HomeMy WebLinkAbout535722 CRITICAL FACILITIES TECHNOLOGY - PURCHASE ORDER - 9141832Fort Collins
PURCHASE ORDER
Date: 04/01/2014
Vendor: 535722
CRITICAL FACILITIES TECHNOLOGY
6380 W 54TH AVE SUITE 100
ARVADA CO 80002
PO Number Page
9141832 101`2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 03/31/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
DC Capacitor Replacement 1 LOT LS 6,559.11
per Quote 1-2177J713/2
reference quote date 3/14/14
from josiah Trowbridge
- one complete DC capacitor
replacement - $2,019.00
- CALU 400V 88000F
20% - $282.50 (16) = $4,520.00
- Freight - $20.11
Contact: Mary Moore - 970-221-6743
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
11
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 stmutethe City of Fort Collins is exempt from stamenl locnl taxes. Our Exemption Number u
ILNONWAIVER.
984.502. Federal Excise Tax Exemption Certificate of Registry 84-(4)0058) is registered with the Collector of
Failure of the Purchaser to imut upon strict palmsouvtt of the tams not mtWitions hemof, failure or delay to
trimmed R acrom, Denver, Cultivator (Ref. Calendar Revised Sumtes 1973, Chapter 39-26.114 p),
exercise any rights or remedies prmidd herein or by law, failure to promptly notify the Seller in the event of a
breach, the accepmrme ofor prymmt far goods hereunder or a,procal ofNe design, shall or release the Seller of
Goods Rejead. GOODS REJECTED due to failure ,a most specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase under and shall not he deemed a waiver of any right of the
damage in must, may be retorted to you for credit and are not to be replaced except upon receipt of written
Purchaser no insist upon strict performance hemofar any of its rights or remedies as many such goods, regardless
instructions from the City of Fart Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryorted
Orel mdifcation or mscission of this purchase order by the Pardoner operate as a waiver of any of the mans
Inspection. GOODS am subject to the City of Port Collins inspection on arrival.
Facet..
Final Acceptance Receipt of the merchandise, erne r equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins, However, it is to be underaud that FINAL
Seller and the Pumhurer recognize than in -text m omit prmOce, overcharges resulting from summit
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
riolmians art in fact home by the Purchsser. Therebfore, for good cause ad as mnsidecomm far executing this
purchase order, Ne Seller hereby assigns to the Pamhmer any and all claims it may now have or hereafter
Freight Ter.. Shipments must be F.O.B., City of Fan Collins, IN Wood St, Fort Collins, CO 80522. unless
acquired under federal or sum antiuua laws for such ovecharges redoing to the Particular good or services
otherwise specified on this order. If permission is Risen to prepay firagla and charge separately, the mi, innl freight
mmEmmd ve acquired by the Purchaser parsoaat m this purchase order.
bill most mcomunv invoice. Additional clurees for packing will not W accented
Shipment Durance. Where ..at.,. have distribming pain. in carious parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from grouter distance.
Permits. Seller shall promre at sellers sole cost all necessary permits, anifiates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, terrirry in political mbdivom. where
the work is performed, or required by any other duly constituted public authority havingjuridiction over the work
Of vendor. Shccr further agrees to hold the City of ran Collins harmless from and against ell liability and Ins.
secured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties m this contract agree that the representatives are, in fact, bona tide and possess full and
complete authority to bind said parties.
LIMITATION OF Ti This Paid sse Order expressly limits acceptanu to the terms and conditions muted
herein set forth and any supplementary or additional morns ad conditions amexed herein or incorporated begin by
m ereme. Any addhorul or diRcom terms it cmdddioa proposed by seller are obtained to and heceby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted Time is of the essence Deimsy and pert ance most be effected within the time
sate oa the purchase order mad the documents .,ached herein. No acts of the Purehuers including, without
limitation, acceptance of partial late deliveries, shall made as a waiver of this provision. In the event ofery delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a reach of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts ofGud, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchsser within five (5) days of the
time when the Seller Rrsr received knowledge therm[ In the as'enr of any such delay, the dam of delivery shall be
extended for the period ryas[ m the time acNally lost by reason of the delay.
3. WARRANTY.
The Sella warmax that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other d«riptiorrs given, will be fit for the purposes imeMd, sal
Fathomed with the highest degree of art and constituents, in accordmce with assou s d standards for work of a
mile utare. The Seller agrees m hold the pmchazer harmless from any loss, damage or ea,. which den
Puahmsa may suffer or meat a account of the Sellers breach of wamnry. The Seller shall replace, repair or make
good, without cost to the puchateq any detects or faults arising within one (1) your err within such longer peril of
time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not m be pure ecombly delayed), resulting form imperfect
or defective work done or materials famished by the Seller. Acceptance or see of goods by the Purchaser shall not
institute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrmles
or gamnmes, 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 Purchaser may make changes to legal rams by written change order.
