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HomeMy WebLinkAbout539813 COVERTRACK GROUP INC - PURCHASE ORDER - 9143843of Fort Collins Date: 07/08/2014 Vendor: 539813 COVERTRACK GROUP INC 8361 E GELDING DR SCOTTSDALE AZ 85260 PURCHASE ORDER PO Number Page 9143843 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: 07/08/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 INVOICE 7601 COVERT GPS APP. 24 MO SERVICES 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 9,835.00 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 I. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of Life terns 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 harem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or pa mial for grads hereunder or approval of the design, shall nor release the Sella of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of Lay right of be damage in ever, may be returned to you for credit and art not to be raland except upon receipt of carmen purchaser m iw¢t upon short performance herafor any of its rights or remedies as to any such goods, regardless instructions Gom be City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Inns Inspection. GOODS are subject to the City fFo. Collins inspection an mrnar hereof. Final 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 pan of the City of Pon Collins. However, it is to be understood but FINAL Seller and the Laminator recognize Char in actual economic positive, overcharges resulting from summer ACCEPTANCE is dependent upon completion of al l applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for exemting fis Purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be ROM, City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under fdeml or state smarms[ laws for such overcharges relating to fie particular goo& or services otherwise specified oa thisorder. Ifpermission is given to prepay lfeigf and charge sepormely, the original freight purchased or acquired by the Purchaser pursmne to this purchase order. bil I most mrommov invoice. Additional chances for functions will nor be accented. Shipment Durance. Where manufacturers have distributing points in various parts of the country, shipment is expected from be nearest distribution point to destination, and excess fight will be deducted from broader when shipments are made from g.,a diztance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of fc state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendur. Seller further agrees to hold the City of Fain Collins harmless from and against all liability Led lass incurred by them by r axim of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization All panic to this contract agree that be representatives are, in fact, bow ride and possess fall and omplae authority to bind said Pavia. LIMITATION OF TERMS. This Network Order expressly limit, acceptance to be terms aM conditions stand herein sit forth and any supplements or additional ittan and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery dale as noted.'I am is of the essence. Delivery and perf rinume, must be effected within be time stated on the purchase order and the documents attached hereto. No acts of the Pmchaers including, wifom limitation, severance of panad late deliveries, shall spent, is, a waiver of fis provision. In fie event of any delay. the Purchaser shall have. in addition to other legal and equitable remedies, fie option ofphcing fis order elsewhere aM holding the Sella liable fir damages. However, be Sella shall not be liable for darwga as a result of delays due to causes not reasonably f nceneable which art beyond its reasonable control and without its fault ofneglimarm, such acts of God, acts of civil or military, authonries, go ccourental pimities, fires, strikes, flood, epidemics, wars or rims provided fat notice of the conditions causing such delay is given to be Purchaser within five (5) days of fie time when be Seller fist received knowledge therrof In the neat of any such delay, the date of delivery shall be extended for the cand equal to the time actually lost by own. of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, matenals and wart crystal by Ws .,de, will coat.- with applicable drawings, specifirmimes, samples and/or other descriptions give., will be fit for the purposes inte.kd, and performed wif fie highest degree of care and mmpereme in acnmboom with accepted standards far work of a similar nature. The Sella agrees to hold be purchaser harmless from any loss, damage - expense which the Purchmear may suRa or inns on are.. of fie Sellers beeach of w—ly. The Sella shall replace, repair or make god, wifa d Lost W the purchaser, any defects or faults arising within one (1) year. within such longer peed of time as may be prescribed by law or by be terms of my applicable wananry provided by the Seller after fe date of acceptance of the goads furnished hereunder (acceptance not no be mormovwbly delayed), resulting from imperfect ar defective work done or materials furnishd by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte 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 pmximaely caused by the breach of any of the foregoing warranties or guaramrs, 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 TERh1S. The Purchaser may make changes to legal team by w'rihen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be tams, other than legal terms, including additions to or deletions from ,he quantities originally solaced in the specifi-tine, - dry-,,, by verbal or written change orde¢ If any such change oRecls the amount due or the lime ofperformance hereunder, an equitable adompaent shall No made. 6. TERMINATIONS. The Purchaser may at any time by isomen change Leda, terminate this agreement as to any or all Forums of the goods then not shipped, subject to any equitable djustment between the parties m m any work or materials then in progress provided far the Purchases shall not be Inside for any claims far anticipated Profits on the uucompletd panion of be goods mkor work, for incidental or consequential damages, and that no such adjustment ho made in favor offie Sella with spat to any goods which am the Sellers standard stork. No such mrnmemo ,shall r,limc the Purchaser or be Seller of any offelr obligations m to any goads delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or warainutim is ordered. 