HomeMy WebLinkAbout263373 ELECTRONIC SYSTEMS INTERNATIONAL INC - PURCHASE ORDER - 9147115City of
Fort Collins
Date: 12/03/2014
PURCHASE ORDER
PO Number Page
9147115 1of2
This number must appear
on all invoices, packing
sli s and labels.
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: 12/03/2014
Buyer:
DOUG CLAPP
Note: PER CITY OF FORT COLLINS SERVICES AGREEMENT FOR DESIGN & INSTALLATION OF
CAMERA NETWORK INFRASTRUCTURE FOR
POLICE SERVICES SIGNED 10/24/14.
ref. SS 2014
Line Description
Quantity UOM Unit Price
Ordered
Extended
Price
1 Security Camera/mat/freight
1 LOT LS
118,625.00
Per quote dated 11.24.14
reference quote dated 11/24/14
per Richard Castle
Materials - $113,500.00
Freight - $5,125.00
Labor - $27,000.00
total = $ 145,625.00
Contact: Mary Moore
ph# 970-221-6743
2 Security Camera/labor
1 LOT LS
27,000.00
Per quote dated 11.24.14
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.mm
Total $145,625.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By amwm the City of Fort Collins is exempt from anatomist local taxes. Our Exemption Number is
I I. NON WAIVER.
98-01502. Federal Excise Tax Exemption Ccnifcam of Registry 84-600058I is mgiuctM with the Collector of
Failure of the Purchaser m tuna, upon sme, performance of the terms and conditions hereof, failure or delay to
Interred Revenue, Denver, Colosado (Ref Colombo Revised Smmtes 1973, Chapter 39-26,114 (a).
exercise my rights or remedies provided herein or by law, failare to promptly notify the Seller in the event of a
breach, the acceptance ofor Payment f good hereunder or informal of the design, shall sort release no Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped in due to defects of
my of the wammties or obligatiorss of this purchase order and shall not be deemed a waiver of my right of We
damage in marent, may be common to you for credit and are nor to be replaced except upon mceipt of wrinm
purchaser to insist upon strict performance heenfor my of its name in mnonies as to any such goods, rounders
imlrtmons from the City OfFort Collins.
of whm shipped, received or accepted, as m any peter or subsequent default hereunder, tar shall my pumoned
oral modification or concession of this purchase order by the Purchaser operate to a waiver of my of the tamer
Inspection. GOODS art subject to the City ofFort Collins inspection on mival.
hereof.
Final Acceptance. Receipt of the merchandise, services; or equipment in response to this offer can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized Payment on the pan of Je City of Few Collins. However, it is to be understood Jost FINAL
Sella and tam Puchasm wogniu fast in actual economic pme ctim, ovcham mu ges resulting front
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations aft in fact home by the Purchaser. Theretofore, forgoodmum and as consideration for executing thas
purcham order, one Seller hereby assigns to the Purehoer my and all claims n may now have or hereafter
Freight Town. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or urvices
otherwise specifion on this order. If permission is given to prepay freight and charge separately, the origiwl freight
purchased or acquired by the Purchaser pursuant to this porch= - order.
bill most accompany invoice. Additional charges for packing will rat be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points its vma¢a pans of the country, shipment is
If the Pumhaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
expected own the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments am made from greater distance.
may mum the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Pamirs. Sella shall prows al actions sole in all accessary farmers, cortifrcam, and licenses required by all
applicable laws,regulations, ordinances and mles ofine one, municipality, terftory or political subdivision where
the work is paromred, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to bold the City of Fort Call ins hamdess from and against all liability and loss
marred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide end Frames hall and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order re,masly limits acceptance to the moms and wndiciorss sorted
herein set forth and my supplementary or additional team and conditions annexed herein Or inewpoasted herein by
reference. Any additional or diffbwt It. and c rmli new proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anive m your
promised delivery dam as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the docummer attached hereto. No rats of the Purchasers including, without
limitation, acceptance of panel late deliveries, shall operate as a waiver ofmis prevision. In the event ofany delay,
the Purchase shall have, in addition to other legal and equitable remedies, the option of placing this offer elsewhere
and holding the Sella liable for damages. However, the Seller shag sot be liable for damage ss is result of delays
due to causes not rrasombly foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, was ofeivil or military authorities, govefmnmml pnonties,f s, strdes, good, epidmries, wan or
hots Provided that notice of the conditions causing such delay 6 given to the Purchaser within five (5) days of the
lime whm One Seller first received knowledge thew[ In no evenl of my such delay, the &te of delivery shall be
extended for the period cgml to go time acnudly lost by rensoa ofthe delay.
3. WARRANTY.
The Sella warrants that all goods. articles. materials and work covered by this order will cant with applicable
drawings, sponflariom, samples andfor other descriptions given, will be fit for the puryoms intended, and
performed with the highest degree of one and competence in scoordance with accepted standard for work of a
similar nature. The Sella agrees to hold the purchaser henaleet form any loss, damage or expense which the
Purchaser may suffer or incur on amount ofthe Sellers breach ofwananty. The Seller shall replace, repair or make
good without cast to the purchaser, any defects or fault arising within one (1) year or within such longer period of
time as may be prescribed by law or by the morns of any applicable waran y provided by the Seller after the date of
acceptance of the goads furnished hrnunder (acceptance not m he unreasonably delayed), resulting from imperfect
or detective work done or materials fumishon by the Seller. Acceptance M use of good by the Purchaser shall not
constitute a waiver of any claim under this womanly. 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 the foregoing warranties
or gmmmees, but such liability shall in no event include loss ofprofrs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchase may make changes to legal terms by wnnen change soda.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the to=. other than legal terra, including additions to or deletions form
the quantities originally offered in the specifications or draw rip, by verbal or wrinrn change order. If any such
change affect the amount due or the fore of peffandm a hereunder, za ryvimble ndjtstmatt shall be made.
