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HomeMy WebLinkAbout131664 LEXIS NEXIS MATTHEW BENDER - PURCHASE ORDER - 9145849PO PURCHASE ORDER 914584er Page City of PURCHASE 9145849 1 of z ' `-tCollins Thisnumber must appear ` on all invoices, packing sli s and labels. Date: 10/09/2014 Vendor: 131664 LEXIS NEXIS MATTHEW BENDER 136 CARLIN ROAD CONKLIN NY 13748-1531 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 10/09/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CO Peace Officers Handbooks Per invoice 63618338 9/25/14 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.wnn 1 LOT LS 7,585.20 Total Pay terms net 30 days 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 statute the City affront Collins is exempt from suite and local local, Our Exemption Number is I I. NONWANER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon srnet performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised StaNtes 1993, 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 of or payment for goods hereunder or approval ofthe design, shall not release me Seller of Coeds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of due to de@ens of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in Ransil, may be returned to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon stet performance hereof or any of its rights or remedies as A any such goads, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any poor 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 terms Inspection. GOODS are subject o the City of Fort Collins inspection on cancel. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response at this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of For Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antiRust ACCEPTANCE is dependent upon completion ofall applioablerequiredinspectionprocedures. violations etc in fact home by the Purchase,. Flatulence, fotr good cause and as consideration for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or state amount laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay Blight and charge separately, Ore ofiglnal fielght purchased or acquired by the Purchaser pumua,t m this purcM1ax anchor. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to deu menion, end excess freight will be deducted Crom Invoice when shipments are made ham greater distance. Permits. Sailer shall procure al sellers sole cast all ,ecionry permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, modify or political subdivision where the work is performed, or required by any other duly constituted public authority laving jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss enred by them by .,,on of morn d or established violation of any such Taws, regulations, ordinances, rules d an requirements. Authorization. All Runic, to this commit agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Ord,, expressly limits acceptance to the tents and conditions stated herein at fonh and any supplementary w additional terms and conditions annexed hereto or inewponted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jeered. 2. DELNERY. PLEASE ADVISE PURCHASING AGENT immduatly ifyou canner make complcre shipment to amve on your promised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time smtd on the pu¢base order cad the mcumems attached hereto. No acts of the Parchosers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In rile event of any delay, the Pumbasershall have, in addition to other legal and equitable remedies, the action of placing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall nor be liable for damages as a reallt of delays due to causes at reasonably foreseeable which are beyond its unnameable control and without its full of negligence, such acts of God, can of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the paned equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competitive in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may singer or new on aceoum of the Sellers breach of isAware, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults adding within one (1) year or within such longer pound of time as may be prescribed by law or by the terms of any applicable waramy provided by the Seller a0er the data of acceptance of the goods famished hereunder (acceptance not a be unreasonably delayed), rnullmg from imperfect or defective work done or materials famished by the Seller. Acceptance ar use of goods by the Dominion shall not constitute a waiver of any claim under this warranty. Except an otherwise pmvidd at this purchase order, the Sellers liability hereunder shall extend to at damages proximately caused by the breach of any of the foregoing aarandes or guarantees, but such liability shall in no event include loss of profils 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 tunics by written change order. S. CHANGES IN COMMERCIAL TERMS. The f—dowe, may make any changes m the temrs, or than least woos, maludinA addition, to or octalion, from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofper[ormance hereunder, an equitable adjlurmrnr shall be made. 6. TERMINATIONS. The Producer may at any time by written change order, terminate this agreement in to any or all portions of the goods then not shipped, subject W any equitable adjustmw t between the panics as to wry work or materials then in progress provided that the Purcheser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which we the Sellers smadood stock. No such termination shall relieve me Purchaser or the Seller of any of Ihcir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE W Il'H LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods ate subject The Seller shall execute and deliver such documents as may be required to effect m evidence compliance. All laws and regulations mqulyd an be nwTorntd in agreements of this character am hereby incorporated herein by this ram mve. The Seller agrees m indemnify and hold the Pufchare, harmless from all costs and damages suffered by the Dominion as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall resign, transfer, or caavey this order, or any monies due or to become due hereunder without the prior"far consml of the other patty. 10. TITLE. The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment materials, and items furnished in Respective of this agreement, face and clear of any and all liens, restrictions, reservation, seamy interest mcumbmaces and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to select nonconforming or defective goods by a data to be agrcd upon by the Pumh.,, it the Seller, and the Seller thereafter indicates its residue or uowilliwaim. to comply, Be Purchaser may cause the work as be performed by the ..at expeditious means available to it, and the Seller shall pay sill costs associated with such work. The Seller shall release the Pnrelrnser and its contactors of any tier from all liability and claims of any nature resulting ram the performance of such work. This release shall apply ,an in the event of fault of w,I,mwa of ],a party released and shall extend to the directors, oRcea and employees afsuch party. The Sellers contractual obligations, including warranty, 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 the Seller is required to use any design, device, maternal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such Renewed design, device, material or process in connection with the contain, mid shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mama of such infringement at any time during the prosecution 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 constibite infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noniufiinging equipment, or modify it so it becomm madnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a miniver or trustee for any of the Sellers property or business, this order may fan awith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms usd or the interpretation riffle ow,matnt and the rights of all panics hereunder shall be construed under and manned by the laws ofthe Stale of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, inaluding the services of Sellers Rres epwunive(d, on the premises wothers. 12. SELLERS RESPONSIBILITY. The Seller shall m y oa said work at Sellers own nets u It[ the same is fully completed and accepted, end shall, in use of any accident, destruction or injury to the work and/or materiels before Sellers final completion and acceptance, complete the work of Sellers own expense and to the satisfaction of the Purchaser. Whim dratemB and equipment are Finished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being f lured by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase arms, and/or to their dependents in accordance with the laws of he stare in which the weak is to be done. The Seller ,hall aim earn, vary a n—an. general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one Person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contracmra employees shall do any work upon the plarmses, of others, the Seller shall famish the Purchaser with a certificate dam such compensation and insurance have been provided. Such certificates shall specify the date when such camperismon and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, losa or injury wavy kind or nature whaboavef to pscram, or property caused by or resulting from the execution ofthe work provided for in this pucxwe order or in connection hOawidh. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charge or calumets, whether direct or indirect and whether an persons or primary to which the Purchmsv may be put or subject by reawn of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, 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 net, nation, neglect, omission or default of the Seller of any of his contractors or any of its or their officer, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers An expense, an pay any and all costs, charges, attorneys fees and other expenses, any and all 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 caw judgment or other lien be placed upon or obmind against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischergd by giving bond or otherwise. The Seller and his contractors shall mks all safety precautions, fmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 01R014