest distribution point in destination, and excess freight will be deducted from Invoice when shipments age made from Beater distance. Permits. Seiler shall procure at sellers sole cost all neceswry famous, ecni0mtes and licenses required by all applicable laws, regulation, ordinances and mles of me state, municipality, ternary or political subdivision where me work is perfumed, or nurtured by any other duly constituted public authonry having jurisdiction over the work of variant. Seller father agrees to hold Ne City of Too Collin hornless from and against all liability am loss incurred by them by reason of an assured or established violation of any such laws, regulation, ordirmax, roles .it "airmncnts. Authomvation. All panics to this contract agree Nat the representatives are, in No, born fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase ONer expressly limits accepmmee to the terms and conditions stated herein set forth and any supplementary or additional ¢tun and condition annexed hereto or incorporated herein by reference. Any additional a different terms and condition proposed by seller arc objected to aM hereby rejcmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT tmmcdiately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eRected within he time stated on the purchase order and the documents attached hereto. No is of the Purchasers including, without limitation, acceptance of pamial late delivaes, shall operate as a waiver of this provision. In the event of any delay, me Purchaser, shall have, in addition to one, legal and equitable remedie, the option ofpl.ci., this order elsewfarm and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a mcsult of delays due to causes act reasonably foreseeable which are beyond its axamessible mntml and without its fault of negligence, such acts of God, arts ofeivil or military authorities, governmental priorities, fims, strikes, Band, epidemics, wars an rots provided that notice of the condition caning such delay is given to me purchaser within five (5) days of me 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 actually lost by mason of me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this orda will conform wiN applicable drawings, specification, samples madfo omer description 8ivea will he tat for the uppercuts intended, and perfoart with the highest degree of came ard amperage in accordance with accepted standards f wrod of a 'collar .,are The Sella agrees to hold the purchase, harmless from any loss, damage or expense which me Pushwer may suffer or program account ofine Sellers branch of warranty. The Seller shall replace, repair or make good, without cast to the purchnw, any defects or faults axing within one (1) year or within such longer period of time as may b, prescribed by law or by Ne terms army applicable wawnty Provided by the Seller after the date of acceptance of the good furnished hereunder (asequace not to be, unreasonably delayed), resulting from imperfaca or de@cure wod done or mmaals f ished by drc Sella. Aces ponce or use of goods by me Purchaser shot not oistiNte a waiver of any claim under this warmay. Except as otherwise provided in this purchase under, me Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of me foregoing warmnties or guuumaces, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by wrmen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the new, other than legal terns, including addition no or deletion from the quantities originally ordered in the specification or drawings, by verbal or wdnen change order. If any such change aRects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a1 any date by waimen change a 1s. ..,.are this agrmnent ss a any or all ponion of the good then not shipped subject to any equitable adjommrnt baveen the parties as to any work or matcnals hen in Progress provided that the Purchaser shall cot be liable for any claims for anticipated points on the uncompleted portion of the goad and/or work, for incidental or consequential damages, and that m such adjustment he made in favor of the Seller with respect to any good which art fire Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he maned within min, (30) days from flat date the change or nomination is mdnal 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, said, delivered and famished in sure, compliance with all applicable laws and agulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation mluirM to be incorporated or agreements of his chaacta are hereby incor,areted berein by this reference. The Sella agrees to indemnify and hold the Ruchaser harmless from all con and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of me other parry. 10. TITLE. The Sella waraa , full, clear and umesuicted ride to the purchaza for all equipment, mammals, arad items famished I. perfomare . of this agreement face and clear of any mad all liens, mtrictima, mesenaimos, ucr ng, interest encumbrancer and claims afothen, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase, disects the Sella to comet nommnfmming or defective good by a date to be agreed upon by the Purchaser and the Sella, and der Sella mereaBer indicates its inability a unwillingness to Co.,],. me purchaser may cause me work to be performed by rise most expedition aaevss available in it, and me Sella shall ay all cam assoclmed win sash wad. The Seller shall release the Purchaser and its conranors of any tier gains all liability and claims of any nature rauldng from the performance of such work. This release shall apply even in me event of fault of negligence of rise parry relessN aM shall extend to the directors, officers aM employees orsuch parry. The Settees contractual obligation, including wamnty, shall not be deemed to be reduced, in any way, because such works, is performed or caused to be performed by me Purchaser. 