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HomeMy WebLinkAbout117348 CLERK OF THE DISTRICT COURT - PURCHASE ORDER - 9142889City of /0'" rlt Collins Date: 05/21/2014 Vendor: 117348 CLERK OF THE DISTRICT COURT 201 LAPORTE AVE SUITE 100 FORT COLLINS CO 80521-2761 OPLFl A Eel a 9 PO Number Page 9142889 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 05/20/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 13-8911 Forfeiture Court Order 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 1 LOT LS 23,060.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Exaise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist on ,or performance of the temrs and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, Failure m promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe designs, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to cereals of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retumd m you for credit and are not to be replaced except upon ®ruipt of written purchaser to insist upon social performance hereof or any of irs ,his or mmdi,s as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the forms Inspection. GOODS are subject m the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. au0orized payment on the pan of the City or runCollins. However, it is to be understood that FINAL Seller and the Purchaser maxgrue the, in actual command no r pf ctice, overcharges resulting from moutrasl ACCEPTANCE is dependent upon complexion of all applicable required inspection procedures. violations are in met home by the Purchaser. Theretofore for good cause and as consideration for executing this pmcho a urtleq the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temts. Shipments must be P.O.[L. City if Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state submit laws for such overcharges 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 Earthward or accrued by the Purchaser pursuant to this purchase order_ bill most mountain, invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in air. pans of the country, shipment is expected from the nearest distribution paint m destination, and excess freight will be deducted from justice when shipments are made from greater dolame. Permits. Seller shall procure at sellers sole Cost all necessary permits, certificates and licenses required by all applicable laws, regulatiens, did lnances and cults critic state, municipality, tenitory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisde men over the work of vendor, Seller bunker agrees to hold the City of Fort Collins harmless from and against all liability and loss ncuned by them by rcawn of an asserted or established violation of any such laws, regulations, ordinaries, tales and requirements, Authoriwtion. All posies to this conmaa agree (list the representatives are, in fact bond fide and possess fall and complete maliar ty rc bind said parries LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein at forth -it any mpplemenmry or additional terms and conditions annexed hereto or miderpom¢d herein by rePorcame. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou former make complete shipment to arrive on your promised delivery date as noted Time is ofthe saran Delivery and immanence must be effected within the time stated on the purchase order and the documents attached hereto_ No at, of the Parehasers including, without Imitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable fur damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God acts of civil or military authorities, governmental priorities, it strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) Jays of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shill be extended for the period equal to the time actually lost by reams of the delay. 3. WARRANTY. The Seller wartahis (hit all goods, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be fit for the purposes amended, and performed with the highest degree of and and competence in ..Mine, with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hennlese from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair in make good, without cost to the purchaser, any defects or faults arising within one (1) 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 after the dale of cceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or =lariats famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Easier, as otherwise provided in this purchase oMe,, Be Sellers liability hereunder shall extend rt all damages proximately caused by the breach of any of the foregoing warranties or guarantees, 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. may make any changes o the terms, other than legal to c, including additions to or deletions from The achrong, art the change a ffict ohe magy ordered in tti me oppearmirn or drawings, by venial le written change order. If any such change afteds the amount due or the time ofperformance hereunder, an equitable adjustment shrill be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, Incarnate this a,m,,f,nt as to any or all portions of the ,cods then not shipped, subject to any equitable adjusment between the patties as to any walk or materials then in prcgress provided shut the Purchaser shall not be liable for any claims for mcoup led profits on the uncompleted portion fifth, goods and/or w'mk, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller will, respect to any goods which are the Sellers mandmd slack. No wch mmrinmimn shall relieve due Purchaser or the Seller affair oCthei, obligations as to mty goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date (lie change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and furnished in crier compliance with all applicable laws and regulations to which the goods are subject. The Salle, shall execute and deliver such documents as may be required to a fect or evidence compliance. All laws and retardations required to be ncorpormed in a,memen¢ of this c erveler are hereby incorporated herein by this counting. The Sell,, agrees to indemnify and hold the Purchaser hatless From all wets and damages suffered by the Purchaser m a revudl of the Sellers failure to Comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this major, or any monies due o, to become doe heeund,, without Be prior written cunsanh oflha otlre, party. 10. TITLE. The Seller wartants Cull, clear and unrestricted Htie to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security forest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconmrming or defective goods by a date to be agreed upon by the Purchaser and tls Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Pembase, may cause the work to be performed by the most expeditious means available an it, and the Seller shall pay all costs..fired 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 performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otlicers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any wmr, because such work is performed or caused to be performed by the Producer, 14, PATENTS. Wheneve the Seller is aquie d to use any desgn, device, material or process Covered by leveq patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and at I claims for introduction by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the omplcnon of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its opton, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but noninCringing equipment, or modify it so it becomes noninfringing_ 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assigomem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions drainage used or the interpretation offl a agreement and the rights c f all parties hereunder shall be omtmed under and governed by the laws ofthe State ofColoradc, USA. The following Additional Conditions apply only in where the Seller is to performwork Immunity,including the services of Sellers Representative(s), on theses promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and oreapled, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the weak at Sellers own expense and m the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, radical, score and handle same at the site and become respoosble therefor as though such materials aad/or equipment were bear, Finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependents is mainframe with the laws of the state in which doe work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, economical and automobile public liability insurance with bodily injury and death limits of at least 5300,000 ro, any on, penoq $500,000 for any out accident and property damage limit per accident of S400,000. The Seller shall likewise require his ontrzctoq if any, m provide for such compensmion and Insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cenifioles shall specify the date who such compensation and insurance expires. The Seller agrees that such compemmion and imumnec shall be maintained —litafterthe entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the chum responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided Rtr in this purchase order or in connection herewith. The Seller will indemnify and hold hirmless the Purchaser quit any cr sll of the Purchaser, oftic ra. agents and employees firm and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to pefom, or property in which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Selleq any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, o, its officers, agents or employees at any time on recount or by ream. of any qeq action, neglect omission or default of the Seller of any of his commdmofs or any of its or their odic r,, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all rusts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their i Ricers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the prmpeny of the Purchaser, or said parties in or as a result of soh suits or other proceedings, the Seller will at race cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precvrions, ftunlsh and install all guaMs necessary for the prevention 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 pursuant thereto. Revised 03R010