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HomeMy WebLinkAbout449520 ADVANCED PUBLIC SAFETY - PURCHASE ORDER - 9146165Fort Collins Date: 10/22/2014 Vendor: 449520 ADVANCED PUBLIC SAFETY PO BOX 535208 ATLANTA GA 30353-5208 PURCHASE ORDER PO Number Page 9146165 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: 10/22/2014 Buyer: ED BONNETTE Note: ANNUAL MAINTENANCE FOR 10/12/14-9/2/15 PER INV 2085 10/17/14. Line Description Quantity UOM Unit Price Extended Ordered Price i QuickTicket Maintenance Agree Per Invoice 2085 10/17/2014 ref. annual maintenance period - 10/12/13 to 10/11/14 -$10,222.70 covers: 115 Quick ticket 2 SmartExport 115 SmartConnect Moore 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 10,452.54 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 1. COMMERCIAL DETAILS. Tax exemptions. By moral the City of Fort Collins is exempt from slam and local ..is, Our Exemption Number is 98-04502. Fednal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Ina med Revenue, Hanover, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to future in meet specification, either when shipped or due to deeem of damage in transit, may be renamed to you for credit and are not to h replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collin inspection on ar lval. Final Acceptance. Receipt of the merchandise, services m equipment in response to this order can result in authorized payment on the pan of the City of Fart Collins. However, it is to be madersmod Nat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tenn. Shipments must be TOM, City of Fon Collins, 700 Wood St., Too Collins, CO 80522, unless otherwise specified on this order. H permission is given to prepay freight and charge separately, ,he original freight bill tent accompany im'oice. Additional chmgn far packing will vow be accreted. Shipment Distance. Where Manufacturers have disthbuting points in varied pans of the country, shipment is expected from the cartel distribution Point to destination, and excess freight will be deducted gram Invoice when shipments arc made from lumber distance. Peanuts. Seller shall prowl at sellers sole cost all necesmry pevnits, certificates and licenses reamed by all applicable laws, regulations, ordinances and rules of the some, municipality, mmrory or political subdivision where Me work is performed, m required by any other duly commuted public amhoriry having jurisdiction over the work of ,We, Sella further agrees to hold the City of Fort Collin M1amlm from and against all liability and Ions incurred by them by reason of an named or established violation of any such laws, regulations, ordinances, rates and restatements. Authorization. All ponies to this contract agree that the rep ddratives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmntt ro the terms awl conditions added herein sat forth and any supplemenmry or addou al m. and conditions ewexut hereto or incorporated herein by refvhdwc. Any additional or different terms and condition proposed by seller are objected to and thereby mjmtW. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to trive on your promised delivery date as noted. 'I'ime is of the essence. Delivery and perf rmance must be effected within the time stated on the purchase order and the documents mashed hereto. No acts of the Purchners including, without limitation, acceptance of partial lam deliveries, shall operate us a waiver of this provision. In the event of any delay, the Puahazer shall have, in addition mother legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller dhdl not be liable for damages m a result of delays due to causes not ressoably foresaable which are beyond its reawcubic control and without its fault ofvegfgeree, such acts of God, acts of civil or military authorities, governmental ukardid, fires makes, Hand, epidemics, warsor riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first receive) knowledge thereof. In the event of any such delay, the date of delivery shall be exrmded far the peril yal to the time sdally lost by reason of fie delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable drawings, sperificatfon, somplas cracker other description given, will be fit for tie purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a simian nature. The Seller agrees to hold the purchaser harmless from any loss, damage Or expense which the Purchaser may suffer or incur on acwun, of the Sellers breach of warunty. The Seller shall replace, repair or make good, without cost to the purchmer, any defers or faults arising within one (1) year or within such longer Period of time m may be prescribd by law or by tie mrnt of my applicable conanry provided by the Seller after the date of accepmntt of the goods famished hereunder (azcewaae riot to Ise imperishably delayed), resulting from papered d or defective work done or mderials famished by the Sella. Acceptance or use of good by the Panama shall not constitute a waiver of coy claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of my of the foregoing wam um or guarantees, but such liability shall in no event include loss of profits or loss of us, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legd temp by wrinen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mmis, other ,hart legal mmss, including xddamns to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or wrten change orderIf any such change affects the amount due or the time ofperformand, latec omer, an equitable djnlment shall be made. 6.TERMINATIONS. The Purchaser may at any time by women change order, terminate Nis agreement n m any or all portions of the good then nor shipped, subject to any equitable adjustment between the ponies as to any walk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and dial no such adjntment be made in favor of the Seller with respect to any goods which art the Sellers standard stook. No such tarriation shall relieve the Purchner or the Seller ofany of their obligarian to m any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nsened wiffin thirty (30) days from the date ate change or am action is ordered. 8. COMPLIANCE WITH LAW. The Seller wmunts that all good cold hetunties shall have been produced, sold, delivered and f fished in strict dompliance with all applicable kvws and regulation as d which the gooart Sol The Seller shall execute cad eliver such dmument as may be requited m efrecl or aidence amplitude. All laws and regulation ram d to be ncomomaad in agreements of this dermal art hereby incorporated hcrtin by ,his refdeoce. The Seller agrees IM indemnify ad hold the Produced harmless from all cost mail damages suDercd by she Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or doway this Made, or any monies doe or to became due hereunder without the prior wriuen content of the other party. 