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HomeMy WebLinkAbout541357 CRIME POINT INC - PURCHASE ORDER - 9145842Fort Collins Date: 10/09/2014 Vendor: 541357 CRIME POINT INC 938 VERDULERA ST SUITE B CAMARILLO CA 93010 PURCHASE ORDER PO Number Page 9145842 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: 10/08/2014 Buyer: DOUG CLAPP Note: ref. SS 2014 Line Description Quantity UOM Unit Price Extended Ordered Price IP Periscope, Flex NVR RM 1 LOT LS 40,478.00 Installation pkg as per estimate # 4469 dated 7/8/14 Dept: Police Contact: Troy Miller Ph# 970-416-2585 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 Total Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TelTns and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By sectors the City of Fort Collins a exempt from sate and local axes. Our Exemption Number is I L NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Cenific ue of Registry 84-6000587 is registered with ,he Collector of Failure of the Pumhaur to insist upon diin performance of the temp and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutes 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 on ceprance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to most 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 any right of the damage in uansit, may be tenured to you for credit and are rot to be replaced except upon Rie pr of indoor purchaser to insist upon strut performance hereof., any of its rights or ran s ics as an any such goods, regardless instructions firm the City airport Collins. of when shipped, received or accepted, as to any prior m subsequent default hereunder, nor shall any prepared oral modification or scission of this purchase order by the Purchaser opens ss a waiver of any of the temrs Inspection. GOODS are subject o the City of For Collins inspection oa atonal. haeoL Final Acceptance. Receipt of the merchandise, u equipmentorequipmentreclaimsinreclaims to Otis order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. payme authorized nt on the pan of the City of Foe Collins. However, it is to be undersradat l then FINAL Seller and the Purchaser recognize Oat in actual economic practice, o erchanges resulting fora antormi, ACCEPTANCE is depended upon confidential of all applicable raluird inspection pncoubs. violation arc in fact bore by the Forensic Theretofore, for good cause and as consideration for executing this Purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hema0er Freight terms. Shipments nowt be TO B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or smut anatud laws for such overcharges reeding ,, We particular goods or services colors, ke specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ordeu bill must accompany invoice. Additimal charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the comrtry, shipment is expected from the nearest distribution paint in destitution, and excess freight will be dduoed from Invoice when shipments are made from greater distance. Permits. Seller stall procure at sellers sole car all necessary penults, cenificales and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political saW ivaion where the work is performed, or required by any other duly com,imred public authority havingjurisdiction over the work of vendor. Seller harbor agrees to hold the City of Fail Collins fic ric from and against all liability and lass incurred by their, by reason of an nsarted or established violation of any such laws, regulations, odllnonces, rates and requirements. Authorization. All pa ores to this comrec, more that the repnountatior, are, 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 terms and conditions sorted herein sal forth and any supplementary or additional semis and conditions annexed hareto or incorporated herein by reference Any additional or different ton w and c andtions proposed by seller me objected m and hereby rejected. 2, DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date to noted. Time is of the essence. Delivery and performance most be effbcl,d within the time soled on the purchase order and the documents coached herd.. No ids of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere and bolding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable mewl and wiffi ul its Paull of negligence, such it, of red, aces of civil or military nuthmitics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions wueing such delay is given to the Purchaser within five (5) dot's of the time when the Seller first received knowledge Berl In the event of any such delay, the also of delivery shall be ,n omded for the pmod goal to the time actually Ito, by reason of the delay. 3. WARRANTY. The Seller warrants thill all grads, articles, materials and work restated by this .,der will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pueposes intended, and Ixrfomred with the highest degree of rare and competence in accordance with accepted standards for work of a miksr more. The Seller agrees to hold the purelcnser harmless fmm any lots, damage or expense which the Purchaser may sulltr or incur on account of the Sellers breach of.1y. The Seller shall replan, Man or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pm.d of time as may be prescribed by law or by the tam¢ of any applicable warranty provided by the Seller after the date of acceptance of the goods fmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimm a waiver of any claim under this warranty. Except as onemiu provided in this purchae arch, the Sellers liability hereunder shall extend to all damages proximately refused by the breach of any of the foregoing wuttunties or guarantees, but such liability shall in no event include loss of prof ens or lass 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 I,ccl,emu by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Pmchnser may make any charges to the terns, other than legal terms, including addlfoas to car deletions from the quantities originally ordered in the sphifcations or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomame hereunder, an equitable adjustment shall be rude. 6. TERMINATIONS. The Purchaer may at any time by written charge order, .animate this aoeemem as to any or all punions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or nhaorials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods atwVm work, for incidental or consequential damages, and Wert no such ndjaument be made in favor of the Seller with spat to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations m to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for ndjmtmem sus, be msened wilhin thirty (30) days fmm the date the change or mrminatian is ordered. 