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HomeMy WebLinkAbout263373 ELECTRONIC SYSTEMS INTERNATIONAL INC - PURCHASE ORDER - 9146151Fort Collins Date: 10/22/2014 PURCHASE ORDER PO Number Page 9146151 1of2 This number must appear on all invoices, packing sli s and labels. 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: 10/21/2014 Buyer: ED BONNETTE Note: PER QUOTE TO MARY MOORE DATED 9 OCTOBER 2014 FROM RICHARD CASTLE. Line Description Quantity UOM Unit Price Extended Ordered Price Access card readers/matl,frt 1 LOT LS 4,475.00 per Quote 10109/2014 2 Access card readers/labor per Quote 10/09/2014 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.com 1 LOT LS 3,500.00 �-t 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Canificate of Registry 84-6000581 is registered with the Collector of Internal Revenue. Denvm, Colorado (Ref. Colorado Revised Samtes 1973. Chapter 39-26, 114 (a). Gaud RejectW. GOODS REJECTED doe to failure a race, specifications, enter when shipped or due no defects of damage in transit, may be reamed to you for credit and art not to he replaced except upon receipt of wxinen insinuations from be City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection oa and.l. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in authorized payment on be pan of to City of For Collins. However, it is to be mmMns,00d but FINAL ACCEPTANCE is dependent upon completion ofall applicable terminal inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fon Collins,'/00 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany immice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various puts of the country, shipment is captioned from the nearest distribution point an destination, and excess freight will be deducted from Invoice when shipments sm made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and roles of the sale, municipality, territory or political subdivision where the work is performed, or required by any other duly committed public autima ny having jurisdiction over the work of vendor. Seller fuller agrees to hold to City of Fort Collins harmless from and moron all liability and loss incurred by them by resso r of an msened or established violation of any such laws, regulations, mdimnar, rules and rryuivemenns. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess PoII and complete m,harity to and said panic. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance ,o the terms and conditions sated herein set Earth and any o pplememary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions promied by miler am objected no and hereby re vane. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely if you cannot make complete shipment to arrive ou your promised delivery date as noted, lime is of the essence. Delivery and performance must be effected within fe time stated on the push... order and the decummis attached Noel.. No act, of the Purchasers, including, wlf.m limitation, acceptance of porn[ late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacim this order elsewhere and holding fie Seller liable far damages. However, be Salle shall two ho liable for damages as a result of delays due to causes not reammbly foreseeable which are beyond its remmable control and wihout its fault of negligence, such acts of Gal, rats ofdvil or military, autheri ia, governmental priorities, fires, siddi Bond, epide ruts, wars or riots provided fat notice of the conditions musing such delay is given to be Purchase, within five (5) days of the time when the Seller first received knowledge fermi In the event of any such delay, be date of delivery shall be extended for the period equal to the time actually lost by reason ofhe delay. 3. WARRANTY. The Seller warmnns but all good, articles, materials and work covered by this outs will conform coif applicable drawings, spuifcariom, samples No, other descriptions given, will be fir for the parties. intended, and performed with ,he highest degree of care and compmarim in accordance with accepted sandards for work of a similar ..lure. The Seller agrees to hold be purchaser harmless Gom any loss, damage or expense which fie Purchaser may suffer or incur on account of fie Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to fie purchaser, any defects or faults miring within one (1) year or wifin such longer period of time m may be prescribed by law or by the terms ofany applicable waranty, provided by to Seller after the date of ammumm of the goods Pomished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mamas fumishM by the Seller. Acceptance or lase of good by the Purchaser shall not mutt rate a waiver ofany claim under this warranty. Eacept as otherwise Provided in this purchase maker. be Sellers liability hereunder shall emend to all damages proximately mused by the breach of any of fief going wermones or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes no legal auto Is, wo.en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than leg[ tames, including additions to or deletions from the qua miginnlly ordered in the ,pecilications ar dmwmi by verbal or change code, If any such change affects the amount due or the time of performance hereunder, an equitable adjmlmem shall be made. 6. TERMINATIONS. The Purchase may at any time by wriven change order, terminate this agreement m to my or all portions of the good fen not shipped, subject to any equitable adjmmmant beme,n be parties as to any work or materials then in progress provided that be Purchaser shall not be liable for my claims far anticipated profits on the uncompleted portion of the goods andror work, for incident or consequential damages, and that no such adjustment be, made in favor of the Seller with respect to any good which are the Sellers standard stock. No such m rrimmion shall relieve the Pumhmer one the Seller ofany of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim far hejmtmenn must be asunad wifin fiery (30) days from to Jute fie change or tcmtionfien is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goals are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he nompomad in agreements of this character sure hereby incorported herein by fls reference. The Seller agrees to indemnify cod hold the Purchaser hamlets from all costs and damages suffered by the Purchase an; a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign transfer, or convey this order, (it any monies due or to become due hereunder without he prior wrinen consent affe other party. Iff TITLE. The Seller wet 3 full, clear and umatricted fide as the Purehasen far ell equipmmt, mareriah, and it. fiuvished in penumat a of this agrennant free and clear of any and all Item, mstrieiom, reservations, security intern, encumb urce, and claims of others. 