5. CHANGES IN COMMERCIA , TERMS.
The Purchasce may make any changes m the, secret, Other than legal terms, including ndditioa to at deletion rut
the quantities originally oNeml in the specifications or drawings, by xedvl or wrium change order. If my such
change affects the amount due or the time ofperfatrance hereunder, an equitable adjustment shall be fade.
6. TERMINATIONS.
The Purchaser may in my time by accident change order, mmiam this agreement m to any or all ponioa 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 annicipuad proms on the uncompleted
portion of the goods mdAu work, for incidental or consequential damages, and that no such adjustment be made in
favor athe Seller with ra,al to any goods which arc the Sellers standard stock. No such lamination shall relieve
the Purchsser or the Seller ofany of their obligations as to any goods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be mourpred within thirty (30) days rut the date the change or nomination is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereunder shall have bees pmdured sold, delivered and famishd in Sbia
compliance with all applicable laws and regulations to which the goods sofa subject The Seller shall csame and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
ncor, m r ed in agreements of this character are hereby incoryormd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cos. and damages snflered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neilher pan, shall assign, bans@, or convey this order, or any monies due or to become due hereunder without he
prior wdnen comment ofthe other pity.
10. TITLE.
The Seller warrants full, clear ad aamestr ated title to the Fmchuer for all ryuipmem, materials, and it. Initiated
in perfomnce, of Nis agreement. fire and clear of any and all lieu, restrictions, rese 1a es, security interest
encumbrances mad claims o f others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
HIS, Purchaser direcs the Seller an surer nonconforming or defective goods by a date m be agreed upon by the
Puahmer and the Sella, and thc Seller thereafter indicates its nubility or mawlllingoess m comply, the Purchaser
may some the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the perl'omrance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, Othcers and employ. ofsuch parry.
The Seller's contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is paf ca d or caused in be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any dcup, device, material Or protts, covered by letter, patent, tmdcnurk
or copyright, the Seller shall indemnify and nave harmless the Purchaser from any mad all claims for infringement
by reawn of the use of such patawd design, device, material or process in connection with the contmet, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged W pay by remain ofsuch
infringement at my time during the wasecmlon or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to comnimm inlengment and the use of
said ry.i,.,nt or pan is enjoined, the Seller shall, m its own expense end al i. option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially ryoal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bmkmpl, make an assignment for the beneftr of creditors, appoint is
narcierm or Income for my of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitioes of term usd or the interpreafn of the egeemrnt end the rights ofall parties heremukr shall be
romsmued under and gmemed by the laws ofthe State of Colorado, USA.
The following Additional Coditions apply only in cans where the Sella u to perform work hereunder
including the services ofSellers Repreaenmtivds), on the premises of others.
10. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury in One work amber mmerials before Seller's final completion and
ecepmnce, complete the work at Seller's awn expeae and to the souifactlon of the Purchaser. When materials
and equipment arc famished by others for insallation or erection by the Seller, the Seller shall receive, unload,
store and handle same of the site and become responsible therefor as though such materials amisor equipment
were being Famished by the Seller under the arder.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupetioul
disease permits, to its employees employed on Or In connection with the work covered by this purthau order,
snbm to their dependents in accordance with the laws of the lute in which the work D to be done The Sella
shall also carry comprehersive gcncml liability Including but not limited to, con.mnal and automobile public
liability imumnce with ba ily injury and turd limits of at mast Suicidal for any one pesos $500,00o for any
one aceldent and property damage limit per accident of S400,000. The Seller dull likewise require his
ontracmrs, Hany, to provide for such compensation and mommucc. Before my of the Sellers or his conoractmax
employees shall do any work upon the premues orathers, the Seller shall famish the Purchaser with a catificam
that such compensation and insurance have been provided. Such ceni0ca es shall specify the date when such
compensation and inaumnce have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained out after the
entire work is completed and 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 mature whatsoever to persons or progeny caused by or resulting rut the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold hamless the Purchaser and any
a all of the Purchnsers of iccrs, agents and employees from and against any and all clairm, jusece. damages,
charges or expenses, whether direct m induct, and whether b persons Or property to which the Purchaser may
be put or subject by reason of any eel, ration, realist, omission in default on to, poor ofNe Seller, my of his
conmuco., or my of the Sallm or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees in any lime on scmmt or
by reason of any act, action, mRim, omission or default of the Sella of any of his correctors or any of I. or
Neu officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, in pay any and all casts, charges, incorrect fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all sex ety precautions, furnish and ivall all guard necessary for the prevention of
accidare, comply with all laws and regulations with regard to satiny including, but without limitation, the
Occupational Safety and Health Act of 1970 and all sales and regulations issued pursrant thereto.
Revised OM010