HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147400PURCHASE ORDER PO Number Page
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' `tChis number must appear
` Collins1 1 on all invoices, packing
sli s and labels.
Date: 12115/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
" CIS "
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 12/15/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Opticom Maintenance 2014
Inv. 66515 dated 1213/14
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.com
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
31,104.00
104.00
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 DETAI S.
Tax exemptions. By statute the City of Fort Collins is exempt fmm slate and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser he insist upon strict performance of the in. and conditions hereof, failure or delay IO
haarm I Revenue, Denver, Colnmdo (Ref. Colorado Revised Smmta 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify 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
Goods Rejected. GOODS REJECTED due m failure to men specifications, either when shipped or due to defects of
any of the warranties or obligations of this pumbra a order and shall not be deemed a waiver of any right of the
damage in transit, may be resumed to you for credit am art not to be replaced except upon receipt of written
purchaser to insist upon strict performance hamofor any of its rights or moral as an any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any partitioned
oral modification or rescission of this purchsse order by the Puchaser apeme as a waiver of any of the It.
Iaspeetion. GOODS are subject to We City effort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchardise, services or equipment in serpentine to this area coo result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be, understand Our FINAL
Sella and the Purchases recognize that in actual economic practice, ovars"ass, resulting from antitrust
ACCEPTANCE is dependent upon completion adult applicable requid inspection procedwas.
violations am in fact home by the Pmalminr. Theretofore nforr good eau% and as consideration for executing this
purchase oNer. the Seller hereby assigns to the Purchaser any and all claims it may now have or bereafler
Freight Terms. Shipments must be F..., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges calming to the particular goods or services
otherwise specified oa this order. 11'Permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit must accomoanv invoice. Additional chances for Packing will not be accepted
Shipment Distance. Where manufacturers have dust Luting points in various parts of the country, shipment is
expected form the rarest distribution point to deactivation, and excess fight will be, deducted from Invoice when
shipments are made how greater distance.
Parties. Seller shall pmcute m sellers sale .1 all masm, permits, certificates and licenses requid by all
applicable laws, regulations, ordirear a and roles of the suite, municipality, territory m political subdivision where
the work is performed, or required by any other duly constituted public authority harem, jurist iction over the wart
of vendor. Seller further agrees m hold the Ciry of Fail Collins hordes, from and against all liability and loss
incurred by them by reason of an asserted ear established violmion of any such laws, regulations, radiances, roles
.it requirements.
Authorization. All parties to this contract agree that the representatives arc, in fact bona fide and possess fall and
complete authority m bind said panic.
LIMITATION OF TERMS, This Purchase Unclear expressly limits acceptance to the teems and conditions stated
herein an forth and any supplementary or additional terms and conditions .nosed hereto or incorporated herein by
reference. Any additional or different terms and conditions pmpened by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
aimed on the purchase order and the documents attached hereto. No is of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall opeme as a waiver of this provision. In the event of any delay,
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 damages. However, the Sella shall art he liable for damages is a result of delays
due a alas not mamrebly formuct which sac beymad its reasonable control and without its fault of negligence,
such was o'God, acts ofciAl or military authorities, governmental priorities, f s, suites, Rood, epidemics, was or
riots provided that notice of the conditimns causing such delay is given to the Purchaser within Eve (5) days of the
time when the Seller Eta received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period egwd to the time actually last by reason oI the delay.
3. WARRANTY.
1'he Seller warrants that all goods, articles, materials and work covered by this order will cartoon with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and complete in accordance with accepted standards for work of a
similar rrere. The Seller agrees to hold the pumhaar harmless from my loss, damage or expense which no
Purchaser may suffer or incur on account of the Sellers breach of warmnry. The Seller shall replant, rtpair or make
good, without now in due purchaser, any defects or faults arising within one (1) Fear in within such longer portend of
time u may be prescribed by law or by the terms ofwy applicable wamnry provided by the Seller after the date of
acceptance of the goods punished herewder (acceptance not to ba communally delayed), resulting fmm imperfect
or defective work done or materials fum¢hed by the Seller. Acceptance or me of goods by the Purchaser shall not
constitute a waiver of coy claim under fix 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 the foregoing warranties
ar guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SIIALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes It legal tents by wriwcv change order.
S. CHANGES IN COMMERCIAL TERMS.
Thc Purehaan may make any cram. a on, rotate. weer Than legal memo, mcluding edditiom to m dnen re form
the quwtitia originally ordered in the specifiatiotts or drawings, by verbal or wLen change order. If my such
change affects the amount due or the time ofwafimmuce haommems, an equitable adjustment shall be made.
4. TERMINATIONS.
Ile Purchaser may at any time by written change order, lermiam this agreement as to any or all portions of the
gouda fen our shipped, subject to any equitable adjustment between the parties as to any work or materials fen in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion niche goods umber work, for incidental o consequential damagesand taut n such adjustment be made in
favor of fe Seller with respect to my goods which we the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofuny oftheir obligations as to coy goods delived bereuMer.
