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HomeMy WebLinkAbout535722 CRITICAL FACILITIES TECHNOLOGY - PURCHASE ORDER - 9141833PO PURCHASE ORDER 914183er Page �'.Ity of PURCHASE 9141833 t of z F6r} Collins This number must appear 1�—.J`-' ` ` on all invoices, packing sli s and labels. Date: 04/01/2014 Vendor: 535722 Ship To: POLICE DEPARTMENT CRITICAL FACILITIES TECHNOLOGY POLICE SERVICES 6380 W 54TH AVE SUITE 100 2221 SOUTH TIMBERLINE ROAD ARVADA CO 80002 FORT COLLINS CO 80525 Delivery Date: 03/31/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Battery Replacement Service 1 LOT LS 42,557.08 per Quote 1-2177J6L/2 reference quote date 3/14/14 from Josiah Trowbridge - new battery (120) $304.00 = $36,480.00 - install per battery $34.99 (120) = $4,198.80 - disposal of old (120) $7.00 = $840.00 - freight - $1,038.28 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 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 statute the City of Too Collins is exempt form state and local coxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Interval Rnuame, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 p.L Good Rejected. GOODS REJECTED due to failure ro men apecifcations, either when shipped or due to defects of damage in Smash may be reused to you for credit coral are not to be replaced except upon receipt of window insWetions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on annual. Final Acceptance. Receipt of the merchandise, services or equipment in rtsponse to this order wit result in authorized payment on the Fan of the Cityof Fort Collins. However, it is c be understood that FINAL ACCEPTANCE is dependent upon completion ofa11 applicable obtained inspection procedures. Freight Tenor. Shipments must be F.O.B., City of Fort Collins, IOo Wood St, Far Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, Ne original freight bit l most accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing point in van us pans ol'the country, shipment is expelled from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grower comma. Permits. Seller shall procure at sellers sale cost all mcessary permits, certificates and licenses raquieed by all applicable lawn, regulation, ordinances and rules of fe state, municipality, territory or political subdivision where the work is performed, or required by any Other duly consomted public authority havingjurisdiinter over the work Of vendor. Seller further agrees to hold the City of Fan Collins harmless form and against all liability and loss inammed by them by reason of an asserted or established violation of any such Inws, regulations, ordinances, talcs and requirements. Aufovation. All panes to this contract agree that the representatives am, in fact at fide and possess full and complete authority to bird said panics. LIMITATION OF TERMS, Thu Purchase Order expressly limits acceptance to the arms and conditions sued herein set both and any supplementary or additional terms and condilime, Stressed hemo m incorporated herein by reverence. Any additional or different terms and conditions proposed by seller are Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as owed. Time is of the essence. Delivery, and performance most be a fec4d within the time sound an fie purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptant affected late deliveries, shall operwe as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and notable ranedics, the option ofplacing this order elsewhere and holding He Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to counts not reasonably foreseeable which me beyond its reasonable control and without its fault Of negligence, such acts Of God, acts of civil or military authorities, govemmenml priorities, fees, stakes, ❑ood, epidemics, wars Or hots provided that notice of the conditions causing such delay is given to fe Purchaser within five (5) days of fie time when the Seller fast received knowledge thermf In the event of my such delay, th<date of delivery stall M extended for the parad equal to the time aitually, lost by reason of the delay. 3. WARRANTY. The Seller wamnm that all gam, wtieles, mammals and work covered by this other, will conform with applicable drawings, specificaime, samples and/or other dncnprions given, will be ❑t for the purposes intended, and performed with the highest degree of more and competence in accordance with accepted standard for work of a imilar nature. The Seller agrees m hold the procaman harmless form my loss, damage or expend which he aser purchmay suffer m incur on account of the Sellers breach of wadanty. The Seller shall replace, repair or make good, without costar the purchaser, any defects or faults arising within one (1) year of within such longer Period of time as may be prescribed by law or by the coma afany applicable warranty prodded by the Seller after the date of acceptance of the goods ffmuShed bereaMa (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials funishcd by fie Seller. Acceptance or use of goad by the Punchaser shall not continue a waiver of any claim under this wamnty. Except as otherwise pmvided in this purchase older, the Sellers liability hereunder shall extend to all damage porwerma ly caused by the breach of any of the foregoing wernow es or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purhaser may make changes in legal terms by wrirm change mode. 5. CHANGES IN COMMERCIAL TERMS. The Purdaser cony make any changes ra the menu, ofer fan legal cams, including addition to or deletions firam the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change a@as the amount due or the nose cf,afunnance hereunder. as enable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all portions of the goods than act shipped, subject in any equitable adjustment bacc m the parties as to any work or aatmals fen in progress provided that the Purchaser shall trot at liable for my claims for anticipated prefix on the uncompleted Poison of fie good rual work, for incidmlal or consequential damages, and that no such adjuttmeal be nude in favor of the Seller with respect to any good which are the Sellers standard stack. No such two iwtow shall chase the Prothaver or the Sella of any of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (30) days form the date the change or mmiretion is arderM 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such document as may be required w effect or eviderme compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or airway this order, or any monies due or N become due hereunder without the prior wrim. consent of the ofer parry. 