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HomeMy WebLinkAbout519678 SNAP TRENDS INC - PURCHASE ORDER - 9142754PO PURCHASE ORDER 914275er Page i'117/ of PURCHASE 9142754 1 of z ' `t( olI I ns This number must appear ` v ` �7 on all invoices, packing sli s and labels. Date: 05/15/2014 Vendor: 519678 SNAP TRENDS INC 8601 RANCH RD 2222 BLDG 2 SUITE 150 AUSTIN TX 78730 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 05/15/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Software as a Service Renewal 1 LOT LS per Invoice #1404 5/13/2014 For SnapTrends annual renewal effective 05/31/14. k.'--O , 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 7,500.00 Total 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. COMMERCIALDETAILS. Tax exemptions. By suture the City of Fan Collins is exempt fired, state and loot uxu. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Catifcme of Registry 84-6000587 is registered with the Collector of Imemal Revenue, Denver, Calundo (Ref. Col.& Revised Semra 1973. Chapter 39-26,114 (a). Good Rejected. GOODS REJECTED due to failure to men specifications, either when shipped err due to defects of damage in nancit, may be momad to you for credit and ore not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject,. be City of Fort Collins inspection on adval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Tom Collins, 700 Wood St.. Fact Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various pans of me country, shipment is expected form the Mercer distribution an to deformation, and car. freight will be deducted farm Invoice when shipments arc made finger greater distance. Pmnits. Seller shall procure at sellers sole cost all naasuary permits, certificates and license required by all applicable lases, regulations, connotes and roles of the stale, mwiciWllty, territory err political subdivision where the work is performed, or respond by any other duly constituted public authority havingjuridiction over the work of sealer. Seller further agrees to hold the City of Fan Collins hamless farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, Mies and requirements. Authorization All panics to this contract agree that the representatives are, in f t, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions dotal herein set firth and any supplementary or additional trams and conditions annexed bacto Or incorporated heroin by reference. Any olditimul or diferem terms and mnditions proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as notd. Time is of the essecce. Delivery and performance most IN effaced within the time Muted an the purchase maker and the documents attached herein. No acts of the Purchasers including, without limiation, acceptance of partial late deliveries, shall cpeute as a waiver of this provision. In the event of any delay, its, purchaser shall have, in addidne, b ether legal and equitable remedies, the option of placing this order elxwfierc and Making the Seller liable for damages. However, the Sella shall riot be liable for damages as a result of delays due or causes rest reasonably foreseeable which art beyond its r.blc control ant wi0mm its fault ofiregfgarm, such acts of God acts ofcivil or military authorities, govemmenul priorities, faces, random Bass, epidemirs, warts or rims provided Out notice of the conditions causing such delay is given to the pumbaser within five (5) days of the time when the Sella For received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the periss equal. the nose mtuelly lost by rwson of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, stratifications, samples ani other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar wrote. The Seller agrees to hold the purchaser hamdess from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to no purchaser, any defects or faults arising within one (1) year or within such longer periss of time as may be proscribed by law or by the corms ofmy applicable warsanry provided by the Seller after rise date of acceptance of the goods fmmished hereunder (acceptance not to M unreasonably delayed), mounting fmm imperial err defective work done car mmaiak finished by the Seller. Acceptance or tar of goods by chc Purchaser shall not consrimre is waiver of any claim under this wamnry. Except as oUerwiu provided is Uis purchase order. the Sellers liability hereunder shall extend to all damages proximately mused by die breach of any of the foregoing car srantics or guarantees, but such liability shall in no event include Ines of mofrs or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Forchuer may make changes to legal terms by writhen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. other than legal terms, including additions to or deletions from the iparroame origirally ordered in the specifications or drawings, by venial or written change order. If my such change alficds the amount due or me time of performance hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaer may at any time by wrimen change order, terminate this agreement as m any or all potions of the good then not shipped, subject to my equitable adjustment between the panics as to any work or materials Um in progress provided chat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion affirm good andlor work, for incidental or come,matial damage, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such accouution shall relieve the Purehua or the Sella ofmry ofthev obligations as to any goods deliveed herewder. T CLAIMS FOR ADJUSTMENT. A, claim far adJusbri must be assured within thirty (30) days fmm the data the change or termiamim is arderd. 8. COMPLIANCE WITH LAW. The Seller somenm that all goads sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the grad sec subject. The Seller shall execute and deliver such documents as may be requital to effiat or evidence compliance. All laws and regulations "ititd to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify end hold the Purchases harmless from all costs vad damage, suRered by the Pumhssa as a rout, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, hansfia. or convey this order, or any monies due cam became due hereunder without he Prior written consent ofthe other parry. 