HomeMy WebLinkAbout156775 DONNOE & ASSOCIATES INC - PURCHASE ORDER - 9146474Fort Collins
Date: 11/05/2014
Vendor: 156775
DONNOE & ASSOCIATES INC
4720 DUCKHORN DR
SACRAMENTO CA 95834
PURCHASE ORDER
PO Number Page
9146474 1012
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: 11/04/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Sgt. Promotion Process 1 LOT LS 12,500.00
Per Order #2157 dated 10/29/14
Total $12.500.00
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
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. COMMERCIALDETAILS.
Tax exemption. By statute the City of Fort Collins is exempt from state and local macs. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry M 6000587 is registered with the Collector of
Failure of the Purchner to insist upon stria performanec of dire torma and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remW ies provided herein or by law, failure to promptly notify the Seller in the room of a
breach, the acceptance of or payment for goods hereunder or approval oGh. design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet sped ficalion, either when shipped or it., to defnss of
any of the warranties or obligations of this purchase Order and shall not be deemed a waiver of any right of the
damage N hand, may be rctumed to you for credit and arc not to W replaced except upon receipt of written
Purchaser to insist upon noted prommu ve hereof., any of its rights or mnedies as to any such goods, regmdlcs
instructions from the City of Fon Collins.
of when shipped, received or accepted, as to any no, or subsequent default hereunder, ear, shall any piespcou d
real modification at rescission of this purchase order by the Purchaser operate is, a waiver of any of the terms
Inpcmion. GOODS are subject t0 the City Of Pon Collin inspection on arrival.
hereof.
Final Acceptance. Receipt of the camAandise, services or e,apman, in response to this order can re ill in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized Payment on the pan of the City of Fort Collins. However, it is to be undemot that FINAL
Seller and the Purchaser overprice that in actual economic practice, overcharges resulting from antitrust
nde ACCEPTANCE is depent upon completion of all applicable required inspection proe. cedur
violations are in fact home by the Prominent, Th eretofore nfodr 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 hereafter
Freight Terms. Shipments must be F.O.D., City of Fort Collins, Too Wood St., pan Collins, CO 80522, unless
acquired under formal or state antitrust lawn for such overcharges relating to the particular goods or services
otherwise specified on this order. If pmnission is given to prepay, freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this pumhasc order.
bill must accompany invoice. Additional charges for Parking will rat be acceptor.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
have distributing points Nsarionpans country, shipment is
Shipment Dmcase Wheremanution
Prance Purchaserthreesthe Sella ncomanoncoin des or defectivegoods byadoe n be agreed upon by the
dof ethe
expected from case mates[ distribution point to distinction, and excess freight will be tledacrd f Invoice when
Poi
Purchase and the Seller, and the Shiery ea its inability or unwillingness m amply. the
shipments are made from 6reamr distance.
meaftect exile t] guy ll
may emcee the work to be by Ne moo expeditious means esailable to it, and the Sella stall WY all
orfomad
cows nsonated with such work.
Parmts. Seller shall procure al sellers sole cost all necessary prmtits, certificates and licerues requital by all
applicable laws, regulation, ordinances and rules of the state, municipality, tendroy or political subdivision where
the work is performed, tor required by any other duty remains led public nut army having jurisdiction over the work
of vendor. Seller further ages to hold the City of Too Collins bamas, from and against all liability and Ins
incurred by them by reason of an auened or established violation of any such laws, regulation, ordinances, rates
and requirements.
Aut curemon. All panic mr this comae, agree that the re uainn tadivc are, in fact, bon fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly Ifmids acceptance to she in. mnd condition smaed
herein set forth and any supplementary or additional terms and condition annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your
promised delivery date in noted. Time is of the essence. Delivery and performance must be elfectal within the time
salad on the purchase order and the documents attached hereto. No acts of the Purhhnes including, without
limitation, acceptance of ec rial late deliveries, shall opiate as a waiver of Nis provision. In the event ofany delay,
the Purchner shall foe, in addition b other legal and equitable readies, the option ofpiacm, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable contral and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wan or
riots provided Char notice of the conditions causing such delay is given to the Purchner within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the dime of delivery shall to
extended fr, the Had equal to the time acWally last by reaon of the delay.
3. WARRANTY.
The Seller wamnds that all goods, articles, materials road work covered by this order will conform with applicable
drawings, specification, samples md/m other description given will be fit for the purposes intended, and
peofomed with the highest degree of car and compnence in aemrdence with accepted standards for work of a
similar nature. The Seller agrees on hold the purchaser harmlca from any loss, damage or expend, which the
Purchaser nary R o ay sur incur on account of thfe Sellers breach i wamnty. The Seller shah o ll replace, repar make
good, wifl o n cost to the purchaser, any defects or faults mining within one (1) year or within such longer pent 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 goods famished hereunder (acceptance not or be unreasonably delayed), resulting from imperfect
or defective work don or mmmials f ishal by the Seller. Accepance or use of good by the Purchaser shall not
combine a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall earnd on all damages proximately reversed by she broach of any of the foregoing x.,I-
or guarantees, but such liability shall in an evem include loss ofpsafits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FfUst FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal It. by women change other.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, other than legal tere, including addition o a, deletion from
the 9uantair, originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall IN made.
