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HomeMy WebLinkAbout104849 CITY OF LOVELAND - AR - PURCHASE ORDER - 9143842PO PURCHASE ORDER 914384er Page C117/ of PURCHASE 9143842 ' of z Flirt Collins This number must appear /_^,'`�—J`-' on all invoices, packing sli s and labels. Date: 07/08/2014 Vendor: 104849 CITY OF LOVELAND CIVIC CENTER 500 E 3rd ST STE 320 LOVELAND CO 80537 Ship To: POLICE DEPARTMENT ACCOUNTS RECEIVABLE POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 07/08/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t ADDENDUM TO PO 1401236 50% SHARE OF DESIGN COSTS I'. I�9Ci��uii 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@fogov.com 1 LOT LS 50,000.00 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 1. COMMERCLV.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from spite and local taxes. Our Exemption Number is I L NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the purchaser us insist upon side, perfmmance of the to. and condition hereof, failure a delay or Informal Revenue, Denver, Colorado (Ref. Colorado Revised Spimtas 1973, Chapter 39-26, 114 (a). 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 goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warm ties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you far credit and are not to be replaced except upon receipt of written purchaser to insist upon anct performance hereof or any of its rights or remedies 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 . a waiver of any of the terms Impaction. GOODS art mbjm,o the City of Fort Collin inspection on arrival, hereof. Final Acceptance. Receipt of the manhandle, services or equipment in rapowe to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, outhodzed payment on the pan of the City of Fort Collins. However, it is to he tndersmal ,he, FINAL Seller coral the Purchaser recognize that in acaml economic practice, overcharges resulting from mail , ACCEPTANCE is dependent upon completion of all applicable requiral inspection procedures. violations she in fan home by the Purchaser. Theremfore, for good come and as cowide stion fro executing this Purchase order, the Seller hereby assigns to the Purchases any and all claims it may now have or hereafter Freight I corns. Shipments most be F.O.B. Ciry of Fort Collim, l00 Wood St., For Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified ou this polo. if permission is given to prepay freight and charge separately, the original freight purshased or acquired by the Purchaser pursuant to this purchase order. bil I most accompany invoice. Additional dramas for racking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment n expected from the nearest distribution point ,o desxiration, and excess freight will be deducted from Invoice when shipments ate made form greater distan e. Permits. Seller shall procure at sellers sale cost all mvessary permits, certificates anti licenses required by all applicable laws, regulations, ordinsmw and rules of the stoic, municipality. rarnory or political subdivision where ,he work is performed, or required by any other duly mediated public omhodry having jumaliction ova the work of vendor. Seller mother tortes To hold Ne City of Fun Collins harmless from and against all liability and loss incurred by them by rezwn of an mserred or established violation of any such laws, regulations, ordinances, piles and requirements. Andanceation. All patties to this contract agree that We nprocentmives to in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and condition stated herein at forth and any supplementary or additional nttdh and conditions nmmxed hereto or incorporated herein by reference. Any additional or diffeaenrtems oral conditions proposed by seller are objected it and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as acted. Time is of the essence. Delivery and Performance mast to effected within the time spited oa the module arch and the duaments arched hereto. No acts of the Purchasers incuding, without limitation, acceptance of psmal Ice deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchmer shall have, in addition to ether legal and eqtdmble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. l however, the Seller doll nor be liable for damages as a rout of delays due or enures not commonly foreseeable which are beyand its ressomsble control and without its fault of negligence, such acts ofGod, acts ofcivil or military authorities, ..air pnorines, fins, strikes, Rood, epidemics, wars or hots provided tot notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fruit received knowledge thereof. In the event of any inch delay, the date of delivery still be extended for the parind equal to tic time actually lost by reamer ofthe delay. 3. WARRANTY. The Seller wamarns but all goads, articles, materials and work covered by this order will confom, with applicable drawings, specifications, sample and/or other descriptions given, will be fit for the pmposss intended, and performed with the highest degree of can and competence in accordance with accepted standards for work of a similar nacre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser any larger in, incur on acmunt of he Sellers breach of -tharmy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or houlrs arising within one (1) year or within such longer period of time m may be prescribed by law or by the terms army applicable warranty provided by the Seller ruler the date of acceptance of the goods furnished hereunder poexptame not to be unreasonably delayed). reporting from imperfect or defective work done or amenals furnished by We Seller. Acceptance or we of good by the Parchasa shell not coaster. a waiver army plains coda this warranty. Except as otherwise provided in Nis purchase ardor, the Sellers liability hereunder shall extend to all damages proximately timed by the breach army of the foregoing anomalies or parishes, but such liability shall in w 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 Purchase, may make changes to legal toroth by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchwer may make any changes to the terror, other than legal terms, including additions to or deletions fmm the qua ..,a-lly ordered in the sPceificarioe or drawings, by verbal or wriden change maker. If any such change aRects the amount due or the time of perfomance hereunder, an equitable adjustment shall be, made. 6. TERMINATION& The Purdamer may. any time by wdnen change coma, terminate this upornal as rim any or all pampas of the goods then not shipped, subject To any equitable adjutment between the ponies