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HomeMy WebLinkAbout263373 ELECTRONIC SYSTEMS INTERNATIONAL INC - PURCHASE ORDER - 9143991PO PURCHASE ORDER 9143991 Page City of PURCHASE 43991 t of 2 ' `t Collins/ his number must appear V " , 1 on all invoices, packing sli s and labels. Date: 07/1612014 Vendor: 263373 Ship To: POLICE DEPARTMENT ELECTRONIC SYSTEMS INTERNATIONAL INC POLICE SERVICES 3010 MALLARD DR 2221 SOUTH TIMBERLINE ROAD COLORADO SPRINGS CO 80910-2247 FORT COLLINS CO 80525 Delivery Date: 07/15/2014 Buyer: ED BONNETTE Note: PER INVOICE #24116 DATED 5/28/2014. Line Description Quantity UOM Unit Price Extended Ordered Price 2 LCD Monitors, Materials,Frt 1 LOT LS 8,450.00 Per ESI Proposal 3/04/2014 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.mrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is xxempr from internal local taxis. Our Exemption Number, is 98-04502. Fedeml Excise Tax Exemption Cedificde of Registry 84-60s10587 is registered wilh the Collector of Internal Revenue, Demer, Colorado (Ref. Colorado Revised Sutdes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in uansit may be returned as you far credit and art not to be replaced except upon receipt of women imuvctions than the City ofFort Collins. Inspection. GOODS arc subject to fire Ciry of Fon follow inspection on arrival. Final Acceptance. Ricaipa of the merchandise, services or ryutpment in response as Nis order aa ravish in authorized payment an the pan of the City of Fort Collins. However it is to be understood dal FINAL ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. Freight Toms. Shipments must be POD., City of End Collins, VW Wood St. rod Collins, CO 80522, unless sidarmiu specified on this order. If permission is given b prepay freight and charge separately, the annual freight bill dun accompany immice. Additional charges far Faking will and be accepted. Shipment Distance Where manufacturers have distributing points in common parts of me country, shipment is expected from the nearest distribution Point to destination, and excess freight will Ise deducted from Invoice when shipments are made foods goats disioner. Permits. Seller shall pman a at selless sole cost all necessary permits, certificates and in. removal by all applicable laws, regulations, oNinamea and rates ofthe state, municipality, territory or Political subdivision where me work is performed, or spiral by any other duly confined public authority bavingjmseliction over the work of vendor. Seller further agrees to hold the City of rod Collins harmless fmm and against all liability and lass incurred by them by reason of an xsseaed Or amblished violation of any such laws. regulations, ordinances, rates and r yuiremens. Authorization. All parties to this contract agree that the representatives are, in fact, bons fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to me bonds and conditions stated hereon set forth and any supple n sent, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery date as noted, lime is of tlm cwtun. Delivery and perfommom must be effected within she time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of paned late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in a dilio i t,, ,,he, legal vad calmoible remedies, the option afflicting this order elsewhere and holding the Seller liable for damages. However, the Seller shall at be liable I., damages as 0... aft of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts a(God, arcs ofcivil or military outhoizes, govemmemal primates, fires, strikes, fund, epidemics, wars err nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller firsa received knowledge thereof In the event of any such delay, the date of delivery shall be eaended for the period egad to the time actually can by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covereal by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for me purposes intended, and performed with me highest degree of care and coin ajour in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hamtleas from any loss, damage or expense which the Purchaser may suffer or incur on account of Ne Sellers breach of warranty. The Seller shall replace, repair m make good, without cost as the purchaser, any defects or faults arising wihin one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wo ratty provided by the Seller after the date of acceptance of the goods famished h meande, (acceptance nor to he Womanishly delayed), resulting from imperfect or friends, work done or mateials f fished by the Seller. Acceptance or use of good by the Purchaer shall not candidate a waiver of any claim under this warranty. Except as otherwise provided In this purchase under, the Sellers liability hereunder shall extend ao all damages proximately caused by We breach of any of the foregoing warranties or gWxmddm s. but such liability shall in no event include loss of pmfis or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may nuke changes to legal aemu by added change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes no tic arms, other than legal terms, including additions to or deletions fmm rise quantities originally ordered in the specifirdiom or drawings, by veNal or wrinrn change oNnif any such change aReds the amoutn due or the time of performance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at any time by warren ensure older, terminate this agreement as, to any or all portions of the goad then not shipped, subject to any equitable adjustment between she ponies as to any work or materials den in progress provided that the Purchaser shall no, be, liable for any claims ro, anticipated profits oa the uncompleted portion of the goad andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which ate the Sellers standard stock. No such wasumfon shall relieve the Purchaser or We Seller of any of their obligations in to any good' delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he msened within thirty (30) days from the dote the change or mmurntion is ordered. I. COMPLIANCE WITH LAW. The Seller wamans that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations ,, which the goods arc subject. The Seller shall execute and deliver such documents as pray be required to effect or evidence compliance. All laws and regulations r Mir rod to be incorpommd in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and ]told he Purchm.r harmless fmm all costs and damages suffered by the Purchaser as a resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written woven, .fine Omer party. 