HomeMy WebLinkAbout535910 LARIMER EMERGENCY TELEPHONE AUTHORITY - PURCHASE ORDER - 9146240PURCHASE ORDER PO Number Page
City of PURCHASE
9146240 1 of 2
F6r} Collins This number must appear
,�—,J`-' ` on all invoices, packing
sli s and labels.
Date: 10/24/2014
Vendor: 535910 Ship To: POLICE DEPARTMENT
LARIMER EMERGENCY TELEPHONE AUTHORITY POLICE SERVICES
380 N WILSON AVE 2221 SOUTH TIMBERLINE ROAD
LOVELAND CO 80537 FORT COLLINS CO 80525
Delivery Date: 10/24/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Radio Interface
invoice# 1008-01-2014
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
42,750.00
Total $42,750.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
age Order Terms and Conditions Page 2 Of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of For Collins is exempt f state and local axes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-64dai is registered with the Collector of
Integral Revenue, Denver, Colorado (Ref. Colorado Revised Suites 1973, Chapter 39-26. 114 (a).
Goods Rejected, GOODS REIECFED due to failure to meet sped fictions, either when shipped or due to defec¢ of
damage in transit, may be moment to you for credit and are not to be replaced except upon receipt of wig en
instructions from the City of Fort Collins.
Inspection. GOODS are subject a the City of For Collins inspeclion on anival.
Final Acceptance. Receipt of the merchandise, se resul or equipment in response to this order can t in
authorized payment cam the part of the City of Foe Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Teats. Shipments most be F.O.B, City of Fort Collins, 700 Wood St., For Collins, CO 80522, unless
otherwise specified on this Omer. If permission is given be prepay freight aura charge separately, the original freight
bill most accompany invoice. Additional charges for Puking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various Faro of the country, shipment is
expected from the nearest distribution Point to destitution, and excess freight will be deducted from Invoice when
shipments are made ❑oat gr,are, distance.
Pemtics. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and tales ofthe state, municipality, military or political subdivision where
the work is pragmatism, or required by any other duly constituted public authority havingjunt idiom over the work
of venfm. Seller fuller agrees to hold the City of Fog Collins harmless from and against all liability and loss
andcarreason
ed by them by son Of an wedged or established violation of any such laws, regulations, ordinances, rules
maimmmenu.
Authorization. All panim to this contract agree that the representatives are, in fact, bum fide ape possess bill ape
complete madmriry m bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits accepanre to the Is. and roMdimas sated
begin set forth ape any wpplamenury or additional terms Said car&.. amexed harem or incorporated herew by
reference. Any additional or ciiRereut tam¢ and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on year
promised delivery date as noted, lime is of the essence. Delivery and performance most he effected within the time
stated an the purchase Omer and the documents attached hereto. No acts of the Purchaws including, without
limitation, acceptance of paraial late deliveries, shad) claims, as a waiver of this provision In the event of any defy,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Order elsewhere
and holding the Seller liable for domuges. l luwever, the Seller shall not be liable for damages in a result of delays
due to caters not reasonably foreseeable which are beyond its reasonable mntml and without its fault of negligence,
such acts afGod, acts ofem d or military authorities, governmental priorities, fires, sakes, flood, epidemics, oars or
rims provided Jut notice of the conditions causing such delay is given to the Putchaur within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be
extended far, the period alml as the it., actually lost by reason of the delay.
3. WARRANTY.
The Seller wartants that all goods, articles, materials and work covered by this order will confotm with applicable
drawings, specifications, samples mdfr other desmptiom given, will be fit for the Inrposrs intended, and
Performed with the highest degree of ogre and competence in accordance with accepted sundarde for work of a
imilar ..,ar. The Seller ay m, to hold the purchaser hurmless Gom my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwananty. The Seller shall replace, repel, or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goads famished hereunder (acceptance not an be unreasonably delayed), resulting from imperf t
or defective work done or materials famished by the Seller. Acceptance or use of goat by the Purchaser shall not
omtimte a waiver of any claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of she foregoing warranties
or guoumees, but such liability shall in no evens include lost ofpmfits or loss of sew. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by widen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the rings, nlher than idyl term, including addition, to or deletion. from
the quantities originally ordered in the specifications or dmwinga, by verbal or wrilma change order. If any such
change aRects the amount due or the time of perfnnmmce hereunder. an equitable adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by wrium change order, terminate this agreement as to any or all predicts of the
goods then not shipped, subject to any equitable aljumment between the ponies as to any work or materials fen in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmfiU on the uncompleted
Portion of the goods and/or work, for incidental or connotations] damages, and that no such edjnstmem be made in
favor of the Seller with respect re any goof which are fe Sellers standard stock. No such .a... amH relieve
the Purchaser or the Seller ofw, of their obligations as m my goods delivered laggards,
]. CLAIMS FOR ADAUSTMENT.
