HomeMy WebLinkAbout156775 DONNOE & ASSOCIATES INC - PURCHASE ORDER - 9143574Fort Collins
Date: 06/25/2014
Vendor: 156775
DONNOE & ASSOCIATES INC
4720 DUCKHORN DR
SACRAMENTO CA 95834
PURCHASE ORDER
PO Number Page
9143574 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 06/24/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2014 Police Lt Assessment Ctr
per order # 1957 dated 5/9/14
Assmt - 6130/14 = $ 12,500.00
discount - 1,250.00
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
1 LOT LS
11,250.00
$11
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local Uses. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Imemm Revenue Done, Colorado (Ref. Calumd. Revised Smmtcs 1973, Chapter 39-26, 114 od,
Goods Rejected. GOODS REJECTED due to failure to or specifications, either when shipped or due to defects of
damage in mair,, may be trimmed to you for credit and arc not to he .,]—it except upon recall of wrinm
insrment ns from the City of Fart Collins.
Importion. GOODS are subject a the City of Fort Collins inspection on an eel.
Final Acceptance. Receipt of ,he merchandise, services in equipment in response to this at an result in
authorized payment on the pan of the City of Pon Collins. However, it is to be understood Nat FINAL
ACCEPTANCE is drpendentt upon completion of all applicable r.uired inspection pmcedum.
Freight Tema. Shipments most be F.O.B., Cry of Fort Collins 000 Wood Si Fort Collins, CO 80522, unless
otherwise specified on this mile, If permission is given,. prepay fight and charge separately, the migirel freight
bill most accompany invoice. Additional charges for packing will Out be accepted.
Shipment Distance. Where manufacturers have distributing paints in vanous parts of me country, shipment is
expected fmm the nearest distribution pair to destination, and excess freight will be deducted fmm Invoice what
shipments are made fmm gamer distance.
Permits. Seller shall procure at sellers sole cost all recesmry porous, emificates and licenses required by all
applicable laws, regulations, on icances and rules of the sots, municipally, territory, or political subdivision where
the work is performed, or required by any other duly constituted public embody hating jurisdiction over the work
Of vend.,. Seller frt or agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an assened or established violation of any such laws, regulations, ordinances, tiles
and mquiremenb.
Authorization. All panics to this contract agree that the representatives are, in fact, It... fide and possess Poll and
omplele authority to bind mid p:mies.
LIMITATION OF TERMS. This Purchase Order expressly brain, acceptance to the terms and maroo um stated
herein sal forth and any supplememnry, or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ify.0 carom make complete shipment t. arrive era your
promised delivery date as noted. lime is Of the essence. Delivery and performance must be effecmd within me time
stated on fie purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
me Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order esewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to apses not reasonably factorable which am beyond its masoable minimal and without in fault of negligence,
such ass fGal, acts of civil or had liary sommitia, governmental pdodles fires, strikes, flood, epidemic, wars or
tots provided that It. of the conditions causing such delay is given ,o the Purchaser within five (5) days of fie
time when the Seller fins received knowledge thaaf. In the event of my such delay, the date of delivery shall be
ext.ded for fie period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wam.ts then all good, articles, mutcriab and work covered by This order will most. with applicable
drawings, specifations, aampla mNor other descriptions given, will be fit fm me purposes intended, aM
performed with the highest degree of care and competence in acc dwwm with accepted s.dards for work of is
-nular nature. The Seller agrees, to hold fly, purchaser harenless from any lass, damage or expense which the
Purchase may sufferer incur on account of fie Sellers breach of wamnry. The Seller sholl replace, repair or make
good, without cost to the purchase, any defects or faults arising witlon one (1) year or within such longer period of
firm . may be pmmbcd by law or by the mats fany applicable wamny provided by the Seller after me date of
acceptance of fie goods famished hereunder (acceptance not he umcauvbly delayed), resulting firm imperfect
or defective wad done or materials famished by fie Seller. Amepance or use of goods by me purchaser shall not
constitute a waiver of my claim ode this warranty. Except as Otherwise provided in this purchase ode, the Sellers
liability hereunder shall extend to all damages proximately caused by pie breach of any of fie foregoing warranties
or guemntces, but such liability shall in no event include lass 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 a legal mots by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pu elmia may make any changes In the terms, other than legal terms, including additions to or deletions fmm
the quantities originally odered in the specifications or drawings, by verbal or wrinven change order. If any such
change alTees the amounl due on he time sf Irl'b mane hereunder, an equitable adjustment shall be made
fi. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions Of the
goods then not shipped, subject to my equitable adjustment between the parties ex to my work or materials then in
progress provided that the Purchaser shall not be liable for any claims for actuni ed profits On the uncompleted
portion of the goad and/or work, far incidental or consequential damages, and Na, no such w1justmen, be made m
favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve
me Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assumed within thirty (30) days fmm me date me change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller woman that all god sold hereunder shall have been produced, sold, delivered and famished in short
compliance with all applicable laws and regulations to which me goads are subject. The Seller shall execute and
deliver such dommens. may he required to effect or evidence complimre. All laws and regulations creamed to be
incorporated in agreements of this character sm hereby incorpommd herein by this misamer. lbe Seller agrees on
indemnify and held the Purchaset Formless; from all cos- and damages suffered by the Powhaze as a resuh of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall nssI,, mamfer, or convey this order, or my mania due or ro become due heremda without me
,no, won. consent of the other party.