10. TITLE. The Seller warrants full, clear and interdicted title to the Purchaser for all equipment, mammals, and items forward in performance of this agreement, fine and cleat of any and all Itens, restrictions, reservations, security interest encumbrances and claims of orders. I I.NONWAIVER. Failure of the Purchaser to insist upon met performance of the terms and conditions hereof, failure or delay in examine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance nfor payment for goods hereunder or approval of the design, shall not releme the Seller of My of Ne warranties or obligations of this purchase order and shall .hot be deemed a waiver of any right of the pmchamr to insist upon strict performance hereof or any of its ngms or andedies as to any such goods, regardless of when shipped, deceived or accepted, as to any prior or subsequent default hereunder, nor shall any purported ore[ modification or rescission of this pmchase order by the Purehuer operate m a waiver of any of the lams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharge, m harge, resulting fmantitrust violations are in fact home by the Purchaser. Thernoforeafar good curse surd as consideration for extending this parachutist, maker, the Seller hereby assigns to the Pumhaser any and all claims it may now lame or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cement ndaonficand g or defective goods by is date to be agreed upon by the Purchaser and the Seller, and tic Seller thereafter indicates its inability or unwillingness ro romply, the Purchaser Way cause the work to he performed by the most expeditious meant available to it, and the Seller shall pay all toss associated with such work. The Seller shall release the Purchaser mad its conuxmrs of any tier from all liability and claims Of any destine resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to me directors, oMe— and employees of sdh pony. The Seller's summering obligations, including womanly, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever We Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hnmUess the Purchaser from any and all claims for infringement by reason of the use of such parented design, r[evice, mmerial or process in connection with the contracts and shall indemnify the Purchaser for any cost, expense 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 goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either procure far he Purehmer the right to continue using said equipment or pans, replace the same with substantially equal but noninfnging equipment, or madily, it so it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall became insolvent Or baNampt, duke an nssignmed far the benefit of cremours, appoint a or mosme for any of the Sellers property or business, this aide, may Indiana be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions oftenm used or the interpretation of the agreement and the rights Of all parties hereunder shall be, wowed under and governed by the laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work Immander, including the services of Seller Reprexnudivedif oa the premises nfoda rs. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work aaWor materials before Sellms I=] completion and acceptance, couple, the work at Sellers awn expense and as the satisfaction of We Purchaser. When mammals and equipment are Watched by others tar installation or erection by the Server. We Server shall receive, unload, sore and handle same in the site and become responsible therefor as though such mdtmals andor equipment were being famished by me Seller unclear the order. I& INSURANCE. The Seller shall, err his own expcou, Provide for the payment of workers mmpensarian, including occupational dr. named¢, as its emp[oyces employed on m in connection with the work covered by Nis P—re oNeq andor to their dependents in accordance with the laws of the state in which the work is Is be dine. The Seller shall also canny comprehensive general liability including, but not limited to, conti acnW and automobile public boundary imurunce with hudily injury and &orb limits of at lead S3WuO)0 for any one person S500pCO for any one acddeat and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his conmacmrs employees shall do any work upon the premises or offers, the Seller shall famish the Purchaser with a anlfcam that such comperraation and im ode, have been provided. Such certificates shall specify the doe when such compensmion and insurance have been provided. Such ce tificdes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire restancomility and hand try, for any and all damage, loss nr injury of any kind or nature whatsoever to persons or pmpety 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 harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission ar default oa the pan of the Seller, any of his contractors, o any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its olfens, agents or employees at any time on account or by mason of any act, action, millecl, omission or ddnal, of the Seller of any of his contortions or any Of its or their officers, agents or employees as aforesaid, the Seller hereby ogees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and al I costs, charge attorneys fees and the, expenses, any and .11 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 au judgment or other lien be placed upon or obtained against the property Of the Purchaser, or said parties in or as a result of such suits err Other proceedings, the Seller will at once came me same to h dissolved and discharged by giving bond or otherwise. The Seller and Ins contractors shall take all safety precautions, famish and install all gourd accessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Heald An of 1970 and all rules and regulations issued pursuant thereto. Revised 0712o14