HomeMy WebLinkAbout104849 CITY OF LOVELAND - AR - PURCHASE ORDER - 9142358Fort Collins
Date: 04/29/2014
PURCHASE ORDER
PO Number Page
9142358 tof2
This number must appear
on all invoices, packing
slips and labels.
Vendor: 104849 Ship To: POLICE DEPARTMENT
CITY OF LOVELAND - ACCOUNTS RECEIVABLE POLICE SERVICES
CIVIC CENTER 2221 SOUTH TIMBERLINE ROAD
500 E 3rd ST STE 320 FORT COLLINS CO 80525
LOVELAND CO 80537
Delivery Date: 04/29/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
High Point Range Design exp 1 LOT LS 25,000.00
A'I°.tl��
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
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCULDET'AILS.
Tax exemptions. By scam the City of Fart Collins 6 exempt farm sure and local taws. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Intcmal Revenue, Denver, Colorado (Ref. Colorado Revised Somra 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of corium
instructions from the City of Tom Collins.
Inspection. GOODS face subject to the City of Fort Collins inspection an arrival.
Final Acceptance. Receipt of the merchindix, marronces or equipment in response a this order an result in
authorized payment an the pan of be City of Tom Collins. Howevn, it is to M understood but FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection prescribers.
Freight Temss. Shipments most M F.OM, City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this oMe,. If permission is given 10 prepay IrsigM1t and charge separately, the od9iml freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where ntanufne nrers have distributing Palms in aria counue pans of be try, shipment is
shipments
farm the vfromt entrlbmiln point m desrimtion, and exactas freight will be deducted from Invoice when
sbipmeno are made from greater distance.
Permits. Seiler shall procure ar sellers sole cast all necessary permils, condition end locations acquired by all
applicable laws, regulat ors, ordinances and rules of the sure, municipality, territory or political subdivision where
be work is performed, or required by any other only emotional public authority havingjurisdimion over be wort:
of vendor. Seller forth, agrees to hold thc City of Tom Collins harmless from and agairm all liability and loss
incurred by them by reason of an warned or established violation of any such laws, regularicas, ordinances, rules
and trquirem..P,
Authorization. All parties a ,his suntan agree War the representatives art, in fact, bona fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and foramina, scored
herein said forth and any supplementary or additional mans and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller me objected in and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on Your
promised delivery date as ruled. Time e, of the awae. Delivery, and afrourear, must M e@reed within the time
soled on be purchase order and don dammeas attached hereto. No acts of the Purchasers including, without
imitntion, serepoanee of partial late deliveries, shall operate as a waiver arbor provision. in be event army delay,
the Purchaser shall haste, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding be Sell, liable for damages. I Imweveq the Sell, sbull rat be liable for damages as a mull of ddays
due to causes not reasonably foreseeable which eve beyond its reasonable control and without its fault of negligence,
such acts ofGod, acts ofcivil or military authorities, governmental priorities, Ores, strikes, (load, epidemics, wars or
nats provided Beat notice of the conditions causing such delay is given to the Purchaser within five (5) drys arms
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 reason armor delay.
3. WARRANTY.
The Sella w rrrma that all good, aniclm, morials and work covered by this order will confamt with applicable
drawings. specifications, samples and/or offer dscripMns given, will M fit for the purposes intended, and
Performed with the highest degree of core and mmpmenc, in accordance with accepted standard for work of a
similar nacre. The Seller agrees to hold We purthaur harmless from any loss, damage or expense which be
Purchaser may suffer or incur me amount of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to be pumhauq any defects or faults raising within one (I) year or within such longer period of
time an may M prescribed by law or by the terms of any applicable warranty provided by be Seller after the date of
acceptance of the good furnished hereunder (acceptance not a M unreasonably delayed), resulting from imperfect
or defective work done or materials famished by be Seller. Acceptance or use of good by be Purcbaer shall not
constitute a waiver of any claim under this wammty. Except as mhavviu provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of be foregoing sanctions
or grearaters, but such liability shill in no event include loss ofpri or los of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaer may make things, to legal or. by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, offer ban legal semis, including additions to or deletions from
the gmmilies im.,molly ordered in the spedfcntions or drawings, by verbal or written change mMet 11any such
change affews the amount due or the time of performance hereunder, an variable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate Nis agreement as o ow, or all portions of the
good then riot shipped, subject many equitable adjustment beaten the parties as to any work or materials then in
progress provided bm be Purchase, shall not M liable for my claims for anticipated parfils on the uncompleted
,onion of the good and/or work, for incidental or consequential damages, and that an such adjustment he made in
favor of the Seller with respect to any goods which are the Sellers standaN stark No such nomination shall relieve
the Purchaser or be Sella of any offli it abligmiom as to my good delivered lawmakers.
7. CLAIMS FOR ADJUSTMENT.
Any claim for rdjusoment must be assured within thirty (30) days farm the date be change or smiination is
oNered.
8. COMPLIANCE WITH LAW.
The Seller wamMIs bat all goad said Marble, shall lure ban produced, sold, delivered and famished m strict
compliance with all applicable laws and regulations to which be goods ere subject, The Seller shill execwm end
deliver such documents as may he required to effect or evidence compliance. All laws and aegulariom required to be
incorporated in agreements of this character are hereby incorporated herein by bus reference. The Sella agrees to
indemnify wad Mid the Purchaser harmless farm all costs and dmnaga sulfftal by be Porchocr as n result of be
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall termini, namfer, or convey this order, or my monies due or to become due hereunder without be
prior women consent fthe other party.