10. TITLE. The Sella warrants full, clew and unrestricted title in the purchaser for all equipment matenah, and items brushed in 'fifirromenfire of this agreement free and clear of any and all liens, mdictions, rexrmonfis, wounty interest mvwdma wa and claims oFactors. ILNONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hemor, failure or delay to ammise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acespance of or payment for goods hereunder or approval ofthe design, shall not relerve the Seller of any of the watsanties or abligatiotu of this purchase order and shall trot be domed a waiver of any right of the purehasee to insist upon strict performance here rfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subscqumt default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opmate as a waiver of any of the mom hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pum4ser maximum that in actual monomic practice, overeborges resulting fiom whitrnst violations me in fact home by the Purchase. Ther. aofore, for good cause and ss consideration for executing this purchase order, the Seller hereby assigns to the Porcluur any and ail claims it may now have or hereafter acquired under federal or mile common laws for such overcharges retailing m the particular good or services purchased ar acquired by the Purchase pursuant Ira Nis purchase ardor. 13. PURCI IASERS PERFORMANCE Or SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming Or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller Jennifer indicates it inability Or unwillingness to comply, fe Furelown may cause One work an be performed by the most expeditious means available to it, and the Seller shall pay all mats associated with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability raid claims of any worm resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry releasN and shall extend m the directors, offeers and employees ofsuch party. The Sellers commercial obligations, including wamanty, shall trot be deemed to IN reduced, in any way, because such work is performed or couxd 1m be performed by the Ptuchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, material or .as a venal by teller, pwmt mdemark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims fir infdngemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fen any cost, expense or damage which it may be obliged to pay by reawn of such inGngement at any time climate the prosecution or after the completion of the weak. In row said equipment ar any pat therm( or fie crowded use of the goods, is in such suit held to mnstitu4 infringement and the use of said equipment or pan is enjoined, the Sella dull, at its owe expersse end at its option, either procure for the Fncbwer the right to continue using said equipment or pares, replace fie same with substantially equal but noninGnngiag equipment, or modify it so it becomes mminfnnging. I S. INSOLVENCY. If the Seller shall became insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a noterver or .,a, for any of the Sellers property or business, this order may forthwith be canceled by fie Purchaserswithout liability. 16. GOVERNING LAW. The definitions oftenns used or the interyreation of the agreement and the right of all parties hereunder shall be compared under and governed by the laws ofthe Sale ofColomda, USA. The following Additional Conditions apply only in trusts where the Seller is to perform work hereunder, including fe services Of Sellers Reprewntotive(sh on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk =it the same 6 fully completed and accepted, and shall. in case of any acculi nk destruction or injury to the work and/or trmenals bef Sellers fret complaint coal acceptance, complete the work at Sellers awn expense and to fie sworecon of the Purchaser. When materials and equipment are famished by others for installation or maxion by the Seller, the Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the oiler. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to it employces employed on or in everwaian with the work covered by this purchase under, ana/m to their dependents in accordance with fie laws of fe sale in which the work is to be done The Sella shall also carry comprehensive general liability including, but not limited re, competual and automobile public liability insurance with Priddy injury and death limits of rat lead $300,a10 for any one person, SSW,IXq for any e accident and property, damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of fie Sellers a his conaxton employees shall do my work upon the premises of covers, the Seller shall famish the Purchaser with a c ni0cam that such compensation and insurance have ban provided. Such ratincem, shut specify fie date whim such ompnsation and insurance have been provided Such certificates shall specify the date ohm such compensation and insurance exports. The Sella agrees that such compensation and insurance shall be maiomived ntil after she entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assam v, fie entire responsibility and liability far any and all damage, loss or injury of any kind r name, whatsoever to persons or property caused by or resulting form the exantion of fie work provided for in this purchase order or in competon herewith. The Seller will indemnify and hold Interviews fie Purchaser and any r all of the Pumhmcm officers, agents aid employees from and against my and all claims, Ivsses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reawn of any act action, region, omission or default on the part of the Sella, my of his contractors, or my of the Sellers or contractors olfrcas, agents or employees. In casse my suit or other proceNings shall be bought against the Purchases, or its officers, agent or employms at any time m account or by reason of any act, union, neglect, omission or default of the Seller of any of his contractors Or any of is or their officers agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to defend the same at the Sellers own expense, N pay any and all casts, charges, atmmays has and other expenses. my and all judgments that may be incurred by or obtained against the Purchaser or my of its m their officers, agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or obtaived against fie properly ofthe Puncheon, or said patios in or as a come ofsuch suits or other proceedings, the Sella will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his companies shall take all safety precautions, Finnish and install all guard necessary for the pm'ention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued punumuhemo. Revised 03,2010