8. COMPLIANCE WITH LAW. The Sella ., fat all goods sold hereunder shall have been Introduced, said, delivered and furrdshed in shirt compliance with all applicable laws and regulations an which the goods are subject. The Seller shall offers, and deliver such do mm its as may be ramrod to effect in evidence camplia ea. All laws and regularions required to be inco"Ourd in agreements of this character eR hereby Incorporated herein by this reference. The Sella agrees to indemnify and hold be Purchaser hornless from all costs and damages suffered by the Purchaser Ls a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or W become due hereunder without the prior written convent ofthe other parry. ITTITLE. The Seller warrants hall, clear and umuestrica d fide no the Purchaser for all equipment, materials, sM items Itunishd in rrfmxmwc of fis agrecmend fora and clear of any end all lions, restrictions, reservations, sauriry interest encumbrances and claims of others. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchaxr dicars the Sella to coned nonconforming or defatire goods by a date to be agreed upon by fie Purehnser and! the Sella, and We Sella therwfta indicates its inability Or unwillingness to comply, We Ptuchua may cause the work IL be performed by the most expeditious memo mailable to it, Lord the Seller shall Pay sell costs assonmd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of Lay, nature resulting from be performance of such work. This release shall apply over in the event of fault of negligence of In, party released and shall extend to the directors, officers and employees of such parry. The Sellers conuaaml obligaime , including warranty, shall rot he deemed to be reducd, in any, way, because such work is performed or caused to be performd by be Purchaser. 14. PATENTS. Whir. fie Seller u "road I. use any design, desire, material or pass favored by Iona, patent, trademark or copyright, be Seller shall indemnify and save harmlrss the Purchmef from any and all claims for infringement by .,on of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purehmer far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time bring the prosecution or title, the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit hold to constitute infringement and the use of said equipment or pan is eojoind, the Seller sha1L at its own expense and at its option, either procure for the Purchaser fie right to continue using said equipment or parts, replan We same with substantially equal but noninGnging equipment, or modify it so it baomns mumaugh Bing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appabm a forayer or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definia.us.[tams used or the interpretation of be agreement and fie rights of all Wares hereunder shall be command order and governed by the laws of be Stare ofCalondo, USA. The following Additional Conditions apply only in cases where be Sella is m PMomm work hereunder, including be services ol'Sellers Representatise(s), on fie pm,misns of others. It. SELLERS RESPONSIBILITY. The Seller shall carry on Laid work at Seller's own risk Loral the same is folly eomplad and aceeptal, and shall, Last,in of my accident, destruction or injury to the work andor materials before Seller's final completian and acceptance, complete the work in Seller's own expense and m the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fum¢hd by the Sella under fie order. 18. INSURANCE. The Seller shall, at his own expense, provide for th, payment of wohers rempens unna, including reopentimeal disease benefits, to its employees employed on or in connection wif the work covered by this prmhase order, maker f their dependwts in accordance with the laws of be stare in which be work is to be done. The Sella shall also cart' comprehensive general liability including, but not limild to, contmetml and automobile public trial dry insurance with bodily injury and death limits of at Ivan 5300,000 for any one person. E500 000 far any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his if any, to provide for such mmpemation and insurance. Borne my of 0¢ Sellers or his contractor, employers shall do any work upon the premises of others, the Seller shall fmish be Purchaser with a certificate that such compensation and insurance have been provided. Such comficams shall specify the date when such compensation and insurance have been provided. Such cenificatrs shall specify be date when such compensation and instrame, expires. The Sella agrees far such compensation and insurance shall be mncraimd until after be 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., kind or nature whosoever an persons err property wised by or mistrial, from the execution of fie work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers olticas, age.¢ and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchases may he put or subject by reason of any act, action, neglect, omission or default on We pan of be Seller, any of his ceramicrs, Or any of be Scllers or contractors officers, agents or employas. In case any mir or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, Wglal, omission or default of We Sella of any of his contracors or any of its or Nei, once s, agents or employees of aforesaid, fie Sella hereby agrees m assume be defense thereof and m defend be same at the Sellers own expense, of pay any and all costs, charges, auomeys fees and other expenses, any and all judgments that may be incurred by or obtained against Life Purchaser or Lay of its or their officers, agents or employees in such suits or offer proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser, or said patios in or as a result o'such suits or other proceedings, the Seller will at once carom the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall no, all safety precautions, famish and immll all guards necessary for the prevention of mcidam, comply with all laws and regulations with regard to safety including, but without Imumlov, the Occupational Safety and Health Act of 1970 and all rates and regulations dosed pursuant Nano. Revised 032010