10. TITLE. The Sella wartank full, clear and ttmutriered title to the Purchaser far all cgwpmmt, materials, and it. famished in afthourearre of can agmencer, free and clear Of any and all limn, restrictions, resmatims, security interest cncumbmnces and claims of ohem 11. NONWAIVER. Failure of Ore Purchaser to insist upon stint perfles a of the temts and conditions hereof, fail. of delay m assaxim my rights or remedias provided herein tar by law, failure to promptly unity the Sella in tM event of breach, rise acceptance ofor payment for gook hereunder or approval of the design, shall not mleue the Seller of any of the countries or obligations of this purchase order and shell Out be rimmed a waiver of any right of the purchaser to insist upon smct pert ortt bcuof or any of its rigbu or remedies as to any such goods,regardless of when shipped, recdved or accepted, as to any prior or subsequent default hereunder, nor shall any perpetrated oral modification or rescission of this purchase order by the Pumhazer Operate as a waiver of any of the team hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and she Purclwer recognize that in actual beis practice, overcharges melting from antitrust violations borrow erfo are in fact boe by the Purchaser. Thetore nforgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under Federal or state exa most laws for such overcharges relating so the particular good or services purchased or acquired by the Purchaser p rr uam to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser drivers the Seller to correct noncanf ing or defctive goods by a date to be agreed upon by the Purchua and no Seller, and the Seller thernfer indicates its inability or unwilimpess in comply, the Purchaser may cause Ore work to be performed by the most expeditions means available to it, and the Sella shall pay all carts exam aced with such work. The Seller shall release the Purchase atW its eantracmrs of any tier Bonn all liability, aard claims of any mature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the psny released mad shall esterd 10 the directors, ofticas and employees of such party. The Seller's contractual obligations, including warranty, shall not be d«med to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material err process rovered by letter, patent, amdanerk r copyright, the Seller shall indemnify and rave hornless the Parchacer f any and all claims for infringement by reason of the use of each patented design, deviser, mmerial or process to catmectim with the am ... 1, and shall indents dfy the Purchaser for any cost, expense or damage which a may be obliged to pay by reason of mch infringement in any time during the prosecution or after the completion of the work. In case said quipment, or any pan thereof or the intendd use of the good, is in such suit held to constitute infringement and the use of said a gnpmmr or pan is enjoined, the Sella shall, at its own expense areal as its option, eider protare far the Porchuer the right to continue aging said equipment M ryes, MI. chc some with substantially equal bur .infringing isulpmen4 or modify it so it becomes mninfroa ing. 15. INSOLVENCY. If the Seller shall bermace insolvent ar baN;mpt, make m assigmrreat for One bereft of creditors, appoint a receiver or Maine for any of the Sellers pmprny or business, this order may fanhwith tax,canceled by the Purthasa without liability. 16. GOVERNING LAW. The definitions ofternes used or the interpretation of the agreement and the rights of all panics heeunder shall be construed under and governed by the laws ofthe State ofCulomde, USA. The following Additional Conditions apply only in codes where the Seller is to Perform work hereunder including the services of Sellers Reprcsenu,ive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed ant accepted, and shall, in case of any accident, destruction or injury to rise work mal materials before Sellers fwl completion and acceptance, complete the work at Sellers awn expense and to Use satisfaction of the Ptrrehasn. When materials and equipment are fiuvished by orders for installation or exam by the Sella, the Sella shall receive, unload store and handle same at the site and become responsible cherefor as though such materials amVor ch uipmm, were being f caushd by red Sella under the order. 18. INSURANCE. The Sella shall, 9 has owns expense, provide for the payment of workers compensation, including accupmioml disease benefits, to its employees employed on or in connection with the work covered by this purchase order, =War to their dependants in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty, comprehensive general liubiliry including, but not limited te, contactual and automobile public liability insurance with bodily injury said &orb limits of at least 5300,0m0 for any one person, 5500,000 for coy one accident and property damage limit per accident of $400,t1W. The Seller shall likewise require his coal racto.. if any, to provide for such compensation and insurance. Before any of the Sellers or his containers employees shall do any work upon the premises of others, the Seller shall famish me Purchaser with a asufcate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such emifcates shall specify the date when such compensation unit insurance expires. The Sella agrees that such compensation and insurance shall be mainaimd until after Me entire weak is completed and accepaed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Thc Sella hereby wournstax the entire rapresibiliry cord liability fro any and all damage, loss or injury Ofany kind w1. whatsoever as persons or property ..it by err resulting form the execution oftM work provided fro in this purchase order or in comerumn hetewitR The Sella will indemnify and hold harmless the Purchaser and my or all of the Purehuers officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or imlircel, and whether to persons or Property an which the Purchaser may he put or subject by meson of any act action, neglect, omission or default an the pan of the Seller, any of his ontractors, or any of the Sellers or contractors officers, agems m employees. In case any suit or other proceedings shall be brought against the Purcbasa, or its Ol rson, agents or employees at any time an account or byre m of any act, action, action, omission or default of me Sella of any of his contmnon or any of its or their oIttrs, agents or employes as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pry any and all costs, charges, attermys fees and other expenses, any and all judgments shot may be incurred by or obtained agrart, the Purchases or any of its of thei, ni fcar , agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property ofihe, Purchuea or said parties in or as a result of such suits a the, proceedings, the Seller will at are cause the same m be dissolved and discharged by giving boM or otherwise. The Seller and his co turcmrs slot take ell safety precautions, famish and install all guard nareaary for the prevention of accidenq comply wiU all laws and regulations with repard to safety including, bur without limitation, the Occurytioral Safety and Health Act of 1970 and all roles and regulations issued pursuant thcams Revised 03n010