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HomeMy WebLinkAbout540572 FLIR 360 SURVEILLANCE - PURCHASE ORDER - 9144542PO PURCHASE ORDER 914454er Page C117/ Of 9144542 1 of 2 F6r} Collins This number must appear //-",y`�`J'' ` on all invoices, packing sli s and labels. Date: 08/07/2014 Vendor: 540572 FLIR 360 SURVEILLANCE 4218 COMMERCE CIRCLE VICTORIA BC Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 08/07/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CCTV Server and Software As per quote #3915 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 5,433.12 Total $5,433.12 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terrns and Conditions Page 2 of 2 f COMMERCIALDEI'AILS_ Tax exemptions. By swum the City of Fort Collins is exempt from state and local taaa. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Calibrate of Registry 84-6000587 ex regilumal with the Collector of Failure 'firs" Purchaser to insist upon strict performance of the terms and mMition, hereof, refuse or delay to Internal Reecnue. Denver. Colorado (Ref. Colorado Revised Sfmta 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly writ' the Seller in the went of a breach, the acceptance ofor payment for goods hereunder or appmvf oflhe design, shall not relates. the Seller of Goods Rejected. GOODS REJECTED due to failure m men specifications, citha when shipped or due to deferes of my of the wilmmies or obligations of this purchase order and shall not b, decreed a waiver of any fight of the damage in rmnsil, may be retuned to you for credit and are tot to be replaced except upon receipt of written purdaser to insist upon strict performance bear or my of its rights or remedies as to any such goods,regardless instructions from the City affirm Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of fort Collins inspection on amval. 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 Fan Collins. However, it is to be understood that FINAL Seller and the Purchaer recagnize that in actual economic practice, overcharges resulting from antitrust ngood ACCEPTANCE is dependent upon completion of all applicable raptured inspection procedures. violations are in fact home by the Purchaser. Theremfore,nfor cause and as consideration for executing this purchase oNer, the Seller hereby assigns to die Purcham my and all claims it may now brave or hereafter Freight Terms. Shipments mart v F.O.B., City of Fan Collins, IN Wood St, Fan Collins, CO 80522, unless acquired under federal or score antitmn laws for such overcharges relating to the particular good or stoics otherwise specified on this order. If permission is given to prepay freight and charge separately. the origiwl freight purchased or acquired by the Pach aver pursuant In this purchase order. bill most accompany invoice. Additional charges for parking will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. WTere aunufactum, bast d'ubiloadng points in various pats of the country, shipment is If the Purchsstt dawn, the Sella to aspect nonwnfonning or defective goods by a dam so be agreed upon by the ex iceled fmm the interest distribution point m datination, aM excess freight will W deduced fmm Invoice ohm PmeM1aser and the Sella. and the Sella tbaeafla indicates its inability or unwillingness to comply, the Purchaser shipments are made from greener dabouto may muse the work to he Kirfomted by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, endurances and rates of fie stele, municipality, territory or Political subdivision where The Seller shall releaw the Purchaser and its contractors of any tier from all liability and claims of any nature the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work. of vendor. Seller number agrees to hold the City of Fort Collins homeless form and ogrimn all liability and loss ward by them by reason of an asserted or amblished violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the parry released and shall extend to the and requiremente directors, oifrers and employees of sorb party. Authorierion. All Limits to this contract agree that the representoives are, in fact bona fide and posse. full and complete authoncy to bind said ponies. LIMITATION OF TERMS. This Purchae Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incoryomted herein by reference. Any additional or different terra and conditions proposed 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 date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents awcard hereto No acts of the Purchasers including, without Indication, acceptance of partial late deliveries, shall operate a a waiver of this provision. In the event of any delay, the Purchaser shall box, in addition m other legal vad equitable remedies, the option of placing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due,, causes not reasonably foreseeable which arc beyond its reasonable cannot and without its faun of negligence, such acts of Gad, acts of civil or military arthritics, gavemmental priorities, fires, strikes, Ronk epidemics, wars or riots provided that notice of the conditions causing such delay is given fo the Purchaa within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the tide of delivery shall be extended for the period equal or the time armally last by reawn of the delay. 3. WARRANTY. The Sri,, wamnts drat all goad, ankles, .,an drawings. specifications, samples ardor other d performed with the highest degree of rare and re similar nature. The Sella agrees to held the put Purchaser may suRtt or incur on account of the Se ,good, without cost m the purchaser, any defects or time as may be prescribed by law or by the terns c liability hereunder shall extend to all damages pro. or guarantees, but such liability shall in no event in OR MERCHANTABILITY OR OF FITNESS FOR The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, m my way, Narrow such work is performed or caused to be performed by the Producer. 14. PATENTS. Whenever the Seller is acquired to uu my design, device, material or process covered by letter, patent, radereak or copyright, the Seller shall indemnify and save Emmless the Purchaser from my and all claims fan infringement by revwn of the use of such patented design, device, material in process in connection with the contract, and shall indemnify the Puch rna for my cost expense or damage which it rimy he obliged in pay by reason of such infringement d my time during the prosecution or other the completion of the work. In case said equipment, or my pan thereof or the intended we of the goods, is in such suit held to constitute infringement and the ux of said equipment or part is enjoined, the Seller sbar, at is awn expense and at its option, either procure for the Purchaser the right to continue sing said equipment or parts, replace the same with substantially cqml but noainfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imolvent or bankrupt, mike 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 Purchase without liability. 