HomeMy WebLinkAbout296701 TIBURON INC - PURCHASE ORDER - 9143749PO
PURCHASE ORDER 914374er Page
CI�I of PURCHASE
9143749 1012
F6r} Collins This number must appear
,�—J`-' ` on all invoices, packing
sli s and labels.
Date: 07/02/2014
Vendor: 296701
TIBURON INC
3000 EXECUTIVE PKWY SUITE 500
SAN RAMON CA 94583
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 07/01/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Enhancement Proposal - 3226
ProQA Paramount Interface
refence proposal date 5/28/14
per Vincent Tedesco
°C n P14
''i
i
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
6,384.00
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
1. COMMERCIAL DETAIU.
Tax exemptions. By statute the City of Fort Collins is exempt boom stain and local taxes. Our Exemption Number is
99-04502. Federal Excise, Tax Exemption Certificate of Registry 84fi000589 is registered with the Collecmr of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Gaud Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to debrus of
damage in mnsit, may be retuned to you for credit and art not to be replaced except upon receipt of written
instruments from the City of Fort Collins.
Inspection. GOODS arc subject o the City affect Collins inspection on arrival.
Final Acceptance. Receipt of the ree¢hvWise, nrviar as equipment in response to this order can .11 to
aurhonsed payment on age from of age City of Fort Collins. However, it is to he understood Nat FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terror. Shipments most be ROD.. City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge sepaeamly, the original freight
bill must accomuanv invoice. Additiawl charges far asicking will not be accented.
Shipment Distance. Where manufacturers have distributing points in various pans of the smeary, shipment is
expected from the nearest distribution patio to demingion, add excess freight will he dNucaed from Invoice when
shipments are made form greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, buttery or political subdivision where
the work is performed, or required by any other duly constituted public industry having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Pan Collins hmmless from and against all liability and toss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinvnces, rules
and requirements.
Atinu izmion, All ponies 1. this contract agree that the representatives arc, in fact, bona fide and p ssess full and
complete authority to bind said parties.
?.IMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions &rated
herein set Earth and any supplementary or additional terms and conditions annexed hereto ar inverpomted herein by
reference. Any additional or dinerent terms and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete quantum a arrive oa your
premised delivery date as noted. Time is of the essence. Delivery and performance most be e11[eged within the lime
,rated on the purchase order and the documents attached herele. 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,
the Purchaser shall have, in addition to other legal and agimble remedies, the option of placing this order elsewhere
and holding the Seller lu ble for damages. However. the Serer shin nor he fable for damages as a result of delay,
due to causes nor —.My unnameable which arc beyond its reasonable control and wi0ont its fault of negligence,
such act, of Gal, acts of civil or military authorities, gmammenml priorities, fires strike,, flood, epidemics, was or
riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller real received knowledge thcaraE In the event of any such delay, the dam of delivery shall be
extended fin the period equal m the rime actually Inst by treason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will emnform with applicable
drawings, specifications, samples No, order descriptions given, will be fl for the reclaims intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser bound. from any loss, damage or expense which the
Purchaser may suffer or game on account of the Sellers breach ofermarty. The Seller shall replace, repair or make
good, without over no the purchaser. any defects or faults arising within one (1) year or within such longer period of
rime as may he prescribed by law or by the it. of any applicable womnry presided by the Seller after the date of
acceptance of the goods Burnished hereunder (aceepmace act or be, unteason ably delayed), resulting from imperfect
or defective work done or mmenrls Burnished by age Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pooximdely caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmfits 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 convert change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tests, usher than legal temrs, including additions m or deletions farm
the quantities originally ordered is the specitic:aions or drawings, by verbs or written change order. If any such
change affects the amount due or the time of rerfisrmance heremik, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, manicure this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as in any work or materials then in
pmgress provided her the Purchaser shah eat be liable for tiny claims for anticipated profits on the uncompleted
portion of the good and/or work, for incidental or consryuerrial damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such mccomin n shall relieve
the Purchaser or the Seller of any of their obligations ss to any goads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must be asserted within thins (30) days boom the date the change of termination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller waomns that all goods sold hereunder shall have been p uslumd, sold, delivered and famished in strict
compliance with all applicable laws mad regulations an which the good are subject The Seller shall execute and
deliver such documents as may he occurred to effect or evidence compliance. All haws add regulations required to be
incorporated in agreements of this chrmcter are herby imnrpomted herein by this referen— The Seller agrees to
iMerdodfy and hold the Farmhouse, harmless form all cos. and damages suffered by the purchaser as a resuh of the
Sellers failure to comply with such Law.
9. ASSIGNMENT.
Neither party shall assign, mnsfen or convey this order, or any mania due or a become due hereunder without age
prior wro rn consent of the other piny.
