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HomeMy WebLinkAbout455745 CROWN POINTE TECHNOLOGIES - PURCHASE ORDER - 9143844CI�/ of t Collins( PO PURCHASE ORDER 914384er Page PURCHASE43844 ' of z This number must appear ` v on all invoices, packing sli s and labels. Date: 07/08/2014 Vendor: 455745 Ship To: POLICE DEPARTMENT CROWN POINTE TECHNOLOGIES POLICE SERVICES 17935 NW DEERCREEK CT 2221 SOUTH TIMBERLINE ROAD PORTLAND OR 97229 FORT COLLINS CO 80525 Delivery Date: 07/08/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 6/1/2014 PROPOSAL 2 DAY BASIC SKILLS MANAGER COU 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 4,570.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excibe Tax Exemption Certificate of Registry 84-6000589 is registered wilh the Collector of Failure of the Pushover to insist upon strict performance of the mars and conditions hereof, failure or delay to Interest[ Revenue, Denser, Colorado (Her Colorado Revised Sutures 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 ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spaificotiore, either when shipped or due to domets of Say of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in trmuit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hacofor any of its rights or remedies as to any such goods, regardless instructions form the City of run Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any paryoced oral modification or rescission of this purchase order by the Purchaser operate a a waiver of my of the terms Iw,crim, GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aufodzed payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Proxima recogrdze bar or actual m uric practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure, violations are in fan home by the Purchaser. Thernodde, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Eurehaer my and all claims it may now have or haea0er Freight Tema. Shipments most be F.O.B., Ciry of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the pmialar goods, or smica otherwise specified on this order. If permission is given to prepay freight and charge impudently, the original bright purchased or acquired by the Purchaser pursuant m this purchase order. bill must accompany invoice. Additional charges for puking will not be uaepted. Shipment Distance. Where manuf corers have disabusing points in various pares of the country, shipment is expected from Use nearest distributed paint to datiwtion, and excess Freight will be deducted from Imoim when shipmentt are made from gromer distance. Permits. Seller shall procure at sellers to cost all naessary permits, ttniied. and her. required by all applicable lows, regulations, ordinances and rules of the Note, municipality, territory or political subdivision where be work is performing or required by any other duly constituted public nmhoriry hating jurisdiction over the work of radar. Sella further agrees to hold the Ciry of Fort Collins hareal. from and against all liability and loss incurred by them by reason of m recorded or established violation of any such laws, regulations, indications, roles madrryuieemena. Andur action. All patties m this contract agree but the rtpreaentatives are, in fact. bow fide and pacsess full mad complete suronty 1r bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lerms and conditions stored herein sat forth and my supplementary a additional terms and couddiaw annexed hereto or incorporated herein by reference. Any additional or different urns and conditions proposed by seller art objected to ad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complex shipment to arrive on you prommsM delivery dam as noted. Time is of be essence. Delivery and perform. must as, effected wilin the time stated on the purchase order and be documents attached hereto. No acts of the Purchasers including, without limitation acceptance ofpsnial late deliveries, shall operate a a waiver ofthis provision. In the event ofany delay, be Purchaser shall have, in addition to order legal and equitable remedies, the option of placing this order elsewhere and holding be Seller liable for damag, hearten be Seller shall not be liable for damages as a resull of delays due to causes not execrably foreseeable which are beymk its rmsowble coal.] aml without its fault ofaegligenc4 such acts of Gad, ors of civil or military emharilies, govemmer ml priorities, fires, strikes, Hood, epidemics, wars or cots provided bat more of be conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge bean!. In the event of any such delay, the date of delivery shall Ira extended for the paned equal m be time actually lost by reason of the delay. 3. WARRANTY. The Seller enormous flat all goods, oracles, materials and work avered by this order will conform with applicable drawings, specifications, samples mNor older descriptions given, will be fit for the purposes intended, and performed wild be highest degree of can and competence in acwrdance wild accepted smndrd for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may toff or incur, oa account of the Sella. breach of warranty. The Seller shall replace, repair or make gad, woman cost to the purchaser, my defects or faults nursing within one (1) year or within such longer period of time as may be prescnbal by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the gads famished hereunder (acceptance not to be, unreasonably delayed), reaching from imperfect or daceme work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate 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 proximately caused by the breach of any of the foregoing warranties or guaranmes, but such liability shall in no event include loss affinities 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 written change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames, .,her than legal terms, including additives nr or deletions Team the quantities originally ordered in the specifications or drawings, by verbal or written change order. It any such change affects the ammnt due or the time of performance hereunder, an equiable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any ,, all punions of the goad then Or shipped, subjauo any equitable adjustment between the Forms as to any work or materials then in progress provided that the Purchaser shall not be liable fr any claims for anticipated profits on the uncompleted record of fe goods an&or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any of their obligations or W any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants ldut all good sold hereunder shall have ban produced, sold, delivered and famished in strict compliance wild all applicable laws and regulations to which the gad are subjet. The Seller shall execute and deliver such documents as may be required to effect or eidentt compliance. All laws and regulations required to be ncorporated in autonomous of this character are hereby incorporated herein by this reference. no Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sulfated by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trawfer, or a Ivey this order, or my monies due or to become due hereunder without the Prior wrinen consent ofbe office parry. 