9. COMPLIANCE WITH LAW. The Seller wanams that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance win all applicable laws and regulations If, which the goods ate subject. The Seller shall execute and deliver such documents m duty It, required to effect or evidence compliance. All laws and regulation required in be mcoepatated in agreements of this character are hereby incoepomred herein by this reference. The Seller agree to indemnify and hold the Purchaser, hvmless from all mots and damage suffered by the Pmchaser as a cull of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither parry shall assign, number, or convey this order, or any monies due or to become due hereunder wassail the prior wrinea consent of rise ofer party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of coy and all liens, restrictions, reservations. security interest mcumbmnces and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Franchiser duress the Sella to codcvI nonconforming or defects, goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller thesner indicates its inability or unwillingness a comply, the Purchaser may cause tire work to be performed by the most expeditious means available to it, and the Serve shall pay all costs associated with such work, The Seller shall release rise Purchaser and its contractors of any ties form all liability and claims of any nature resulting form the performance of such work. This relearn shill apply even in the eves of Easel, of negligence of the piney released and shall extend m the direnors,.mcers and employem.f arch party. The Sellers commetual obligations, including wvrranry, shall not be deemed to be educed, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Parchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngenrent at any time during the prmecmion or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment car per is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue ring said equipment or parts, replace the tome with substantially qml but noninflinging equipment, or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or hustee for any of the Sellers pmperry or business, this order may forthwith be canceled by the Purchaser Willmar liability. 16. GOVERNING LAW. The definitions of terms used or the inturprin ion off, agreement and the rights of all parties hereunder shall be constmed under and Wvemed by the has of the Sou ofColim d., USA. The following Additional Conditions apply only ie cases where the Sella is a pcR work hereunder including the services ofSelle s RepreunmtivIXs), on ace premises oforhers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in u of my accident, destruction or injury to the work and/or materials before Sellers fall completion and ruse'ance, complete are work at Sellers own expense and to the satisfaction of to Purchaser. Whom materials and equipment me fumahed by others for installation or erection by the Seller, the Seller sball receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under he .,do,, 18. INSURANCE, The Seller shall, at his own expense, provide for We paymrn, of workers compensation, including.ccuproarval distance therefor in its employees employed on or in constitution 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 tarty conhpmbhmive general liability including, but not limited to contractual and automobile public liability insurance with bodily injury and death limits of at Teat 5300,000 for any one person, $500,000 for any accident and property, damage limit per accident of S400,000. The Seller shall likewise require his vionfirrionsurs, if may. ro provide for such mmpematlon and insurance. Bet any of the Sellers or his conodctors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such eedfcams shall specify the date when such compensation acid insurance have been provided Such certificates shall apmi fy the date when such compensation and insurance expim. The Seller agrees that such compensation and insurance shall be maintained wail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and habit it, for any and all damage, loss or injury ofany kind or nature whatsoever to persons or prepmy cased by or resulting from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaser and my or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charger or expenses, whether direct or indimer and whether to persons or property 10 which the Ruchnsh may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his commcticm, or 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 officers, agents or employees at any time on account or by reason of any act action, neglect, omission or defad, of the Seller of any of his contractors or my of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the &to. thereof and to defend the same at the Sellers own expense, to coy any and all costs, charges, atomeys fees and othh expenses, any and all judgments that may be incurred by or obtained .gain, the Purchaser or say 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 obtained against the Properly of the Purchaser, or said parries in or ex is mull of such snits or other proceedings, the Seller will at once clan the use to be dissolved and discharged by giving bond or chemist. The Seller and his contractors shift rake all safety precaution, famish and install all goads naessary for the prevention of accidents, comply wild all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued Formul thereto. Revised 07n014