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HomeMy WebLinkAbout443114 SYTECH CORPORATION - PURCHASE ORDER - 9142928Fort Collins Date: 05/22/2014 Vendor: 443114 SYTECH CORPORATION C/O JAMES ZAJDEL 6121 LINCOLNIA RD ALEXANDRIA VA 22312 PURCHASE ORDER PO Number Page 9142928 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: 05/22/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Maint and Connectivity Renewal 4 Line Turnkey System with YAr 1 LOT LS CDC Network Connectivity. For ADACs Intelligence Collection System purchased in December 2008, Coverage Period: 3/04/2014 through 03/03/2015 Per Quote #2235 dated 03/10/2014. 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.mm Total Invoice Address: 18,720.00 Willis] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEPAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NON W AIVER. 98-04502. Federal Excise Tax Exemption CMifiner of Registry 84-6000587 is registered with the Collector of Failure ofthe Punctuator to lard upon stria performance of tfte terns and conditions hereof, failure of delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sonam, 1973, Chapter 39-26. 114 (aL exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or apprm'al ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deftas of any of the warranties or obligations of this purchase order and shall net be deemed a waiver army right of the damage in transit, may be returned to you for credit and are not to br replaced except upon receipt of written purchaser m insist are. strict performance hereof or any of its rights or remedies a to any such goods, regardless mommuons from the City of Fon Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, Or shall any paponrd oral modification or rescission of this purchase order by the Purchaser operate a a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on zmval, hereof. Fied Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Pon Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual m is practice, a emharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchae, sTheremforenforr good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purcbaser any and all claims it may now have ar hawfier Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, [:on Collins, CO SD522, unless otherwise Natural on this maker. If,emission is given to preWy freight and charge sap mtely, the original freight bill most accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where menuf.etumm have distributing points in summer Pans of the country, shipment a expected from the nearest distribution Point to destination, and excess freight will be deduchal from Invoice when shipments ale made from greater distance. acquired under federal or state antitrust laws for such overcharges relating to the particular guests or services purchased or acquired by the Purchaser pursuant m Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchuer directs the Seller Ira affect nonmnforming or defctive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchases may cause the work to be parfoamed by the most expeditious means mailable to it, and the Seller shall pay all cents associated with such work. Permits. Seller shall promo at ullas sole cost all necessary permits, senifcmes and limuses acquired by all applicable Iaws, ni lati es, oNiumess and tales oftbe state, municipality, armory or political subdivision where the work is performed, or required by any other duly mreinuted public authority having] inspiction over the work of vendor. Seller fuller agrees to hold the City of Feel Collins barnlew fmm and against all liability am loss incurred by them by reason of an asserted or aublished violation crony such laws, regulations, eradironcea, miss all requirements. Authrmarde n. All patties to this contract agree that the representatives art, in fact, hero ride and gosxss full and complete authority io bind said parties. LIMITATION OF TERMS. This purchase Offer rpressly limits acceptance m the temu and conditions sated herein set forth all any supplementary or additional mean and conditions annexed hereto or incoporated herein by reference. Any nddilioaal or different terra and comftiens proposed by acRet are objected to and hereby injected. 2. DELIVERY PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot mike complete shipment to artier an your promised delivery date as noted. Time is cruse examine. Delivery and ponfannana most be effected within the time sated on the pmchue order and the dom menns attached hrtao. No acts of the Purchasers including, without limitation, acceptance oFormal late deliveries, shall npmm a. waiver of this provision. In the rem of any delay, the Purchaser shall have, in addition to other legal all equitable comedies the.,Iian orplacing this oNer elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages a a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault of negligence, such acts of God, acts ofeial or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nets provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller beer received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the parnd equal to (he time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work award by this order will conform with applicable drawings, specifications, samples andfr other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and rompotence in accordance with accepted standard for work of a similar mature. The Seller agrees to hoed the purchaser hmmless from any loss, damage or expense which the Purchaser may suffer or incur on account or the Sellers breach of warmmy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (O year or within such longer period of time as may be presmbed by law or by the tames of any applicable warranty provided by the Soler after the dam of acceptance of the goad famished hereunder (acceptance not to be unreasonably delayedJ, resulting form imperfect or defective work done or materials Famished by the Seller. Acceptance or see of good by the Purchaser shall not onstimte a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of Imy of the foregoing warranties or guarantees, but such liability shall in no rent include loss of profits Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L T E RMS. The Purchaser may make changes to IcpI fares by written change order. 