HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS INC - PURCHASE ORDER - 3215316PURCHASE ORDER 321531 Number Page
PO
City Of 215316 1012
' `t Collins ollins This number must appear
1 on all invoices, packing
�slips and labels.
Date: 0111312015
Vendor: 284919
ECONOLITE CONTROL PRODUCTS INC
3360 E LA PALMA AVE
ANAHEIM CA 92806-2858
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Video Detection Repair
1 LOT LS
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.
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
10,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tenns and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By s mpte the Ciry of Fon Collins is exempt fmm,rare and local taxes. Ow Exemption Number is
I L NONN'AIVEK
98-04502, Federal Excise Tax Exemption Cad ificem of Registry 84-600587 is registered wiN the Collector of
Failure of Ne PuaAvar to insist upon under peAbmwee of Ae tams and conditions hereof. failure ar delay to
Intemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 fa)
exercise any nghw or remedies prouded herein or by law, failure to promptly nett fy the Seller in the event of a
breach, the acceptance ofor payment for goads hereunder or approval of the design, shill not release the Seller of
Goods Rejected. GOODS RMECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wartenties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit. may be trimmed to you for credit and are trot in be replaced except upon receipt of written
purchaser m insist upon spirit par ormance hereof or any of in rights or remedies in many such goods, regardless
instructions from fe City of Fog Collins.
of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any puryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms
Inspection. GOODS are subject to the City ofFort Collins inspection on arrival.
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authonsed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller end the Purchaser recognize than in actual economic practice overcharges remus lting from antitrt
ACCEPTANCE isdependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore forgoodcause 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 KO B , City of Fog Collins, 700 Wood St, Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order.Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser poduanuo this purchase order.
bill must accompany invoice. Additional charges for packing will rot be accep[ed.
13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Disana. Where manufacturers have dummung points in various pate of the Order". shipment is If the Purchaser directs the Seller to examen mnwnforming Or defective goods by a daze he be agreed upon by the
expected from the despot distribution ,in to destination, and excess freight will be deducted! from Invoice when Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply, the Purchaser
shipments are made from greater distancemay cause Me work to be pew pm al by the most expeditious means available go it and the Seller shall pay all
enae ae neiwed with cneh work
Permits. Seller shall procuee at sellers sale cost all necessary permits, certifcats and licenses required by all
applicable law, regulations, ordinances and odes of the sure, municipality, territory or political subdivision where
the work is performed, or required by any other duly consigned public audience having junsdinion over the work
of vrndor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
endmtied by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
requirements.
Authorization. All probes to this contract agree that the representatives are, in fact, bona tide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teens and conditions stated
herein set Forth and any supplementary or additional terms and renditions annexed hereto or incorporated herein by
reference. Any additional or drffment terns and conditions pro sisd by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT itnmedimely if you cannot make complete shipment to some on your
promised delivery date as rated. Time is of the asedce. Delivery and pedoro mce musr be eRecred within the gime
stated on the purchase order and the documents atuched hereto. No xca of the Purchasers including, without
limitation, acceptance offends] laze dellvene, shall operate in a waiver of Mist 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 Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and withom its fault of negligence,
such acts of Gad, acts Of civil or military authorities, governmental pnonow, fires, strikes, food epidemics, wars or
rims provided than 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 thereof In the event of any such delay, the date Of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrmis that all goods, articles, materials and work covered by this order wail conform win applicable
drawings, specifications, samples murder other descnpuom given, will be fit for the purposes intended, and
performed with the highest degree of care and vengeance in accordance win accepted standards for work of a
similar nature. The Seller agrees in held the purchaser harmless from any loss, damage or expense which tie
Purchuer may suffer or incur on account of the Sellers breach of wamars, The Seller shall rrylace, repair or mal:c
good, w thmut cost to the purchaser, any defecu or ftilts arising within one (1) year or within such longer period of
time as may be presented by law or by the germs of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to bd unreasonably delayed), residual firm imperfect
or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of my claim under this wamanry. Except as otherwise provided in this purchase order, tie Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of in. foregoing warrmtie
or guarantees, but such liability shall in no event include lass of works or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changs to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make my changes to the terms, other Man legal to including conditions or cadet ns from
the commitsonginally ordered in the specifications or drawings, by verbal of wrinm charge order. If my such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall m made.