6. TERMINATIONS.
The Furchasm may at any time by written change order, terminate this agreement as to my or all portions of the
goad then not shipped. subject m any equitable adjustment between the panics as to any work or materials then in
peng.ess porvidon that the Purchaser shall not be Inside for my claims for rat id,wal prefer on the uncompleted
,onion ofthe goad maker work, for incidental or crosequeatial damages, will that no such ndjmtmmt be made in
favor ofthe Sella with reaped to any good which an the Sellers stmaa d smock. No such contribution shall relieve
one Purchaser or me Sella of my oftheir obligations an an any good delivered hereande.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjtmment most be ssrmcd within thins (3o) days from the date the cmange or termination is
oNaad.
8. COMPLIANCE WITH LAW.
The Seller cam arm that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and
deliver such documents as may be acquired to effect or evidence compliance. All laws and regulations required to be
incorporated in agreement of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the Purchaser for all equinmath materials, and items famished
in performance of this agreement, free and clear of any and all lieu, cesninious, reservations, security internal
encumbrances and claims of omens.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This nlese shall apply even in the event of fault of negligence of the pray released and shall extend to the
directors, mficen and employees afsuch many.
The Sellers conformal obligations, including warowly, shall not be deemed to be reduced, in any way, because
such work is performed] or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requlced to use any design, device, fmtmal or position covered by letter, patent, trademark
or copyright, one Seller shall indemnify and save harmless the Pmchaer from any and all claims for infringement
by no n of the use of such patented design, device, matmal or process in connection with one contract, and
shall indemnify the Pumhaur for any cos, expense in damage which it may be obliged to Ray by reason of such
infringement at my time during one prosecution or after the completion of the week. In exam said equipment, or
any pm therm( or the intended use of the good, is in such suit held to mmtimte infringement and the Ise of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, tither procure for the
Punka er the right to continue using said quipment or part, replace one same with substantially equal but
mninfn'nging equipment, or modify it as it becomes nminGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or hadmpl, make an assignment for the benefit of creditors, appoint a
meciver or trustee for my of the Sellers property Or business, this order may forthwith be canceled by the
Purchaser without holiday.
I& GOVERNING LAW.
The definitions oftemt used or fie interpretation ofthe agreement and the rights ofall paniw hereunder shell be
confined under and governed by the laws ofthe State ofColondo, USA.
The following Additional Conditions apply only m cases where the Seller is to Perform work hereunder,
including the services of Sellers Repremnativc(c), on the premises ofoders.
17. SELLERS RESPONSIBILITY.
The Seller shall cam, 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 anddor materials before Sellers foal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials,
and equipmem arc famished by Others for installation or erection by the Seller, the Seller shall wrive, unload,
stare and handle same at the site and become responsible therefor as though such materials andar equipment
were being furnished by the Seller under the order.
IS. INSURANCE..
The Seller shall, at his own expahm, provide for the payment of workers compensalion, including i ccupaional
dimare benefit, to its employees employed on or in mnrcction with the work covered by this purchase order,
armor to their dependent in accordance with me laws of the stem in which the work is to be done. The Seller
shall also carry wmprehmaive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of least 5300,0 W for any one person, S500000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewiu capture his
communion. if any, to provide for such compensations rod insurance. Before my of fire Sellers or his combustion,
employees small da any work now the premises of others, the Sella shall f ish the Purchaser with a certificate
that such compensation and insurance have been provided. Such calibrates shall specify ten date when such
compensation and insurance have been provided. Such certificates small specify the date whm such compensation
and imurmmce expires. The Sella agrees tat such mmpensaoon and imumme small be maintained until after the
more woJr is completed and accept
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby measures thic, entire responsbility and liabilityfor any and all damage, loss or injury of my kind
or nature whatsoever in persons or Import, gaud by Or napping from the execution ofthe wed Provided for in
this parehase order or in emmecton herewith. The Setter will aMetmdfy and bold hamlms the Pmchasa end my
or all of the Produc -T oRcers, agent and employees firm and against my most all claims, torsos, damages,
charges Or expenses, whether direct or indirect, and whether w persons, or property to which me Poindexter may
be put or subject by person of any rat ration neglect, omission in default on the pan of the Seller, my of his
mntmctors, Or any of the Sellers or commaram officers, agent or employees. In case my suit or other
proceedings shall be brought against the Purchown, or its oRcers, agents m employees at any time oa account or
by mason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of it or
their oRcers, ¢gems w employees as aforesaid, the Seller hereby agrees to assume the defense thewf and to
defend the same at Sellers own expense, to pay any and all cast, charges, attorneys fees and other expenses,
any and all judgments that may be incorrect by or obtained against the purchaser or any of its or their effects,
agents or employees in such suit or other proceedings, and in case judgment or Other lien be placed upon or
obtained against the property of me Purchaser, or said parries in or m a result of such suit or other pr«eedings,
the Seiler will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, f ish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursmm thereto.
Revised 07R014