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HomeMy WebLinkAbout482514 VISIONONE INC - PURCHASE ORDER - 9150171Fort Collins Date: 01/12/2015 Vendor: 482514 VISIONONE INC 6781 N PALM AVE, STE 120 FRESNO CA 93704 PURCHASE ORDER PO Number Page 9150171 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 01/09/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Per City agreement with VisionOne for Showare software. Line Description Quantity UOM Unit Price Extended Ordered Price i BLANKET PO FOR 2015 Lincoln Ctr Ticket Fees 2015 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 Page 2 of 2 L COMMERCIALDETAIIS. Tax memptions. By statute the City of Eon Collins is exempt from sure and local taxes. Our Exemption Number is 98-O S02. Federal Excise Tax Exemption Cer i0cahe of Registry 83-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Rd. Colorado Revised Statures 1973, Chapter 39-26, 1 If (a). Cords Rgwood GOODS REJECTED due to failure u men specification, either when shipped ar due to defects of damage in trwof may N rcturned to you per front and are rent to be mewed except ingest receipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject o the City of Fan Collins inspection an wood 11. N0NWAIVER. Failure of the Purchaser to insist upon surch pertomunce of the terms and conditions herwf. radius or delay to any rights or remedies provided herein or by law, failure to pmmpdy notify the Seller in the event of a breach the acceptance offer payment for goods hereander or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order arw shall out W deemed a waiver of any right of the purchaser to insist open smct performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subaquem default hereunder, nor shall any puryorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns, hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. wohpa red payment an the pan of the City of Fen Collins. However. it is or be understood Nat FINAL Seller and the Purchaser necoppice dim in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is determination upon completion of all applicable required increment procedures 691atioms arc in fact home by Nc Purchaser. Theretofore fur good rouse and as consideration for executing Nis purchase order, the Seller hereby afew,us to Ne Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O B., City of fort Collins, 700 Wood St_ Fort Collins, CO 80522. colas acquired under federal or state -an. laws for such overcharges neli ing no the particular Reads or services otherwise specified on Nis order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most mcompmv invoice. Additional charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing farms in various pans of the count, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution in, In dwrinatim, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made Earn greater distance may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where The Seller shall release fire Purchaser and its contractors of any tier from all liability and claims army nature the work is performed, or required by any other duly constituted public Monty having jurisdiction over the work resulting from the perforosawrofsuch work. of vendor. Seller funher agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in fire event of fault of negligence of me parry released and shall extend Ion the and requirements directors, officers and employees of such parry. Authonntion. All parties to this contract agree Nat the representatives are, in fact bona fide and possess full and omplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance le the terms and conditions eared herein set forth and my supplementary or additional morns and conditions mnexed herein or incorporated herein by reference. Any additional or differenuems, and conditions proposed by seller are objected to and hereby rcjex ad. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the asunce. Delivery and perftemarce most be effected within the time stated on the purchase order and the documents attached hereto. No acts of Ne Purchasers including without limitation, acceptance of partial Ise deliveries, shall operate as a waiver of this provisionto the evens of my delay, the Purchases shall have, in addition to other legal and equitable remedies. the option ofplacing 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 in causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligmce, such acts of God, acts of civil or military authorities, governmental prionsies. Gres, strikes, flood epidemics, wars or most provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge Nermf In the event of my such delay, the date of delivery shall be extended for me resod equal to the time actually Ion by reason of the delay 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will mnfxon 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 competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, wimoot cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the purchaser shall not constitute a waiver of any claim under this smarmy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warrnties or 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 SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERNIS. The Purchsser may make my changes to the terms, other than legal remit, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinen change order, terminate this agreement as to my or all portions of the gads then not shipped, subject to my equitable adjurnnmt berweten me parties as to my work or materials then in progress pmvded Nat Nc Purchaser shall eta be liable for my clams for anticipated profits on the mcompined portion of the goads mNor work, for incidental or consequential damages, and that no such adjustment be made in favor of me Seller with respect to my goad which are the Sellers standard stock. No such commission shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assented within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shill 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 documms as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Irmsfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. Io. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in pertormance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of.dmO. The Seller's contractual obligations, including warrants, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. Iq. PATENTS. Wherever the Seller is required to use my design, device, material or process covered by letter, patent, trademark r copyright the Sel ler shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection win the contmn, and shall indemnify the Purchaser for my cash, expense or damage which it may be obliged to Pay by reason of such infringement at my time during me prosecution or afar the completion of the work. In case said equipment or my pan therm( or due intended use of cite good, is in such suit held to constitute infringement and the use of said equipment or con is enjoin { me Seller shall, at its own expmat and at its option, either procure for the Purchaser Ne night to continue using said eqwpmenl or pans, replace flue same with whsantially equal but noninDinging equipment or modify it of, it becomes coninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or borough, make an assignment for the benefit of commer. appoint a receivenr or trustee for my of the Sellers property or business, this order may foMwlN be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(sy on fire premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work mdbr materials before Seller's final completion and acceptance, complete me work at Seller's own expense and to me satisfaction of the Purchaser, When materials and equipment are fumished by others for installation or erection by the Seller, me Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19.1NSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefirs, to its emplovees employed on or in connection win the work covered by Nis purchase order, andror to their depmdenrs in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehmsive general liability including but not limited W. contractual and automobile public haturY insurance win bodily injury and death limits of at least S300,000 for my one person, k500. M0 for my one accident and pnmarry, damage limit per accident of 8g00.= The Seller shall likewise require his conttactors, if any, to provide for such compensation and insurance. Before my of Ne Sellers or his contractors airplay. shall do any work upon cite premises of otters, the Seller shill furnish Ne Purchaser win a cent that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees Nat such wmpeearion and insurance shill be maintained mail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or a1 of the Purchasers oRcers, agents and emplovees form and lower my and all claims, losses, damages, charges or expenses. whether direct or Indirect and whetter to persons or property to which the Purchaser may he put or subject by reason of my tut action, neglect omission or default on the pan of the Seller, my of his mntranors, or my of the Sellers or wntracmrs oRcers, agents or employees. In case my suit or other proceedings shall be brought against me Purchaser, or its officers, comms or employees at my time an account or by reason of any act, anion, neglect, omission or default of the Set let of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Ne defenx thereof and or defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such scars or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said pasties in or as a result of such suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contrarian, shall take all safety precautions, furnish and install all guard necessary for die 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 rules and regulations issued pursuant therein. Revised O7I2014