14. PATENTS. Wheneva me Seller is acquired in use any design, device, material or process covered by letter, patens wdeated or copyright, me Seller shall indemnify and save harmless the Purchaser from any and all claims for Infringement by reran of me use of such pmrnaN design, device, maraud a process at conmrian with the comart, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by.. of such inGngment at any time during the poc aution or after me completion of me wed. In caw said yuipmert, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either province for the Purchaser the right to continue ping said equipment! or pans, replace the same with substentimly equal but noninfringing equipment, o modify it so it becomes namafdnging. 15, INSOLVENCY. If Ne Seller shall become insolvent or bankrupt, make an aasighaval for the bamft of creditor, appoint is receiver or tmsue for any of the Sellers property or business, this aner may forthwith be canceled by the Purchner without liability. 16. GOVERNING LAW. The definitioas of tern used or rise interpretation ofine agreement aM the rights ofall parties hereunder shall be unwed under anal governed by the laws of the Share of Cogordo, USA. The following Additional Condition apply only in causes where der Sella is m perform work hercwder, including the satires of Sellers Reprewnntive(s), on Ne pramues ofoners. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellars own risk wtil the same is fully, completed and accepted, and shall, in raze of any accident, deswcdon or injury to the work aoNor materials before Seller's final completion and acceptance, complete the weak at Sellars own expense and to the satisfardon of the Purchaser. When avtttials and equipment are famished by others for installation a erection by the Sella, fair Sella shall receive, unload, start and handle same a, the case and become reaponible haeror as though such materials surfer equipment were being f ishel by the Seller under me order. I It. INSURANCE. The Seller shall, at his awn experae, provide for Ne payment of waders compenwtion, including moupmimul dacww beaefin, to in employees employed on or in connection with the wod covered by this purchase ont and/or to rev dependents in accordance sigh the laxs of the sure in which the work is 0 be douse. The Sella shall also arty comprehensive general liability including, but not limited to, conmactual and automobile public liability munne-e with hodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of he Sellers or his catamators employees shall do any work upon me premises of others, the Seller shml famish me Purchaser with a certificate that such compensation and romance have bean provided. Such ceaificates shell specify me dam when such compensation and issuance have been pmvidcd. Such eci ifcafes still specify he date when such compensation and immmnce spins. The Sella agates that such compen con and romance shall be, numainal until aria the entire work is completed and imaginal 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire respomibil ity and liability for any and all damage, lass or injury ofany kind or nature wbatsoever to persons or property mused by or resulting from the execution of Our work provided for in this purchase order ar in ronnerumn herewith. The Seller will indemnify end hold harmless the purchases and any r all of me Purchnets officers, agents aM employees fmm and against any and of claims. losses, damagm charges or expenses, whether clear or inuirea, aM whether to person or Positing as, which the Purchaser may be put err subject by rtawn of any act action, neglect, omission or default on me pan of me Sella, any of his contractors, or any of the Sellers or contractors effects, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its oRars, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Sella of any of his contractors or any of its or their .Years, agents or employees as aforcmid, the Sella hereby agrees to assume me defense mead and to defend the same at the Sellers own expense, to pay any until all carts, Wages, ammcys fees aced other expenses. any mad all jodgmrnts that may be mcumd by or obui d against the Parchaur or any of its or their nRcers, agents or employeas in such suits or omer proceedings, and in case judgment or other lien be placed upon or obtained against the property ofine Purchaser, or said parties in or as a result ofsuch suits or other Proceedings, the Sella will in once cause the same to be dissolved and discharged by giving bond or chicane. The Sella and his contractors shall eke all safety precautions, famish and install all Roardx necessary for the prevention of accidents, comply with all laws and regulation with regard to safety racluding, but without limitation, me Occupational Safety and Halm Act of 1970 and all roles and regulation named pursuant tires. Revised 03rzol0