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HomeMy WebLinkAbout406102 LEADS ONLINE - PURCHASE ORDER - 9146576Fort Collins Date: 1111012014 PURCHASE ORDER Vendor: 406102 LEADS ONLINE 15660 N DALLAS PKWY SUITE 800 DALLAS TX 75248 PO Number Page 9146576 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: 11/07/2014 Buver: DOUG CLAPP Note: PER INVOICE #226233 DATED 11/2/12. LEADSONLINE TOTALTRACK SERVICE PACKAGE RENEWAL 1/1/13-12/31/14. Line Description Quantity UOM Unit Price Extended Ordered Prim t TotalTrack Service for 2015 INV #230161 11/01/2014 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 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 I. COMMERCIAL DETAILS. Tax exemption. By dome the City of Fort Collin is exempt from state and local bases. Our Exemption Number is 11. NON WAIVER. 98-04501. Federal Excise Tax Exemption Cmifcam of Registry 84fi00p587 is registered with the Collector of Failure of the Purhasr to inisl upon strict performance of the corms sad condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided hereto or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Grist Rejected. GOODS REJECTED due to failure ro meet specification, either when shipped or due to defects of any of the warranties or obligation of this purchase order and alall not be deemed a waiver of my eight of the damage in nand, may , relamt to you for credit and are and or be replaced except upon receipt of wrinm purchaser to insist upon strict performance hereof., my of is rights or remedies as to any such goods, mourrea, irstmcuon fmm the City .f Fort Collins. of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any critic terms Inspection. GOODS are mijecuo the City ofFort Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in infamous, in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fiat Collin. However, it is in be understand] that FINAL Seller and Ore Purchaser recogtuu chat in actual economic Practice, overcharge, resulting from mtiuust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and AI claims it may now have or hereafter Freight Teens. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state contrast laws for such overcharges relating m the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased or acquired by Ore Purchaser pursuant to this parches, order. bill must armmnan t Invoice. Additional chains for narking will mot be accent. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Formal, Seller shall procure at sellers sole cast ell necessary permits, cmifimtes and licenses emidet by all applicable laws, roSulatlara, ordinances and bales of the state, municipality, teritory or political subdivision when the work is performed, or required by any other duly dead lared public authority h o ingj arodiene. .,or the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulation, understood, rules and nquieements. Authorization All parties to this contract agree that the representatives are, in fact, bona fide and possess fiul and complete authority la bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the tern and condition sated herein act fond and any supplementary, or additional toms and conditions annexed hereto Or ind epomted herein by reference. Any additiosl or different toms and condition increased by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery dam as noted. Time is of the examine. Delivery, and performance, most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Parchascrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition In other legal and equitable remedies, the option ofi lading this order elsewhere and holding the Seller liable for damages. However, the Seller shall rent be liable for damages m a result of delays due to comes not ree sowbly foreseeable which are beyond its reammble con,ml and without its fault of negligence, such acu of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or 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 received knowledge thereof In the event of any such delay, the time of delivery shall be extended for the period drozl to the time actually last by teawa of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Omer will conform with applicable drawings, sp cifirotions, samples and/., other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care amen comPeaded in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hurmless from any loss, damage or exist which the Purchaser may sufer or incur can account of the Sellers breach of.,y. The, Solid shall replace, repair or make good, without cost to the Purchases, any def Is or faults arising within one (1) year or within such longer peril 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 fumished hereunder (acceph-au no, to he umeawrmbly delayed), resulting from imperfect or defective work done or nos inim fumisht by the Seller. Acceptance or use of goods by the Pnchaee shall not dominate a waive( ofany claim under this warmly. Exuar, as otherwise provided in %is purchase one, the Sellers liability hereunder shall extend to all damages ruminantly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profis or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temn by wrinen change other. 5. CHANGES IN COMMERCIAL TERMS. the Purchaser may make any changes to the terms, other than it,[ toms, including additions so or deletiom from the quamitio originally ordered in the specirionime, or drawings, by verbal or wrinm change ordee If aay such mange affects the amount due or the time of performame hereunder, an equitable adjutment shall tv made. fi. TERMINATIONS. The Purchad may at say rime by wdmem change one,, terminate this agreement as m vny or all reunions of the goals then not shipped, subject to any equitable adjsunmt helwee. the parties as m any work or malerids then in progress provided that the Pnmchner aht not he liable for any claims for anticipate profits on the uncompleted Portion of the good major work, for incidental or consequential damages, and that no such adjustment be, made in favor of the Seller with respect to any goods which are the Sellers standard stock. N. such termination shall relieve the Purchaser or the Seller crony mftheh obligation as to any goak, delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be assured within thirty (30) days fi an the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder dull have been produced, sold, delivered and f isht in strict compliance with all applicable laws and regulalios to which che good sm subject. The Seller shall eeeeum and deliver such documents s may be required to effect or evidence compliance. All laws and regulation required to 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 cosh and damages su@rt by the Purchaser as a result of the Sellers failure b comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this other, o, any monies due or at become due hereunder without the Pro, as. consent of the older parry. 