16. GOVERNING LAW. work covered by this order will conform with applicable The definition terrains used or the interymation office agreement and the rights of all parties hereumla shall he ion given, will b, fit for Ihe purposes intended, and constmedunder and govemedbythe hssofthe State ofColomdo,USA. in with elppin for work of a r. re a , or s,edis, a from damage or expense which the harmless , The followin Additional Conditions apply where the Seller ism work hereunder, K PP Y wry ht cases pttfOrm h of . Floss, reach ofwamanty. The Sellttshall replace, repair or make including the urvica of5ellcrs Rcprtsenwivgs), ov the premises afodtrs. arising within on,(1) year or within such longer period of, ❑SELLERS RESPONSIBILITY. iin, 1. ble warranty provided eel the Seller eft. the time of e, t tc tame delayed), resulting from imperfectI. .Hue Seller shall carry on said work at Sellers own risk until the same is fully completed and incepted, and shall, a r shall not err. Acceptance or use goods by the � amuse a of any acritical, destruction or injury to the weak maker matenals before Sellers final completion and order. pt otherwise provided this purchase order the Sellers acceptance, complete the work at Seller's own expense and to the antiabortion of the Primhaa, When materials a Of foregoing y caused by the breach f nd equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, many M WAR'annRANtursTY sol.sIsor loss arms. NO IMPLIED \VARRANTY ponsi b equipment store and handle same at the site and become rev ble therefor as though such materials and/or t ,ncn err awry were being fumisheJ by the Seller under fie oN.. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teas by worn change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the was, other than legal how, including additions to or deletions fmm the quantities, originally ordered in the specifications or drawings, by verbal or written change oNtt. If my such change affects the amount due or the time of performance brander, an egwlable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at my time by wdnen change oNer, terminate this agreement a to any o all pornof the , goods then not shippersubject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable tar my claim, for anticipated Froths on the imarameled panion of the good and/or work, fir incidental or consequential damages, and that no such adjustment be made in favor of the Seller with reaped to any goods which no, the Sellers standard stock. No such mnmination shall relieve the Purchaser or the Seller of my oftheb obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Haim (30) days fmm the date the charge or termination ex ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in inner compliance wi$ all applicable lawn and regulations as which the good are s.bjwL The Seller shall execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regulations required a he ncmpomed in ofmanenf of this character me hereby ineorpomted himan by this reference. The Seller agrees m indemnify and bold the Purchaser harmless fmm all costs and damages infrared by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall amen, transfer, or convey this order, or any monies due or to become due hereunder without the ,He, written consent fthe other parry. 10. TITLE. The Sella warrants full, clear and committed title to the Purchaser fir, all apuipmemt materials, and items famished in performance of this agreement, fan and clew of my mail all liens, restrictions, reservations, secunry interest encumbrances and claims ofotherw 18, INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compensation, including caupfional disease handles. to it3 employees employed on or in connection with the work covered by this purchase order, andfor to their dependems in accordance with the laws of the stare in which the wok is to he dare. The Sella shell also carry comprehensive general liability including but not limited to, comrmmal and amomobile public liability insurance with bodily injury and death limits of at last S300,000 for any one person, 5500,O00 fan any one accident and property damage limit pet accident of 5400,000. The Sella shall likewise raryire his contractors, if my, to provide for such compensation and announce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cevificate that such compensation and insurance base been provided. Such cer igates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees mor such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asun¢s the entire responsibility and liability for any and all damage, loss car injury of any kind or mature whatsoever to persons or property caused by or resulting Gum the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold larmless the Purchaser and any or all of the Purchaers officers, agents and employees farm and against any and all Asians, losses, damages, cbmgrs or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by eaon of my act action, ar had, omission or default m the pm of the Sella, my of his innumerous, or my of the Sellers or conmeemrs officers, agents or employees. In ease my suit or other proceedings shall he brought against the Purchases, or its officers, agents or employees at my time on account or by reason or my act. ration, neglect, omission or default of the Seller of my of his contmnors or my of its or their officers, agents or employees as aforesaid the Seller hereby ,as to assume the defense thereof and I. defend the same at Sellers own expense, to pay any and all costs, charges, momeys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or offered against the property of the Purchaser, or said panic in or as a result ofsuch sails or other proceedings, the Sella will at two cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety porrophons, famish and install all good necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limifrion, the Occupational Safety and Health Aid of 1970 and all toles and regulations Issued pursuant therefor Revised 09R014