6. TERMINATIONS.
The Purchaser may at any time by v dnen change w er, umdnene this agreement an, to my or all Findings of the
goods thm not shippd. subject to my ringside adjustment between the panic u in my work or materials tied in
progress provided Mat the Purchaser shall not be liable for my claims For educipatd pmfirs on the uncompleted
Formed of the goods anddor work, for incidental or consequential damages, and that no so& adjustment be made in
favor of the Seller with respect to my goods which me the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sel let of my of their obligations as to my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be awned within shiny (10) days fmm the date the change or termination is
ordered.
I. COMPLIANCE WITH LAW,
The Seller waoanu thar all goods sold hereunder shall have been produced, sold, delivered and furnished in shict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as maybe required to effector evidence compliance. All laws and regulations required in be
incorporated in agreements of this character are hereby incorporated] herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser w a result of the
Sellers failure to comply win such law.
9. ASSIGNMENT.
Neither party shall azsigq transfer. Or convey this order, or my monies due or in become due heremder without the
prior writing consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unresnin d title to the Puahuer for all equipment, materials, and items furnished
in performance of this agreement, free and clear Of any and all liens, restrictions, reservarions, security interest
encumbrances and claims of orders.
The Seller shall release the Purchaser and its contractors of any der Form all Iiabi lily and claims of any name
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees o(such party.
The Sellers contractual obligations, including warranty, 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 rite Seller is required to use any design, device, material or process covered by Imeo permit,
trademark
or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the use of such pa mred design, device, mvend or process in connection with the contrazy and
shall indemnify the Producer for any con, expense or damage whieh it may be Obliged to pay by reason of such
infringement in my doe during the prosecution or after the completion of the work. In cue said equipment or
any pan thereof or the emended use of the good, is in such suit held to constitute inffingemnt and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and in in optian, either portion, for the
Purchaser the right to continue using said equipment or pares, replace the same wiM substantially equal but
mainGnging Nuipmrnt modishly it so it becomes mninfringing.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the wa eft of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may fOMwith be canceled by the
Purchaser without liabili e,
16 GOVERNING LAW.
The definitions of tents used or the interpretation of the agreement and the rights Of all ponies hereunder shall be
enstrued under and gmemxi by the laws of the Sate of Colomda, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the scrindi of Sellers Re didenutive(s), on the premiss ofothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry con said work at Sellers own risk mad the same is fully completed and accepnmL and shall,
in case of my accident, destruction or injury to the work and/or mazenals before Sellers final completion and
acceptance, complete the work al Sellers own expense and to the satisfaction of the Purchaser. When masrials
and equipment are fumished by than for iovelladon or erection by the Selleq the Seller shall receive, unload
store and handle same az die site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, as his own expense, provide For the payment of workers compensation, including occupational
disease benefits, m its employees employed on or in connection with the work covered by this purchase order,
and/or m sheer dependents in accordance with tie laws of the stare in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and imomobile public
liability insurance with bodily injury and death limits of m lean $300,000 for any one Person, $500,000 for my
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, to provide for such compensation and insurrance Before my of the Sellers or his convectors
employees shall do my work upon the premises of others, the Seller shall fumith the Funding, wish a sionficzu
than such compensation and insurance have Bern preside. Such certificates shall apeeify the time when such
compensation and insurance have bean provided. Such rertifrcare snail specify the time whon such compmution
and immune expires. The Seller agrees rho such compensation and insuranu shall be mentioned until clear the
core work is completed and accepted!.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind
r 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 Me Purchaser and my
or all of the Purchasers Officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to Persons or property w which the Purchaser may
be put or subject N reason of my act, action, neglect, omission or default on the pad of the Seller, my of his
ontracmrs, or my of the Sellers or contractors officers, agents or employees. In case my suit or Other
proceedings shall be brought against the Purchaser, or its officers, agents or employes in my time on account or
by reason of my act, when, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents Or employees in aforsaid, the Seller hereby agrees to assume tie defense thereof and m
defend the some at the Sellers own expense, to pay my and all costs, charges, moneys fees and other expenses,
my and all judgments that may be mcuned by or obtained against the Purehuer or my of its or their, Officers,
agents or employee in such suits or other proceedings, and in case jud,grout or other lim be plod upon or
obtained against the property of the Purchaser, or said parties in Or in a result of such suits or other proceedings,
the Seller will in Once cause the same to be diuolvd and discharged by giving bond or otherwise. The Seller and
his compactors shall take all safety prenudons, fomish and install all guards necessary for the prewnnm of
accidents, comply with all laws and regulations win regard to safety including, but without limiunion, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therem.
Revised 09d2014