10. TITLE.
The Seller warrants full, clear and unmoricted title be the Pmrchaser for all equipment, materials, and items famished
in performance of IN, quicmem. fin mall clear of any and all liens, nemictiers, mservafiora, sexual interest
encumbrances and claims archers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms add conditions hereof, failure or delay to
any rights or muddies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the mexpre ce of or payment far goads bromide, or appro-I of the design, shall not release the Seller of
any of the warranties or obligations of this purchase eager and shall not be deemed a waiver of any right of the
Purchaser to insist upon strict performance here for any of its rights or remedies as to any such good, mllard).
of when shipped, received or accepted, as to any pear or subsequent default hereunder, nor shall any purported
am) modification or rescission of this purchase eager by the Purchaser, operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser rrcogniu flit in armed examorm practice, overcharges resulting from antitrust
violations art in fact borne by the Purchaser. Theretofore, for good cause aM as consideration for executing this
purchuse, order, the Seller hereby assigns to the Purchaser any out all claims it may now have or hereafter
acquired under frdeml or store antitrust laws for such ovembages requiring in the Particular goods or services
purchased or required by the Purchaser pursuant to Nis purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness to comply, the Purchaser
may erase the work to be Performed by the most cxpcditious means available to it, and the Seller shall pay all
costs aaaocisted with such work.
The Seller shot] release the Purchaser and its convactors of any tier from all liability and claims of any antrum
resulting from the performance ofsuch work.
Ibis release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, affects and employ. of,a,h party.
The Sollars contractual oldi,i inns, including wamamy, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be, performed by the Purchaser.
14. PATENT S.
Whenever the Seller is required muse any rE u m device, material or process covered by letter, patent, trademark
or copyride, ale Seller shall indemnify and sine harmless the Purchaser from any and all claims for infringement
by reason of the use of such rumored design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of auch
infringement m any time during the prosecution or after the completion of the work. In case said equipment, or
any pan therm( or the intended sea of the goad, is in such suit held rat cadstitute management and the use of
said 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 pans, replace the more with submarnally equal but
noninftinging equipment, or modify it am it becomes warn fringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, snake an assimsex m for the North of creditors, appoim a
racerver or trustee fir any of age Sellers poopeny, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definilioas ofterrrts used or the interyremtion argue apartment and the rights of nll parties hereunder shall be
sr.wN under and governed by the laws o ds, Stare of Coloado, USA.
The following Additional Condition apply only in v where Or Seller is to perform wok hereunder,
including the servicesof Sellers Represenmtive(s), on Ne premises ofothers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is rally completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or mmerids before Sellers final completion and
acceptance, complete the wok at Sellers own expense aM we fire satisfaction of the Purchases. When materials
and equipment are furnished by others for ovullation or ejection by the Seller, the Seller shall receive, unload,
store and handle same at the site end becume responsible therefor as though such am erials and/or equipmem
were bring famished 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, m its employees employed on or in vari clum wiN the work covered by Nis purchase ode,.
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also cart, comprcbensive genetul liability including, but not limited to, mamoral and automobile public
Inability insurance with bodily injury and death limits oral least S300000 for any one person, $500,000 for any
one accident and property damage limit per accident of $440,000. The Seller shall likewise require his
it any, to provide for such competi-o n and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
thin such conrpenm it n and insurance have been provided. Such cri ificerex shall specify, the date when such
compensation and insurance have been provided. Such certificates shall specify me date when such compenmaien
and insurance expires. The Seller agrees that such mmperesation and insurance 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 army kind
or nature whosoever to persos or p ri caused by or resulting Ism the execution of the work provided for in
this machine order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, rivers and employees farm and against any and nll claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property on which the Purchaser may
be pat or subject by rcasun of any act, action, neglert omissian or default on the part of the Seller, any of his
contractors, or any of the Sells or contmetora officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or
by reason of any act. action, neglect omission or default of age Seller of any of his contractors or any of its or
their officers, agents or employees as afaresaid, the Seller hereby agrees to assume the defense thereof vd to
defend the mice at the Sellers own experee, to pay any aid all costs, charges, anomeys fees and other expenses,
any and all judgments that may M incurred by or obtained against the Purchaser or any of its or their oRcem,
agents or employees in such its or ether proceedings, and in rase Indgment of other lien b, plaeN upon or
obtained against age priority of the Purchaser, or said ponies in or as a much of such suits or other proceedings,
the Seller will at one cause the more to be dissolved and discharged by giving board or otherwise. The Seller and
his sntmetors shall take all safety precautions, famish add idsmll all guard mumseq for the prevention of
accidents, comply with all laws and regulations with regard to mfety includng, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and mi,alationu issued pursuant dicam.
Revised 03R010