6.TERMJNATIONS.
Tire Purchcer may as any time by written ,lunge order, mannersom inis agreement is to any or all promo of the
goods then not shipped, subject to any ryeitable adjustment between the ponies as to any work ar materials lthan in
progress provided thal the Purchaser shall not be liable for any claims for mancip imd profits on the uncompledi
portion of the goods indoor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any grads which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assumed within they, (30) days from die date the change or nomination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and furnished in sbicl
compliance with all applicable laws and regulation to which the good are subject. The Seller shall execute and
deliver such documents n may be required to effect or evidence compliance. All laws and regulations raluimd to be
corpoaded in egmicarr n of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmlcs from all costs and damages sulRrd by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, banker, or convey this order, or any monies due or to become der hereunder without the
prior written conam of she other party.
10. TITLE.
The Seller warns full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, Gee and clear of any and all liens, rem ictims, reservations, security interest
encumbrances and claims of.thers.
The Seller shall release the Puchaser and its contractors of any tier from all liability and claims of any nature
resulting from the perfummnce of such work.
This release shall apply even in rise event of fault of negligence of the party released and shall extend to the
direcmrs, onicars and employees of such party.
The Sellers contractual obligations, including wwrmrty, shall not be, deemed to be Federal, in any way, because
such work is Performed or caused to he performed by ale Purchase.
14. PATENTS.
Whenever the Seller is minicar] lone any design, device, matmal or process covered by letter, parent, trademark
or copy right. the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, malarial or process in connection with the enmo d, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obligal to pay by reason of such
infringement at any lime during the prosecution or after the completion of he work. In case said equipment, or
any pan them( or the intended use of the goods, is in such suit held to conlimte inGagement and she use, of
said aNipmcnt or pan is enjoined, the Seller shall, in its own expense end at its option. either prmae for the
Purchaser die right to continue using said tyuipmml or pans, replace der same with subsmmislly equal but
mninfiinging equipment, or modify it so it becomes rwninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or brown for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition ofterms used in she interpretation of the agreement and the rights ofall parties be manner shall be
contmd cnda and trimmed by the laws ofthe Since ofColoado, USA.
The following Additional Condition apply only in cases when ale Seller is in perform work hereunder,
including she service i f Seller,Representative(s), on the premises ofoncwrs.
12. SELLERS RESPONSIBILITY,
The Seller shall rury on said work in Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work undfor matmals before Sellers final completion and
acceptance, complee the work at Sellers awn expense and to the satisfaction of the Purchaser. When mmcdals
and equipment are famished by others for installation or erection by ale Seller, One Seller shall receive. unload,
store and handle same at the site and become resarc ble therefor an though such material, andfor ryuipment
were being fiunishd "a Seller under she order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compenation, including occuWtionl
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
amVor N their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
li ito immaze war Iwdily injury and death loans Tat least $JW,CW for any one pmoq 5500,000 for my
one accident and property damage limit Per accident of 540di". The Seller shall likewise requim his
0n,rdemrs, if any, to provide for such compemation and announce. Before any of the Sellers or his comeandoes
employees shall do any weak upon the presm. of others, the Seller shall famish the Purchaset with a certificam
Nat such c mpewtion and insurance have ber en pvided. Such aiGeat nas shall specify, the date when such
compensation and insurance have en provided. Such cenifcrin shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler 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 all damage, loss or injury of any kind
r mare whomever to person or property caused by or mulling from the execution Ofthe work Provided for in
this purchase, order or in connection herewith. The Seller will indemnify and hold Formless the Purchaser and any
r all of Ore Purchnars officers, agents and ernployees from and against my and all claims, losses, damages,
charges or expervea whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by ream of any act, action, ogled. omissa. or di frd, on the part of the Seller, any of his
contractors, or any of the Sellers or conmmors officers, agents or employees. ]a rune any said or other
proceedings shall be brought against the Puchaer, or its officers, agents or employees in any time an account or
by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as ammsaid, the Sella hereby agrees to assume the defense thereof and to
defend ale same at the Sellers own expense, to pay any and all casts, charges, avomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offli
agents or employees in such suits or other proceedings, and N eau judgment or mat lien be placed upon or
obtained against ale property of the Purchases, or said parties in or as a result of such soils or other peaceadings,
the Seller sill at once cause the same N be dissolved and discharged by gore, bond or rtheewiu. The Seller and
his contactors shall take all safety precaution, Burnish and intall all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard in safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto.
Revised 071 014