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HomeMy WebLinkAbout535722 CRITICAL FACILITIES TECHNOLOGY LLC - PURCHASE ORDER - 9141918PO PURCHASE ORDER 914191 Number Page CI�/ of PURCHASE 9141918 t of 2 ' `t Collins ins This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 04/04/2014 Vendor: 535722 CRITICAL FACILITIES TECHNOLOGY LLC 6380 W 54TH AVE SUITE 100 ARVADA CO 80002 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 04/04/2014 Buver: DOUG CLAPP Note Line Description Quantity UOM Unit Price Extended Ordered Price UPS Maintenance Contract 1 LOT LS 9,523.00 3-12-2014thru 3-11-2015 ref. quote dated 3/11/14 1-year advantage Ultra Service Plan - $ 6,327.00 1-year 'HR 7x24 Response Upgrade - $1,456.00 120- Battery Maintenance Visist - per battery (qty of 120 provides Semi -Annual Bat. Maintenance visits) - $14.50 = $1,740.00 Total maintenance contract = $9,523.00 contact: Mary Moore ph# 970-221-6743 ilir:'I4 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 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excise To. Exemption Cerrificme of Registry 84.60W 58l is registered with the Collator of Failure of the Purchaser to insist upon strict performance of the firms end conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exemise any rights or remedies provided herein or by law, failore to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods bereuner or approval of oo deign, shall not reforms the Sella of Goods Rejected. GOODS REJECTED due to failure no meet specifications, citha when shipped or due to defects of any of the warranties or obligations of this purchase order road shall not be deemed a waiver of any right of the damage in transit, may be reNmed to You for credit road are not to be replaced except upon receipt of wdnen pumhauno insist upon sound perf ion. bereofrr any of its rights or mncdics as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, ear shall any purported real modification or monsoon of this purchase order by the Pu¢bsser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collin inspection on arrival. hereof. Final Acceptance. Receipt of the memhandiu, services, or equipment in response to this order can result in T. ASSIGNMENT OF ANTITRUST CLAIMS. modern ead payment on me pan of He City of Fan Collins. However, it is to he understood that FINAL Seller and the Purchaser rmogn¢e that in mural economic practice, overcharge resulting form antitrust ACCEPTANCE is do andal upon completion of all applicable required inspection procedures. violations roe in fact home by me Purchaser. Thermforefor good cause road m consideration for executing this purchase oiler, me Seger hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments most the F.OB., City of Fan Collins, 700 Woad St., Pon Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharge relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by me Purchaser pursuant to mis purchase Order. bill most accompany invoice. Additional charges for packing will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers love distributing Pr ins in various parts of the country, shipment is Ifine Purchaser discs me Seller to coned aovconfarmivg or defective goods by a&te to be agreed upon by me expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Producer and me Sella, and the Sella thereafter indicates is inability or unwillingnessto comply, the Purchaser shipments are made fmm greater distance. easy case me weak m n pert d by me most expeditious nears available to it, and the Sella shall Pay all cuss ammimn win such work. Permits. Seller shall procure at sellers sole cost all necessary pariahs, afficates and licenes required by all applicable laws, regulations, ordinanar oral roles of me state, municipality, nemtory or political subdivision where The Sella shall release me Purchaser and is rovdxm. of any we form all liability road chins of any nature the work is pert ed, or required by any other duly constituted public authority having jurisdiction over me work resulting fmm the perf anna en, ofsuch work. of vendor. Seller further agree to hold me City of Fan Collin homeless fmm and against all liability and loss incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, roles This release shall apply even in me ,at of fault of negligence of the Percy released rota shall extend to Ne ands minanons. dimeavrs, olRcers and emphyas of such pang. Aumonvaoion. All parties m this contract agree That the arc, in fact, bow fide and possess full an The Sellers conuactued obligations, including warranty, shall rent be dtmd to be reduced, in any way, because complete authority to bind said patties. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order apmssly limits acceptance to the rams and conditions surd herein set Earth and any supplementary or additional now and conditions romosed below or incorporated herein by reference. Any additional or dilTerem terms and exddion proposed by seller ere objected to and hereby rejatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arrive on your promised delivery date as noted Time is of the esmem e. Delivery and afi nmmce must be effected within the time stated on the pumhau order and the documrns awched hercm. No act, of the Purcbosers including without limitation, acceptance of partial late deliveries, shall operate a a waiver of this provision. In 'he event of any delay, the Purchaser shall have, in addition to other legal and equitable mnmdia, the option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall not n liable for damages u a result of delays due to causes not reasonably foreseeable which are beyond its rcnsowble control and without is fault Of negligence, such acts of God, act, of civil or military amhomies, governmental priorities, fires, strikes, Bond, epidemics, wan or may provided then notice of the conditions caning such delay is given to the Purchaser 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 morally last by reason of The delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anitor other description given, will be lit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which 'he Purchaser may suffer or incur On account of the Sellers breach of warranty. no Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law Or by the terms Of any applicable warranty provided by the Seller shame date of acceptance of me goads furnished hereunder (acceptance not to Is, unwasowbly delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or we of goods by the Purchaser shall or Coconuts a waiver Of any claim under this warranty. Except as otherwise provided in this purchase Oder, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wemamin or guarantees, but such liability shall in no event include loss ofprofios 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 haw by written change order 5. CHANGES IN COMMERCIAL TERMS. The Parchwer may make any changes to the terms. other man legal scones, including additions to or deletion from to quantities originally ordered in the spei0cariau or drawings, by venial or wrinen change odor. If any such change aphelia the amount due or the time ofpafrrmance hereunder, an quimble djwtment shall be made. 6. