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HomeMy WebLinkAbout263373 ELECTRONIC SYSTEMS INTERNATIONAL INC - PURCHASE ORDER - 9146242PO PURCHASE ORDER 914624er Page City. of 9146242 tofz ' `t Collins I I ns This number must appear V " on all invoices, packing sli s and labels. Date: 10/27/2014 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: 10/24/2014 Buyer: ED BONNETTE Note: PER CITY OF FORT COLLINS SERVICES AGREEMENT FOR DESIGN & INSTALLATION OF CAMERA NETWORK INFRASTRUCTURE FOR POLICE SERVICES SIGNED 10/24/14. Line Description Quantity UOM Unit Price Extended Ordered Price I Camera network/materials,frt Per CITY SA signed 10/24/14 2 Camera network/labor Per CITY SA signed 10/24/14 iyl (),4 v� 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 1 LOT LS 20,375.00 38,000.00 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 L COMMERCIALDETAILS. Tax exemptiom. By statute the City of Fort Collins is exempt (ram state and beet bees. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is milivered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 3986, 114 (a). Goods Rejected. GOODS REIF.CTED due to failure to mat specifications, either when shipped of due to defect of damage in transit, may he removed to you for credit aad are or an Its, replaced can upon receipt of written immections firm the City of Fan Collins. Inspection GOODS am subject to the City of Fon Collins Ba esaima oa annual. Fruit Acceptance. Receipt of the no rchandse, services, or alimpotent in respome to this .,it, can south an authoriand payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion fitI applicable required inspection procedures. Freight Teams. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fan Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay, freight and charge separately, the original freight bill must accomnanv invoice. Additional charges for mckine will not he accepted. Shipment Distance. Where manufacturers have distributing paints its anous pans of din country. shipment is capered firm the most dutribution point to destination, and excess freight will be dedumW firm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all accessary permit, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, temmry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hmmless from and against all liability and loss incurred by them by remain of an assemed or established violation of any such laws, regulations, ordinances, rules and requirement. AUOmriaatioa All parties to this contrar agree for the reprtunbriva are, in fact, bona fide and possess full and omple a authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the comes and conditions stated herein sr fomh and any supplementary or additional terns and conditions annexed herein in incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment an arrive on your promised delivery dale u noted Time is of O¢essence. Delivery and performance most be elf ted within the time stated on me mrrM1au order and the documents attached herein. No acts of the Purchases including, without Radiation, acceptance of partial Imo deliveries, shall apemm as a waiver of this provision. In fe e'in1 ofany delay, the purchaser shall have, in William m after legal and equitable remedies, the option affirming this order elsewhere and holding rise Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays due b anuses not seasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, tub of civil or military authorities, turammrnbl routines, fires, alrda,. hood, epidemics, wars a rims provided that notice of (tie conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actmlly last by reason of the delay. 3. WARRANTY. The Seller warrens Oat all goad, articles, grommets. zed work covered by this order will cant with applicable drawings, specifications, smnples anchor Offer descriptions given, will he fit for the Purposes intended, and Performed with the higheu degree of care and competence in accordance with aagoal standard for work of a similar nature. The Seller agrees m bold rise purchaser harmless firm any lass, damage or explain, which she Purchaser may suffer or incur on account of the Sellers breach of warranty The Sella shall replace, repair or make good, without cast to the purchaser, any defects or faults ansing within one (1) year or within such longer period of time as may be prescribed by paw or by Ne moms of any applicable warranty provided by the Seller net the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as ofawiu provided in this purchase order, the Sell. liability hereunder dull extend to all damages proximately caused by the breach of any of the foregoing warranties or grommones, but such liability shall in no at include loss of profits m loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change an legal coma by wdaen change orda. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, Other than legal turns, including ruklitions to or deletions from the quantities originally ordered in rate specification, or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hercuadr, an equitable Wjunmenr stall he more 6. TERMINATIONS. The purchaser may at any time by wrinem change offer, terminate this agacrncat as to any or all portions of the goods then not shipped, subject to any equitable adju4mcnt between the parties u 10 any work or maser als then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit Or me mrairi lned portion ofthe goods author work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with restrict to any goods which we the Sellers standard slack. No auch termination shall relieve the Pumh s er or the Seller of any oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asserted within thim (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant Nat all goods sold hereunder shall have ban produced, sold, delivered and fished in stnet compliance with alp applicable laws and regulations in which the goods arc subject. The Sella shall execute and deliver such documents as any be required to effect or evidence compliance. All laws and regulations wilm of m be incorporated 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 targeted by the Purchaser as a resull of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any moales due or m become due hereunder without the prior wham consent of the other Pool 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfoma rre of this agreement, free and clear of any and all lieu, morrinians, reservations, mainly interest encumbrances and claims of