10. TITLE.
The Seller warrants full, clew and unrestricted tide to be Purchaser for all equipment, materials, and it. famished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest
encumbrances and claims ofothers.
11. N0NWANER.
Failure of the Puchaser of insist upon strict performance of the mars and candidates hereof, failure m delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify be Seller in the event of a
breach, the acceptance of or payment for goods, hereunder or approval ofbe design, shill not release the Seller of
any of the warranties or obligations of this pmchme order and shall not be deemed a waiver crony right of the
purchaser to insist upon strict performance hereofor any of its rights or remedies as oo any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any perfumed
and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser teeognice War in actual nom is pumice, mnrcharga raulim, from mlinnit
violations on, in fact home by We purchaser. Thermofore, for good came, and as consideration for executing this
purchase order, the Sella hereby ox igrs io the Purchaser any and all claims it may now have or hereafter
acquired order federal or state .,a., laws fro such overcharges relating in We particular goods ar services
purchased or acquired by the Puncheon prominuo this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by die
Purchaser and the Seller, and the Seller thereafter indicts its inability or unwillingness to comply, the Purchaser
may cause the work to he performed by be mast expeditious means available to it, and be Seller shall pay all
osts associated with such work.
The Seller shall release the Purches, and its contractors of my tier from all liability and claims of any aware
resulting firm the programme ofsuch work.
This release shall apply even in be event of fault of negligence of i1s, perry released and shall extend to the
di arors, officers and employees of such party.
The Selkls contractual obligations, including warranty, shall not M deemed to M reduced, in very way, because
such work is perbrmed or caused to be performed by the Purchaser,
14. PATENTS.
Whenever be Seller is required to use my design, device, in snal or process covered by ],law patent, trademark
or copyright, the Seller shall indemnify and save Emblems the Purchaser farm my and all claims for infringement
by reason of the use of such panned design, device, material or proms in comeetion with be contract, and
shall indemnify the Purchases far my cost, expense or damage which it may he obliged an pay by reason of such
infringement at my time during be prmaaw0aer or after the mmplerion of the work. In eau said equipment, or
any pan thereof or be intended use of the goods, is in such suit held to condiare infringement and the use of
said equipment or per, is enjoined, the Seller shall, at its own expense and at its option, either procure for We
Interstate the right to continue using said equipment or pans, replay We same with submantially equal but
mempringing equipment, or modify it so it becomes noninfrrnging.
I S. MSOLVENCY.
If be Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a
receiver or amuse for any of the Sellers property or business, this order may forthwith he canceled by the
Pumbour without liability.
16. GOVERNING LAW.
The definitions of arms used or be interpretation iffy, agreement and the rights atoll parties heremder shall M
measured under and governed by be laws of the Same ofColomdo, USA.
The following Additional Carriiri . apply only in taus where be Seller is to perform work hereunder,
including be minim orsene , Rdw w mwrve(s), on the premises afotMs
19. SELLERS RESPONSIBILITY.
The Sell, shall may on said work at Seller own risk wail the same is fully completed and mccpted, and shall,
in se of any accident, davuctimn or injury to be work wmVor maerir s before Seller's final completion and
acceptance, complete the work at Sellers owes expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by be Seller, the Seller shall receive, unload,
store and handle same at be site and become impossible therefa, ex though such materials viNar equipment
were being fumisred by be Sella under be order.
18. INSURANCE.
The Seller shall, at his own expose, provide for the Payment of workers mmpasation, including occupational
disease benefits, to its employees employed on or in connection with be work covered by this purchase older,
and/or in their da mdena in accordance with be laws of the state in which be work is to M done. The Seller
shall also carry comprehensive general liability including, but not limited to, continental and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,0.M for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
ontormme, if any, m provide for such compensmion and insurance, Before my of the Sellers or his contractors
employees shill do any work upon be premises of othem, the Seller shall bmish be Purchaser with a certificate
that such compensation and however have ban provided Such certificates shall specify the data when such
compensation and immanence have ban provided. Such ttnificates shill specify the date when such compensation
and insurance expires. The Seller agrees most such compensvtion and insurance shill M maintained until after be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller herby assumes the entire respoesibiliry and liability far any will all damage, loss of injury army kind
r mare whosoever to persons or primary caused by or resulting from be execution of the work provided for in
this purchise order or in cormcction herewith. The Seller will indemnif, and hold Pandas be Purchaser and my
r all of be Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or Indirar, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employes. In com, any suit or alter,
proceedings shall be brought against be Parchun, or its officers, agents or employees at any time on account or
by fewer of my act, action, neglect, omission or default of be Sella of my of his contractors or any of its or
beG officers, agents or employees as aforesaid, be Sella hereby agrees to assume be defense bracer and or
defend the more at be Sellers own expens, to pay my and all cos, charges, attorneys far and other expenses,
any ford or judgments Oat nay M incumd by or admitted against the Purchaser or any of its of bar officers,
agents re employees in such suits or other praeddid,i, and in Ease judgment or other lien M parted upon or
obtained against Om property of be Purchaser, or said Ranier in or m a result of such suits or other proceedings,
the Seller will at mar wax the same to M dissolved and dixhirgnd by giving Mnd or otherviss. The Seller and
his contractors shall take all safety precautions, famish and mull all guard nocavry for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, be
Occupational Safety and Health Act of 1970 and all rules and regulations issued prsuant b,cto.
Revised 03n010