10. TITLE. The Seller women full, clear and umnacted fill, m be Purehees for all equipment, materials, and items f ishcl an parefternarrance of this agreement, f and clear of my and all limit, restrictions, reservations, sa my interest mcumbemees and claims ofothed. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumhuer directs be Seller to comet nonconforming or defective goods by a date to be agreed upon by be Purchaser and be Sella, and the Sella Hereafia indicates its inability or wwillingness to romply, the Purchases may cause be work m be perfomed by be most expeditious means available in it, and be Sella shall pay all costs associated wild such work. The Sella shall release flue Purchaser arrd its contractors of any tier from all liability and claims of any wnde resulting from the pafmmarce ofsuch work. This release shall apply even tan flue, event of fault of negligence of the pray released and shall extrdd to be directors, effects and employees of such Party. The Sellers abnormal obligations, including warranty, shall not be deemed or be related, in any way, because such work is performed or caused to be performed by be purchaser. 14. PATENTS. Whenever be Seller is minimal to use my design, desire, material a process rena d by letter, patent, trademark or copyright, be Serer shall indemnify and save hamrless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with be contract and shall indemnify be Purchaser for any cost expense or damage which it may be obliged to pay by assured of such infdngemum at any time during the prosaution or after be completion of be work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to cormumte infringement and the use of said equipment or pan is rejoined, be Sella shall, or its own expense and at its option, either procure for be Purchaa Use right to combue using said equipment or pans, replace the at wind substantially equal but nedunfir ing equipment, or modify it at it becomes did iafnt,ing. IS. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definihous of terms trsW or the interpretation ofbe agreement and be rights oral] ponies hereunder shall be consuued under and goveread by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including be services of Sellers Represenmtive(s), on be premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until be stone is fully completed and accepted, and shall, in c of any accident, destruction or injury to the work and/or materials before Sellers final completion and cceptance, complete be work at Sellers own expense and to be satisfaction of the Purchaser. When materials and equipment are famished by others for installation or accord by be Seller, the Seller shall receive, unload, store and handle same at the site and become rawnsible therefor as though such materials and/or equipment war being famished by be Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed oa or in connection with the work covered by this purchase order 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 carry car,chensive general liability including, but not limited to, contracNal and automobile public dialog iry insurance with bodily injury and death limits of at least $300,000 for any one person, s500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise require his ondard , 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, be Seller shall fum¢h the Purchaser with a cenificale that such compensation and insurance have been provided Such cenificata shall spaify the date when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and insurance expires. The Seller agrees that such compesation and iraurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby ammo the entire responsibility and liability for any and all damage, loss 0r injury army kind or nature whatsoever to persons or property caused by or resulting from be execution of be work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and my r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser may be put or subject by mason of my act, action, neglect, omission or default on be part of the Seller, any of his commands, or my of the Sellers Or contractors officers, agents or employms. In case my suit or other proceedings shall be, brought againt the penetration. or its officers. agents or employees at my time on ucount or by reason of any act, action, neglect, omission or default of be Seller of my of his contractors or my of its or their officers, agents or employees at aforesaid, the Sella hereby agrees to assume the defense flu of and to defend the same at be Sellers own expense, to Pay my and all casts, charge, attorneys f and older experises, my and all judgments that may be incurred by or obtained agaam be Purchaser or any of its a bar officers, agents or employees in such suits or older proceedings, and Or case judgment or order lien be placed upon or Obtained against the property, of be Purchaser, or said parties in or as, a maul[ of such suits or other proceedings, the Sella will at once cause the same to be dissolved and ducharged by giving hund or otherwise. The Seller and his contractors shall take all safety precautions, benumb ad instill all gourd naessary for the prevented of accidents, amply wild all laws and regulations with regard to safety mdudwg, but without limitation, be Occupational Safety and Health Act of 1970 and all rules and regulations resuM pursuant berem. Revised 03n0b)