5. CI TANG ES IN COMMERCIAL TERMS, Thin Purchaser mm may male any changes to the tames, other than legal mars, including millions to or deletion, fro the quantities originally ordered in the specifications or drawings, by valid (it written change order. If tiny such change affect, the amount due or it,, time of perfomance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement is to any or all portions ol'the grad then not shipped, subject many equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for mideipmed profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Soler with respect no any grads which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of any of their obligations an to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for aEferma at no be asserted within thin, (30) days from the d to the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents an may be required to effect or o'iderem compliance. All laws and regulations required to be incorporated in agreements of this character ate hereby incoMmu ed herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatmless fmm all costs and damages suffered by the Purchara in a revolt of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmrefer, or convey this ode, of any manias due or to become due hereurda without the prior written counsel of the other pay. 10. TITLE. The Seller warranm fall, clear and mustriaed title in the Purchasa for all equipment, aaterals, and items furnished in performance or this agreement, free and clear of any and all liars, restrictions, reservations. security interest encumbrances and claims o f others. The Seller shot] ¢leae the Purchaser road in ....do. of any our fmm all liability and claims of any nature musing from the ponermmmc nr..bh work. This release shall apply men in the event of fault of negligence of the From, refused mad shall extend to the directors, officers and employees of such party. The Sellers command obligations, including wzmanry, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be pammtnd bJ'the Purchaser 14. PATENTS. Whenever the Seller is required to use any design, device, action.] or process mvvred by lever ped—L andemvrk at copyright, the Seller shall indemnify and save Fam iless the Purchaser fmm any and all claims for infringement by reamn of the use of such ptrnted design, drift, material or process in co=ur our with the mntmct and shall indemnify the Pureh us r for any cost cabana or damage which it nay be obliged to pay by reawn of such infringement at any time during the prosecution or after the completion of the work. In now 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 and equipment or pan is enjoined, the Seller shall at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or Farm, writer the same with substantially equal but aoainfdnging equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, make an asa,marom for the bereft of Miters, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by foe Purchuer without liability. I& GOVERNING LAW. The definifions ofectms used or the interpretation of the agreement it the nights of all parties hereunder shall be contained under and governed by the laws ofthe Sure of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers R memaafive(s), on the premises ofothem 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Settees own ask until she same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or remains; before Seller's firal completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When matends and equipment are Tumbrel by Others fief installation or common by the Seller, the Seller shall receive, unfad, store and handle same at the site and become responsible therefor a though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. Ile Seller shall, .1 his we 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 oiler, nnNor to their dependents in accordance with she Iaws of the state in which the work is I. be data. The Seller ,hall also carry comprehensive general liability including, but not limited to, contractual and automobile public Ilability unions- with bodily injury and death limiter of at least S300DDD for any one henna, 5500 000 fir any one incident and property damage limit per occident of $400,000, The Seller shall likewise require his if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the preother,, promises of the Seller shall famish the Purchaser with a ceni tom that such compensation and insurance have been provided Such communes shall specify ibe date when such compensation and insurance have bran provided. Such certificates shall shanty the date when such compensation .cad insurance expires. The Seller ab ees thin such compensation and insurance ahall be maintained until after the entire work is completed and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asume. the entire rap... bill, and liability for any and all damage, loss or injury of any kind or nature whatsoever to pane or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold barmless the Purchaser and any or all of the Purhharn offices, agents and employes fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to actions or property, to which the Purchaser may be put or subject by mawm of any act action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commodities oRcas, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its officers, .gems or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oBicere, agents or employees as aforesaid, the Seller hereby agrees to assume the defense theater and m defend the same at the Sellers own expanse. I. pay any and all costs, charges, attorneys fees sad other expenses, any and all judgments that may be incurred by or obtained afford the purehaa or any of in or their officers, agents or employees in such suits or other proceedings, all in case judgment or oNer lien be placed upon or obtained against the pmperry of the Purchuer, or said parties in of as a result of such suits or other proceedings, the Seller win at once cause the same to be dissolved and diseharged by giving boad or otherwise. no Seller and his contractors shall take all safety precautions, famish all insall all guard necesvry 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 issaed parsaeat thereto. Revised WR010