as to any work or nationals then in progress provided that the Purchaser shall not he liable for my claims for anticipated pmfixa on the uncompleted portion of the goods and/or work, for incidental or anniqualial damages, and tut no such adjustment be made in favor of the Seller with import to any grid which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of any aftheir obligations as to any grid delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he osened within thirty (30) drys main the date the change of termination is mdaed. S. COMPLIANCE WITH LAW, The Seller warrens than all gash said hereunder shall have been produced, sold delivered it punished in abet complimen with all applicable laws and regulations to which the goods are subjaL The Seller shall execute add deliver such domments as may be requital to effect or evidence complian o. All laws and regulations required m M incorporated in agreements of this character arc hereby incorporated herein by this reRren t. The Seller agrees to indemnify and hold the Purchaser harmless from all msn and damages suffered by the Purchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, import, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other potty. IO.TITLE. The Seller warrants Fill, clay and rma.trined tide m the Purchaser for all equipment, materials. pal it. famished in perforprournew of this agreement. free and clear of any end all It., resniaiow, reseratio., security interest encumbrances and claims o f mhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to moat nonconforming or der Live goods by a doe to b, agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchases may cause the work to be performed by the most expedition m,am available 1. it, and the Seller shall pay all costs imeal with such work. The Sella shall release the Purchaser wood its comracme, of any tier from all liability and claims of any "me rerouting from the performance of such work. This release shall apply even in the event of fault of negligence of foe parry released and shall extend to the directors, oRcas and employees pinch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reducal, in any way, because such work is performed or caused to be matiamsal by the Purchaser. 14. PATENTS. Whencoa the Seller is required m me my design, &via, material or process covered by lever, patent, nademmk or copydghi, the Seller shall indemnify and save harmless the Purchaser, from any end all claims for offir,ement by reason of the me of such patmted design, device, marmal or process in connection with the compact, and shall indemnify the Purchaser fro any east, expense or damage which it may be obliged to pay by reason of such inlringemen, in my time during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended use of the smash, is in such mi, held to andoute infringement 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 wing said equipment or pans, replace the same with substantially ryunl but noninfinging equipment, or modify it sot it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assigomem far the benefit of predicts, appoint a nareaver or umtee for any of the Sellers property or bmiaea, this order may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitio s ofteres most or the interpretation ofthe agreement mall the rights of all panics hereunder shall be comaued under add ... amid by the laws of the State of Colorado, USA. The following Additional Conditions apply only in when the Seller is to perform work hereunder, including the services of Sellers Rorm,or mrile s), oa hecases premises oTraders. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same as fully completed and wcepred, and shall, a. se of any accident dedreato r m injury to the work and/or materias before Settees final completion and acceptance, complete the work a, serves own expense and Io the moofstion of the Purchaser. When mammals and equipmenl ore famished by others for retaliation or eaectioo by the Seller. The Seller shall receive, uNoad, stove and handle same a, the site and become o spoeible therefor as through such mmmals and/or eq.ip., were being( ishad by the Seller under me out 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including man atural disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the store in which the work is to has 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 Iimin of at lea 5300,000 for any one person, 5500,0'x9 for any one accident and property damage limit per accident of S41WP00. The Sella shall likewise require his contractors, if any, to Provide fro such compensation and insurance. Before any of the ers Sellm his contractors employees shall do any work upon the premises of others, the Seller shall fumuh the Purchaser win a patificate that such compensation and insurance have been provided. Such cerd0eares shall specify the date when such mmpemation and insurance here been provided. Such ttni6wtes shall specify,he sae when such compensate. card imumnce expires. The Seller rupees that such compensation and iwurenee shall be mzintaloed until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibil try and liability for any and all damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold barriers the Purchaser and any r all of the Purchasers officers, agents and employees From laid again any and all claims, losses, damages, pharges or expenses, whither direct or name., and whether m persons or property to which the Purchaser ropy be put or subject by ¢awn of any act action, neglect, omission or ddaull on the pan of the Sella, any of his contactors, or any of the Sellers or mnaracmea mincers islaw or emplIces. In case my it or oUer proceedings shall he brought again the Purchaser, or its officers, agents or employees at any time on acmunt or by reason of any a0. action, neglect, omission or default of the Sella of any of his contmmors or any of its car doer officers, agents or employees as aforesaid, the Seller hereby agrees or .some the defense thereof and to defend she same., the Sellers own expense, to pay any and all cats, charges, momen s fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ufsuch suits or other proceedings, the Seller will at once cause the some to be dissolved cob discharged by giving bond or otherwise. The Seller and his contractors shall pace all safety precaution, famish and imull all guards necessary for the prevention of accidents, comply with all laws and regulations with regard ao safety including, but without limitation, Re, Occupational Safety and Health Act of 1970 and all roles and regulartow issued pursuant theca. Revised 03CO10