10, TITLE. The Sella ..is full, dam and uaneso-icted title in thc Purchaser for all equipment, materials, and items famished in performance of this agreement, free and deaf of any and all liens, resmaiorn, reservations, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchase, ro most upon amid performance of the terms and conditions hnmL failure or delay to exercise any rights in remedies provided herein or by law, failure to promptly witty the Seller in the event of a breach, the acceptance arm myriad for goods hereurder or approval of the dasigr. shall rot rtlease den Seller of any of the wartmities or obligation of Nis purchase order and shall Out be deemed a waiver of coy tight of the purchaser in insist upon strict perfoamvu< hereof or any of its rights or remedies as to any such good, reppiless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my pumo red oral modi Edition or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms herwf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual ecowmic practice, overcharges resulting from w,a. violations are in fact home by the Feature, Theretofore, fog good cause and as conidemtion far executing this purchase Oder, the Seller bereby assign to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services purchned or ae,mori by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sell,, and the Seller thereafter indicates its inability m unwillingness in comply, the Parehner May cause the work to be perforated by the most expedition mean mailable m it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchner and its contractors of any her from all liability and claims of any new. resulting from the performance of such work. This release shall apply even in the event of fault of magllgewe of the Troy alend and shall extend m the directors, olticm and employees of such pony. The Seller's contractual obligations, including warranty, shall not be dinned to be reduced, in any way, because such work is perfirrned or caused to be performed by he Purchner. 14. PATENTS. Whenever the Seller is a,moxi muse any design, device, material or process covered by lerter, Indent, tddemaak or copyright, the Seller shall indemnify and save hvmlm Me Purchaser (rum any and all claims for infringement by reason of the use of such paremed design, device, material or pmeess in connection with the comma, and shall indemnify the Purchaser ter any coal, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosaution or oiler the completion of the work. In case said equipment, or my putt thereof or the intended we of the good, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fur the Purchner the right or socurnme to, mid equipment or pans, aeplaca the some with arbabrommily egal but .infringing equipment, or modify it m a becomes noninfricgiug. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an nsignmet for the benefit of creditors, appoint a or broom for any of the Sellers property or business, this Oder may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definition of terms used or Me inteprettion ofthe agreement and the rights ofall ponies hereunder shall be, conuued under and govnned by the laws of the Same ofColoado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represen Birds), on the premises ofothers. 19. SELLERS RESPONSIBILITY. The Sella shall carry w said work at Salley s awn risk umit the name is fully completed and accepaed, and shall, in case of my accident destruction Or injury to the work andlor mateeia0 before Sellers fool completion and acceptance, complete the work at Sellers own expense and in the satisfaction of the PuadM1mer. When materials and equipmrna are famished by others fir inmllation of median by the Seller, the Seller shall recrive, unload, store and handle same at ate site and become responsible therefor as though such materials andlor equipment were being famished by ate Seller under the order. 18. INSURANCE. The Seller shall, d his own expeme, provide for Me payment of mci m compemadioq including accupalioal disease hamlet, to its employees employed on or in connection wilt the work covered by this purchase order, dicker to weir dependent in accordance with the laws of the sate in which the work is to be done. The Sella shall also carry comprehensive general liability including, bur col limited to, contractual and automobile public liability insurance with bodily injury and death limits of at fast 8300,00) fir ntry one person. E500,000 for any one accident and property damage limit per accident of 54011,000. The Seller shall likewise acquire his contractor, if any, to provide for such compensation and inomem e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cenificam chat such compensation and insurance have been provided. Such cenifiman shell specify the date when such compensation and inurwce have been Dr.,tied. Such certificates shall specify the dare when such compensation and insurance expires. The Seller agrees that such compassion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes ate entire aceponibiliry and liability for any and all damage, loss or injury of any kind r aunt, whour arar to person or property, caused by or resulting from the execution ofthe work provided for in this—ba-order .,in connection herewith. The Seller will indemnify and hold harmlm the Purchaser and any r all of tie Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or propmy to which the Purchaser may he put or subject by reason of any at, action, healed, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In deal any suit or other proceedings shall tar brought against the purchaser, or its olEcers, agents or employees at any time on account or by reason of my act, action, smiled. omission or default of the Sella of coy of his contractors or my of its or Nei, oMcm, agent or employees n aforesaid, the Sella heads, agrees m assume the dder se d omeof and m defend the same at the Sellers own expense, to pay any and all costs, charges, atmmrys fees and other expenses, any and all judgments that may be incurred by or obtained again, the Purchaser or any of it or their officers, agent or employees in such suits or other p admi ngs, and in case judgment or other lien be placed upon or obtained against the property of the Purchner, or said panics in or as a result of such suit or other proceedings, Me Seller will at once muse the more to be dissolved and dischuged by giving bond or otherwise. The Sella and his conuarmax shall take all safety paecaution, furnish and install all guards necessary for the prevention of accidents, comply wilt all laws and regulator with ,egad to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulation issued pursuant thercm. Revised 07l2014