10. TITLE. The Seller warrants full, clear and mueshieded title to the pardoner for all equipment, masmals, and items fumisht in performance of this agreement free and clear of my and all lien, restrictions, reservation, security interest encumbrances and claims reahers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sel let to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Solid, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work in he performed by the most expedition means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the INrthwwr and its contractors of any tier firm all liability and claims Of any na rm resulting from the performance mfmch work. This release shall apply even in the event of fault of negligence of the Parry celeat and shall extend m the directors, officers and employees ofmch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or mused in he perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, nomad or process covert by letat patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the cantmc, and and indemnify the Purchaser for any cast, expertise Or damage which it may he mhli ual to pay by reason of such infringement in any time during the possession or aver the completion of the work. In case said apopmm, ar any pan thereof or the intended use of the goods, is in such suit held to consulate inGngement and the use, of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either produce for the Purchaser the right to continue using said equipment or parts, replace the stone with substantially equal but monlnGnging equipment, err modify it so it becomes aoninf immig. 15. INSOLVENCY. If the Sella shall become inolvent or loolavp, make nos assignment for Ne benefit of creditors, eppoim a ceium Or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definition ofterms rut or the interrcali.n of the agreement and the rights of all panics hereunder shall be construed under and gowmed by the laws of the Sam ofColorada, USA. no following Additional Condition apply ody in cases where the Seller is to perform work hereunder, including the services of5ellcrs Represenative(s), on the premises mfothers. IT. SELLERS RESPONSIBILITY. The Solid shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work major nationals bounce Solids final completion and acceptance, complete the work at Sellers own expense and sot the satisfaction of the Purchaser. When materials and ryair., are fumisht by others for installation an ant by the Seller, the Seller shill receive, unlmd. store and handle same at the site and become importable therefor as though such materials —Won equipment were being fnnishOl by the Seller under the order. 18. INSURANCE. The Seller shall, al his awn expense, pmxid, for the payment of workers cmmpenmtion, including rempasimal disease bmefis, to is employees employed on or in connection with the work davercd by this pumhaw order, and/or t0 their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry crmprehenive general liability including, but not limited to, eontractual and automobile public liability insurance with bodily injury and Math limits of at least AmpCO for any one person, 55ogtsW for any cote accident and property damage limit pus accident of S400,000. The Seller shall IOarvise acquire his cmanscroura, many, to provide for such mmpemation and insurance Before any nine Sellers our his commcmrs employees shall do any work upon the premises of olbers, the Seller shall famish the purchaser with a certificate that such com mmanon and insurance have been provided. Such certificates shall specify me dam when such compensation and insurance have been provided. Such mnifiests shall specify the dam when such compensation and insurance expire. The Seller agrees that such compertsauon and irssmmance shall be mainaint until after the entire .,it is complett and accept,. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mepomibility and liability for army and at damage, Ins or injury ofany kind or nature ism., person or property caused by or resuhingf the execution of the wok provided for in this purchase order or in connection herewith. The Seller will indemnify word hold hvmless the produced and any cr all of the Purchasers officers, agents and employees fmm and against any and all claim; losses, damages, harges or expenses, whether direct or indbml, and whether to persons or property m which the Pucham may be put in subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contradom, or my of the Sellers or contractors Ofcers. agents m employees. In exam any suit or other proceedings shall be brought against the Purchzrer, or its officers, agents or employees at any time mn account or by commit of any ad, action, utilized, omission or default of the Seller of any of his contractors or any arm or their officers, agents or employees as afiammid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costa, charges, avomeys fees and other expenses, any and all judgments that may he incurred by or obaiued agaist the Puuchaer or any of its or their officers, agents or employees in such suits or other proceedings, and in cse judgment or other But be placed upon or ebaint against the property tribe Purchase, or said parties in or as a result of such suits car other proceedings, the Seller will at once cause the same to be dissolved and discharge by giving bond or otherwise. The Seller and his cocoadors shall take all safety prmamion, fmish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Oc vytiowl Safety and Health Ad of 1970 and Oil sles vW regulation issut pursuant sheaths. Revised 072014