others. I I.NONWAIVER. Failure of the Purchaser to insist upon shirt perfoamnnce of the tomes and conditions hereof, failme or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach,tthe acceptance of or payment for good hereunder or approval ofthe design, shall not release the Sella of any of the warranties or obligatioex of this purchase order and shall not be deemed a waiver of any right of the purchaser to hadir upon inner Performance haeofor any of its rights or remedies rs to any such good, regardless of when shipped, received or receptd, as to any poor or subsequent default Fernandes, nor shall any puryormd oral modification at rescission of this purchase order by the Purchaser operate u a waiver of any of the terms hcnvf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pmchnser recognize that in actual mommic practice, ovachmges resulting from antitrust violations are in fact home by the Purchase, Theamfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaaer acquired under federal or state antitrust laws for such averchmges relating to the particular good or services purchased or acquired by But Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If Ne Purchases directs Ne Sella,. corm noraconScanning or defective goods by a date to be agreed upon by the Purchaser and she Seller, and the Sella NaraBa indiction; its inability a unwillingness m comply, the Pumhaaer may cause the work m he perfomtud by the ..it e.alaaf areas means mailable tut it, and the Sella shall Pay all coos assonarM with such work. The Seller shall release the Purchaser and its enmmmors of any her from all liability and claims of any room resulting foam the pert rmanev 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 parry. The Seller's contmcmal obligations, including warranty, shall not be deemed ro be rtdured, in any way, because such work 0 permitted or caused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all claims far infringement by reason of he use of such patented design, device, material or process in connection wiN the contract, 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 alter she completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is such suit held to constitute infringement and the use of said aggression or pan is enjoined, the Seller shall, al it own expense and at its option, either procure for the Purcbaser rate right to continue using said equipment or parts, replace the same with substantidly equal but noninfringing equipment, or modify it so it becomes nminfiingaog. 15. INSOLVENCY. If the Seller shall become insolvent or bmdmpt make an assignment for the barred of creditors, appoint e receiver err trnsme for ally of the Sellers pmpeny or business, Nis order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe appreciation anal the rights of all panic hermnder shall he vocational under and governed "a laws of the Some of Colorado, USA. The following Additional Conditions apply Dopy in cases where the Sella is an perform wort hereunder, including the services, of -Sellers Repreunbtiva(s), on the premises ofocem 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until rate same is fully completed and accepted, and shall, in au of any accident, destruction or injury to the work indoor materials before Seller's final completion and acceptance, complete the work at Seller's own expense marl to the satisfaction of the Purchmes. When mateaima and equipment aR f ishcd by orders for installation or erection by the Sella, the Seller slurp recdve, unload, there pad fds, same at the site and become responsible Nerefor as Hough such materials aoNa equipment were being fumisMd by Be, Seller under, the order. 18. INSURANCE, The Sella shall, at his own expense, provide for the ysyment of workers compensation, including occupational disease benefits, 10 its ani layvas employed on ar in connection with the work covered by this pumM1ase order, and/or to their dependents in accordance with the paws of the aam in which the work is to be done. The Seller shall also carry comprehensive general liability including, but rat limited to, amtmemal and automobile public liability msmance with hwlily injury and death limits of at ]east S300,000 for any one person, 5500,000 for any one accident and pmpeny damage limit Per accident of 5400,000. The Seller shall likewise require his contractors, if any, as provide for such comp randion and insurance. Before any of fte Sellers or his mntmaors employees shape do any work upon the premises of others, the Sella shall f ish the Purchaser with is cenifcam that such compensation road insurance have ban provided. Such cenifirma shall specify the date when such compensation and insurance have been provided. Such cifi fiates shall specify, the date when such compensation and insurance expire. The Sella agrees Char such compensation and insurance shape he manin inM writ after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and at I damage, loss or injury of my kind or nature whatsoever in persons or psaltery, caused by or resulting from the execution offe work provided for in this purchase order or in connection herewith, The Sella will indemnity and hold hmmless me Purchaser and any r alp of the purchasers, .Years, agents and employers from and against any aW apt claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or propmmy to which the purchaser may be put or subject by ... of any act action, neglect, omission or default oa the pan of the Sella, any of h6 ontmdors, Or any of she Sellers or conuaaors officers, agents or employes. In case any suit or Offer pmceNings shall be, brought against the Purchaser, or it officers, agents or employees at any time on account or by reason of any act, action, neglar, constants or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and 1p defend rate same at the Sellers own expense, to pay any and all casts, charges, vuomeys fees and other expenses, any and aR 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 case judgment or other lam he placed upon or obtained against the pmperry of the Puirhma. a said ponies an or as a result of auch suits or other proceedings, she Sella will m once cause line same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shape take all safety praautiom, f ish and install OR guard neessary for dw prevention of accident, comply with all laws aW regulations with regard Or safety including, but without Rotation, the Occupational Safety and Health Act of 1970 and all rapes and regulations issued pursuant thecem. Revised 01R014