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods meta not shipped, subject rr any equitable adjustment lam. the Farm, as so any work or matmals then in progress provided that me Purchaser shall cat Ix, liable for any claims for anticipated proms an me uncompleted Portion of the good mi work, far incidental or couquential damages, and than m such edjutmmt be made in favor of me Sella with respect to my goods which art me Sellers stamlad stack. No such termination shall reline me purchaser m the Seller ofany of their obligation as an any goad delivered Mreuner. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be examed within rainy (30) days from the dam the change or termination is ordered 8. COMPLIANCE WITH LAW, The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered anted furnished in mrid compliance with all applicable laws and regulation to which the goods me subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliame. All laws ad regulation common to be interactional in agreement of this character are Justify incorporated herein by this referent. The Sella agree to indemnify and hold Ne Pumhner hmn d. fmm all at and damage mlTetid by the Purchaser as a result of me Sellers failure an comply with such Ww. 9. ASSIGNMENT. Neither puny shall assign moufev or convey this older, or any monies due or to became due hereunder wimom the prior wrivar consent of me other party. 10. TITLE. The Seller warrens full, clear and uroestriaed tide to me Purchaser far.11 ouipmont. materials, and items famished in pinformmce of this agreement, fro and clear of any and all lien, r,dctiona, reservations, security interest encumbrances and claims of orders. 14. PATENTS. Wbenmer the Seller is required to we any design, device, neatnial or process covered by floor, patent, bademmk or copyright, the Seller shall indemnify and save harmless the Pardoner form any and all claims for infringermad by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumbaser for any cost, expense or damage which it may be obliged m pay by noon of such infringement at any time during the prosecution or after the completion of the work. In cue said equipment, or any pan thereof or me intended use of me goods, is In such suit held Io crntimte management and the we of said quipmenr or Pan is enjoined, the Seller shall, at is own expense and at its option, either procure for me Purchaser the right to continue mark said equipment or pans, replace the same with substantially equal bun noninfrnging quip m nt, or modify it so it become noninlHnging. 15. INSOLVENCY. If the Seller shall become insolvent or mnkmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this alder may forthwith be canceled by the Pumhner without liability. I6. GOVERNING LAW. The definition oftenms used or the interpolation of me agreement and the rights of all ponies hereunder shall be consorted undo and governed by the laws of me Suite of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Represenutive(s), m the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work surfer materials before Sellers final completion and acceptance, complete the work at Sellers own expense road to the satisfaction of the Purchmer. When materials and equipment arc f ished by others for installation or erection by do Seller, the Seller shall receive, unload, score and handle same at the sin and become responsible therefor as though such materials anrVor equipment were being famished by the Seller muter the order. IS. INSURANCE. The Seller shall, or his own expense, provide for the payment of workers compewvtlon, including occup tiowl disease benefits, to is employees employed on or in connection with no work owaed by this purchase order, and/or to their depenens in accordance with the laws Of the state in which me work is to be done. The Sella shall also eery compirchencive general liability including, but not finned to, contmctwl and automobile public liability insurance with bodily injury and dram limits of at least $300,0e0 for any one person, 9500,030 for my one accident and property damage limit pa accident of S400,000. The Seller shall likewise rquine his examcmrs, Wool, to provide for such wmpenatiou and insurance. Before my of the Sellers or his contractors employees shall dO any work mms me premise of others, me Sella shall f ish the Purehaser with a certificate that such compensation and mosursence have been provided. Such certificates shot] specify the dare when such compereadon and insurance have been provided. Such cenifiwtes shall specify the date when such compensation and insumnce expires. The Sella agrees chat such compensation and insurance shall be rwinea vat ..,it after the entire walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the ref sesponsibility rand liability fin any W all damage, loss or injury afmy kind r rature whatsoever to person or property, eausd by or resulting fmm the execution of doe work provided for in mis parchue order in in correction herewith. The Sella will indemnify and hold harmless the Purchaser and any or ell of me Purchasers officers, agent and employees firm and against any and all claims, home, damage. charge or indicates, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason of my rat, mtiov, rogues, omission or default on do prat of the Sella, my of his contractors, or my of to Sellers or con ramors olEcers, agents or employees. In case my suit or other proceedings shall be brought agrees the Purchaser, or is officers, agents or employees at my time on account or by sawn of my act saris., neglect omission or default of me Sella of any of his comoo ms, or my of is or their iviliars, agent or employees as aforesaid, the Sella hereby agree to assume Ne &ft. thereof and to defend He same at the Sellers own expense, to pay any and it cacti, charges, mammy, fees and order expenses, any and all judgments that may be wourn by or obtained .,aisn me Purchaser or any of is or fair aMe., agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or obtained against the property of the Purchaser, or said parties in or as is umd, of such .its or other prop dings, the Sealer will at once come the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precaution, famish and stall all goad necessary for the pmantim of accidens, comply with all laws and regulations wit regard to safety including, but without foliation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant marine. Revised Wallin