T. CLAIMS FOR ADJUSTMENT.
Any claim far adjunnrcm run be, armed within thins (30) days firm the date the change or automation is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations m which the goods we subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby inewporaed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser barnalacs form all arts and damages auf earl by the Purchaser u e result of the
Sellers failure In comply with such law.
9. ASSIGNMENT.
Neither party shill assign, transfer, or recovery this win. or any monies due or to become due hecaander without the
Prior written.,at of feather party.
W TITLE.
Ile Seller warrants full, clear and umesuicted title to the purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all ]into, restrictions, tarastions, security interest
encumbrances and claims ofafers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthn Purchaser direru the Seller an warted narsawfmming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pu¢baser
may arse the work m bar performed by tM most expeditious aceam w ailable m it, and the Seller shall Pay all
costs associated with such work.
The Seller dull release the Purchicar end its exatmtlors of any tier, firm all liability and claims of any nature
resulting firm the performance ofsuch work.
This release shall apply even in the event of fault of negligence or the party released and shall extend m the
directors, omcers cod employees of such Party.
Thc Sellers commenced obligations, including warranty, shall not be decmed m M duced, in any way, because
such work is performed w ..it an be perroeared by the Purcbmer.
14. PATENTS.
Whenever the Seller is required to use any design destia, mmerial ear process roved by fewer, patent, tmdemmk
or copyright, the Seller shall indemmnify cod save hamlow the Purchaser fmm coy and all claims for infringement
by reason of the use of such patented design, device, material or process in correction with the commit, and
shall indemnify the Practicer for any cost, expense or damage which o may No obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use .1 he goads, is in such sail held to constitute inMngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense cod at its option, either procure far the
Purchaser the right to continue using said equipment or parts, replace the mine with subnatizlly equal but
noninfringing equipment, or modify it an it becomes nonffringing
I S. INSOLVENCY.
If the Seller shall become insolvent or bwkmpt make an assignment for the benefit of aeducas, appoint a
conniver or puree for any of the Sellers propcny or huswcss, this order may foMwitb be aaueled by the
Purchaser viflum liability.
16. GOVERNING LAW.
The definilinns oin— ad or the imeryrctation ofahe agreement and the rights ofall parties hereunder shall be
construed under and govemad by the laws of the State of Colorado, USA.
The fallowing Addirioaal Condition apply only in Lases where da, Seller is m perform work ImmurNer,
including the services of Sellers Representativer(s), on the paemism of others.
17. SELLERS RESPONSIBILITY.
The Seller shall airy on said work at Sellers own risk unfit Ore come is fully completed and accepted, aid shall,
in use of any weident, destruction or injury to the work andor materials bcf Sellers final completion and
acceptance, complete the work at Sellers own expense, and to the satisfaction of the Purchaser. When materials
and equipment am fiunished by others for multilane. or erection by the Seller. the Seller stall receive, innlad,
store and handle same at the site and become responsible number in though such materials wakor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in correction with Ou work covered by this purchase order,
maker to their dependents in accordance with the laws of the state in which the work is to be, done. The Seller
Jwll also carry com othemive general liability including. but not limited In, contractual anal anomabile public
liability insurance with bodily injury and death limits of at least S3M.M for any ore person, 5500,000 for coy
acaidem and stoperty damage limit per accident of 5 R%li .The Sella shill likewise require his
eontractars, if any, to provide for such compensation and insurance. Before coy of the Sellers or his contractors
mployees shall do any work upon the premises of nfem, the Sewer shall Punish me Purchaser with a cnificate
that such compensation and insurance have been provided. Such certificate shall specify the date when such
amp rmation and insurance have been provided Such cenificmes shall specify the date when such compensation
and immune expires. The Seller agrees that such compensation card insurance shall be maintained until after me
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes me entire rupomibiliry and liability for any and all damage, lass or injury ofwy, kind
or retort wbanne er to persons or property aced by or resulting from due extraction offc work Frei for in
this purchase order or in connection herewitR The Seller will indemnify and hold harmlea the Purcha and my
r all of the purchasers officers, agents and employees firm and Wind any cod all claims, losses, damages.
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be at or subject by reason of any at, action, neglect, omission or default oa the pan of the Seller, any of his
awasemrs, or any of the Sellers or contractors effects, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, w its omcers, agents w employees at any time oa account or
by reason of any act, action, neglect, omission car default of the Seller of any of his conuactors or any of its or
their oRcers, agents or employees as aforesaid, me Sella hereby agrees to assume the defers therm( and an
defend the mine at the Sellers own expense, to pay coy and all casts, charges, attorneys fees and other expenses,
any cod all judgments fat 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 cue judgment in other lies be placed upon or
obtained against the property ofthe Purchaser, or said parties in or u a result ofsuch suits or outer proceedings,
the Seller will al once muse fe tame to be dissolved and discharged by giving bond nr mberwise. The Seller and
his contractors shall rake all safety precautions, burnish cod install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety, including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 07R014