10. TITLE.
The Seller warrm,s full, it. .0 unmsrticted title 0 the Purchaser far all equal mot momands, and it. fimished
to performance of this agreement free and clear of my coed all liens, resimmons reservations, semoy interest
encumbrances and claims of others.
II. NONWAIVER.
Failure of the Pumhom b insist upon strict performance of the terms and conditions hereof, failure or delay In
exercise any rights or comedies provided herein or by law, failme to promptly verily The Seller in the evert of a
breach, the ace.tmee of or pymrn, far goofs hereunder or approval.fmc desigq shall not release the Sella of
any of the warrantio or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hemofar any of its rights or remedies as many such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default heremMer, nor shall any purported
am) modifiation or nacissim f,his pmcla a odor by me Purchases spent, to a waiver of any of the is.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize Nat in sctnal economic practice, o aeliarges resulting Exact antitrust
violations are in fact Form by the Pmennear. Themoforefa, good muse and. arsside cation for exemn, Nis
purchase oda. the Sella hereby assigns ,a fie Pmchaam any and all claims i, may row have Or hereafter
acquired under federal or sate commust laws for such overehmges relating to case particular goad or services
purclmsed or acquired by fe Purchaser pursuant to this purchase ode_
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser limas fie Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Nelms r aM the Seller and the Seller therre a er indicates its inability or nowillingness m comply, the Purehicia
may cause the work to be performed by fire most expeditions means available to it, and fie Seller shall pay all
toss assuciaed with such work.
The Seller shall release the Purchose, and its contractors of any tier fmm .11 liability end claims of any notate
resulting from the performance ofsuch work.
This oil.. shall apply even is the event of fault of negligence Of de patty released and shall extend to the
directors, officers and employees of men party.
The Seller's contractual Obligations, including warranty, shall not be deemed or be reduced, in any way, became
such work is pe ramped or caused in be performed by the Dummies.
14. PATENTS,
Whenever, the Seller is rauirM to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamlesm the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or proresv in connection with the contract, and
shall indemnify the Purchaser for any cost, expanse or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the gods, is in such suit held to constitute inGngement and the use of
said equipment or port is enjoined, the Seller shall, at its own expense and at is option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
comminuting equipment, or modify it so it becomes noninfdnging.
15.INSOLVENCY.
If the Seller shall become insolvent or banrkmpt make an assignment for fie benefit of creditors, appoint a
receives or t.stee for any of the Seller property or business, this order may Common be canceled by fie
Purchaser wul om liability.
16. GOVERNING LAW.
The definitions oftema toed in the morso taros of she apeement and she rights of all Partin hertwdet shallbe
commed unda and govemN by the laws offie State of Colorado, USA.
The following Additional Conditions apply Only in awes where the Seller is to Perform work hereunder,
including the services of Sellers Representarive(s), on the premises ofofm.
IL SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of my accident destruction or injury to the work and/or materials before Sellers final completion and
acceptance, mmplete me work at Sellers own expense and to the mtisfnfims of the Purc ass, When materials
and equipment — famished by others fir installation m erection by fie Seller, fie Sella shall carrier, unload.
store and handle mate at fie site and become responsible therefor as dough sucf materials andtor equipment
were being famished by the Seller under the ode.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to its employees employed on or in cormection with The work covered by this purehase, order,
and/or to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of in least $300,000 for any one person, 5500,000 for any
one accident and property d mage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation 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 compenaatiun and insurance have been provided. Such cenificams shall specify the date when such
ompemation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and ommunce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoescr to Persons or property caused by or resulting Form the execution of fie work provided far in
this purchase order or in connection herewifi. The Seller will indemnify and bold Formless the Pcomhsser and any
r all of the Purchases oBfirm, agents and employees fmm and against any and all claims, losses, damagrs,
charges or "penes, whether direct or indirect. aril whether to peso s or property to which the Purchases may
be pm or subject by ratan of any net, action, neglect, omission car default on the pan of me Sella, my of his
cantradors, or any of me Sellers m contractors officers, ,can or employms. Ice eau any mil or other
proceedings shall be brought option the Pm isco a, or its officers, agars an employees at any time an accowt or
by reason of any rot. ration, neglecl, amimion Or default of Ne Seller Of may or his contractors car my of in or
Their officers, agents or employees as aforesaid, sire Seller hereby agrees on ,same Ne defame thereof and to
defend the same al the Sellers own expanse, to pay any and at cos-, charges, exmmeys fees and arm' expensa,
my and all judgments that may be incurred by or obtained against the Purchaser or my of in or their officers,
ages or employees in such suns or other proceedings, and is case judgment or ofer dim be placed upon m
abound against elm property, of the Purchaser, or mid posies in or. a result of such aid. or ashen proceedings,
me Seller will in more auu the same to be dissolved mail dischargd by giving bond m ofmsise. The Seller and
his contractors shall take all mfell ppositi ons. famish and imUll all guard necessary for the pmennon of
accidents, comply with all laws and regulations with regard as safety including, bur without limitation, Ne
Occupational Safety and Health Act of DOO and all .des and regulations issued pursuans theses..
Revised 03aOIO