Any claim for adjustment most be assured within fiery (30) days from the dam the change or mrmimuon is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warmn¢ that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and reguftions in which the goods arc subject. The Seller shall execute and
deliver such documents as maybe required to e0'ect or evidence compliance. All laws and regulations required to be
incriminated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a reach of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, traosfer, on convey this Omer, or my mawm due or to become due he rander without the
prim women consent ofthe other parry.
10. TITLE.
The Seller warrants far, dead add unrestricted title to the Purchaser for all equipment, materials, and items fntished
in performance of this agreement, face and dear of con, and all liens, resections, reservations, security interest
cncumbmncee and claims ofothers.
11. NONWAIVER.
Failure of the Purchaser to insist upon stria performance of the Is. and conditions herder, failure err delay to
exercise any rights or mnedies provided herein or by law, failure to promptly tartly the Seller in the saint of a
breach the acceptance of or payment for goads hereunder or approval ofthe design, shall not release the Seller of
any of the war antics or obligations of this purchase order and shall not be demand a waiver of any right of the
Purchaser to insist upon strict performance hereof or any of its rights or marshes as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
rem] mutt ficmion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hanxi
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser measure that in second economic practice, overcharges resulting from mandust
violations art in fact home by the Purehaser. Tbemofoae,for good cause and as consideration for executing this
purchase omen the Seller hereby acsigm to the Foreigner any and all claims it may now, have or hereafter
acquired under But or state imaging laws for such overcharges relating to the particular goods or arrvices
purchased or acquired by the Purchase pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dimeta the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the
Purchaser vad the Seller, and the Seller fereader indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
mqa ssme ...d with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liabiliry and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such pray.
The Sellers commetal obligr aiom, including warranty. shall ram be droned m be educed, in any way, because
such work is pcRo a ed or caused to be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, paint, trademark
copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far, infringement
by reason of fe use of such rumored design, device, nadim or process in is meclum with she comma, aad
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such
infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any part thereof or the intended use of the goads, is in such snit held to constitute 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
noninfringing equipment, or modify it so it becomes noninfnnging.
m INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or trustee for my of the Sellers property or business, this order may forthwith be combi by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the hirerpretation of the agreement and the rights ofall parties harecout shall be
consbued under and gevemed by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenutiods), on the premises rfothers.
17. SELLERS RESPONSIBILITY.
The Seiler shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work andfor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials
and equipment art famished by others for imullation or crocrum by the Seller, the Seller shall receive, unload,
stare and handle same err the rote am become responsible therefor as though such materials m i equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sella 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 order,
mNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also cony mmprehemive general liability including, but not limited to, commercial and anmmobile public
liabiliry insurance with bodily injury and death limits of at least S300,00) for any one person. S500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, in provide for such compensation and insurance. Before may of the Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall boarish the Purchaser with a cmificam
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and laumnce have been provided. Such certificates shall specify the date when such compenmtian
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
nitim work is completed ape accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hemby assumes the entire respoaibilky and liability for any and all damage, loss or injury ofmy kind
or atum whatsoever to persons or pumping caused by at resulting ficaus the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify seed Iwld harmless the Purchaser and my
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expemrs, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of my Out, when, neglect, omission or default on the pan of the Seller, any of his
contractor, or any of the Sellers or contractors officers, agents or employees. In man 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 my act, action, neglect, omission or de5ull of the Seller of any of his contractors or any of its tar
their o?cer , agents or employees as afnewid, the Seller hereby agrees to womme the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cos¢, charges, mmmeys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Pu chant or any of if 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 property of the Purchaser, or said pmies in or as a result of such suits or other proceedings,
Use Seller will at once cause the same or be dissolved and discharged by giving bead or otherwise. The Seller ape
his contractors shall take all safery precamic ns, famish ape install all guards armamer, for the Prevention of
accidents, comply with all laws and regulations with rental to safer, including, but without limitation, the
Occupational Safely and Health Act of 1970 and all tales ape regulations issued paramount thereto.
Revised 0i 14