11. NONWAIVER. Future of the Purchaser to insist upon strict performance of the terns end conditions hereof. milme or &day to exercise any rights or remedies provided herein or by law, failure to promptly and by the Seller an the event of a breach, the acceptance fan paymm, far goods here earb r or approval offe design, shall tat release the Seller of any of the wamnties or obligations of this purchase order and shall not be, dremed a waiver of any right of be purchaser to insist upon strict performance hereafor any of its rights or remedies as to my such good, regardless of when shipped, mceived or zccepled, as to my prior or subsequent default hereunder, nor and any purpaned unit modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize rod in acnW er.ic practice, overcham. result., from andment 0.1atlom are in fun Nome by the Puref ea. Thereof eve, for gaol cause and as comidemamen for examning this purchase order, be Seller hereby assigns to be Purchaser my and all claims it may now have or hereana acquired under federal or stare antitrust laws for such overcharges relating to to 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 Salter a cortect nonconforming or defective goods by a date to be agreed upon by the Purchaser all fc Seller, and to Sella dounifta inn icnta its inability or unwillingness to comply, be Purchaser may cause the work to be performed by be most expedidom meas available to it, and the Sella shall pay all corns associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature madang Wm the performance ofsuch work. This release shall apply even in thc .cut of fault of negligence of he parry released and shall extend to the directors, oRcers all employees ofsuch pang. Ile Sellers comractml obligations, including womanry, shall not be deemed in be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lamer, patent, nmdmounk or copyright, the Seller shall indemnify and rave harmless the Purchmn from any and all claims for infringement by reason of the use of such pmmted design, device, material or process in connection with the commct, 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 be work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser be right to continue using said equipment or pans, replace the same with substaafially equal but mninfnging equipment, or nearly it so it becomes noninfn'nging. 15. INSOLVENCY. If to Seller shall become insolvent or baNrupt, make an resigmmrem for the hmefin of creditors, ep,I. a receiver or buster, for any of the Sellers property or business, this order may forthwith b, canceled by the Pr deaser without liability. 16. GOVERNING LAW. The definitions of terms used in fie interpretation of the agr,emem and be rights.full parties hereunder shall be ono med under and governed by to laws affe Sun, of Colorado, USA. The following Additional Conditions apply only in cases where to Seller is to perform work hereunder, including be services of Sellers Repreuntative(s), on to premises of others. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly completed and accepted, and shall, in case of any accident, dnwefion or injury to to weal: motor materials before Sellers Goal completion and acceptance, complete the work in Sellers awn expense and to tha smisfacdon of the Pubblese r. When materials and equipmmt are furnished by others for installationor action by fe Seller, be Seller shall receive, unload, more and handle same at the he and hemmer responsible tanager m rough such mancrials arri equipment were being famished by the Seller under the arder. I&INSURANCE, The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, as its employees employed on err m correction wit fie work covered by this purchase order, pauper to fair depencents in accordance with be laws of fie state in which be work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited a, contrvaml and automobile public Iiabiliry insarz a win, Nearly i jury and death limits of at least iD W,OW for any one person S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such om penmrma and insurance. Before any a fine Sellers or his contmears employees shall do any work upon the premises of others, be Seller shall famish the Purchaser will a cedificxte ,but such compensation and insurance Nave ben pmvii Such eenihcares shall specify fe date when such ampenm ear and immence, have been provided. Such certificates shall specify the date when such compensation and, insurance expire. The Seller agrees not such compensation and imurmce shall be maintained until after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or mare whomever to persons or property cemed by or resulting from to execution of be work provided for in ,his purchase order or in cmutmtim herewith. The Seller will indemnify, and held harmless be Purchaser and any r all of the Purchasers wEverrs, agmu and employees from and against my and all claims, losses, damages. charges or expenses, whether direct or iediran. and whether to persons or property, to which the Purchaser may be pas, or subject by reason of any etc,, action, neglect, omission or default on to pan of to Seller, any of his cuntmetors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, car its oRcers, agents or employees at any time on account or by eamn of any net, action, neglect, omission or default of the Seller of my of his contractors or any of its in their officers, agents or employees as aforesaid, to Sella hereby agrees to assume the defense ,seam( all to defend the same at be Sellers own expense. as coy any and all casts, charges, attorneys fees and offer expenses, any and all judgments that may he incurred by a, obtained against fe Purchmer or my of its or ,heir officers, agents or employees in such suits or other proceeding, and in case judgment or other lien be placed upon or obtained against the property efte Purchaser, or said parties in or m a result ofsuch suns m other pmc malre , the Seller will at once cause the mute to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for be prevention of accidents, comply with all laws and regulations with ,egard to safety including, but without limitation, be Occupafioml Safety and Health Act of 1970 and all roles and regulations issued possum, thereto. Revised 070014