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HomeMy WebLinkAbout133226 CORONA SOLUTIONS - PURCHASE ORDER - 9150282PURCHASE ORDER PO Number Page C117/ of PURCHASE 50282 1 of z ' `ppearl F6rt Collins[ This number must packing V " on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 133226 CORONA SOLUTIONS 3100 WCR 21 FORT LUPTON CO 80621 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/13/2015 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price CADmine Renewal 1 LOT LS 9,815.30 per Inv 99002001 12/14-11/15 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@fogov.com Total Pay terms net 30 days Invoice Address: 15.30 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L C0MNIERCIALDEfAILS. Tax exemptions. By statute the City of Tom Collins is exempt from state and local loxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Faris, Tax Exemption Cenifcate of Registry, 84-6000587 is registered with the Collector of Failure wthe Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to Intewl Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a), exercise any rights or remalies provided hancin or by law, failure to promptly notify the Seller he the event of a beach, Ne acceptance oFar payment foe grads heremder or approval afthe design, shall rot release the Seller of Goods Rejected. GOODS REJECTED due to failure an meet spaificatieus, either when shipped or be, defects of any of the warranties or obligations of this purchase order end shall but be dcened a waiver of my eight of the damage in transit my be resumed to you for credit and arc not to b, replaced except upon receipt of women Purchaser to insist upon strict performance hereofor any of its rights or remNies as to my such goods, republicans inswetions from the City afford Collins. of when shipped, received or accepted, as to any From or subsequent default hereunder. her shall my purponN Deal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arival. hereof. Final Acceptance. Receipt of the merchandise, servicia, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, aothorined payment on the pan of the City of Fort Collirce. However, it is to be understood that FINAL Seller and the Purchaser recogniu Nat in acwl a is practice, overchmges resulting from antitrust cedur. ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the PurchaseTh r. ertmfore, far good cause and as comularro on far executing his purchase order, the Sella hereby assigns to the Parchment any and all claims it may now have or hera0a Freight Terms. Shipments must he F.O.B., City of Fon Collins, 700 Wood SL, Fear Collins, CO 80522, unless acquired ands federal or same antilwt laws for such ovemhmges relating to be patient. goods or smicnt otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to Nis pomhase Order. bill mast accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance. Where mamucturcrs have du'trihuting Points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to M agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and me Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions mesas available to it, and the Seller shall pay at I casts wernab st with such work. Permits. Seller shall peomtre M sellers sole cost all necessary pmnits, certificates and licenses required by all applicable laws, mplmiou% ordinances and roles of be state, municipality, memory, or political subdivision where the work is performed, m required by any other duty cmentuted Public amount, having jurisdiction over the work Of vendor. Seller Earlier agrees to hold the City of Fair Collins harmless from and against all liability and loss incurred by them by reason of an commed or established violatiun of any such laws, reg darmus, ordinmees, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bow Ode and possess full and complete authority to mid said pares. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated Fermin set Each and any supplementary or adi itimew terms and conditions aanexed hereto or incorporated herein by reference. Any additional or different maws and conditions proposed by seller arc objected to and hereby jeeed. 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 essence. Delivery and performance most Ix effected within the time sated on be pmclace order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance orpanial late delivcme, Shan operate as a waiver of lds provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, be option ofplacmg this order elsewhere and holding the Seller liable for damages. Howevq the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil of military mahmities, environmental priorities, fires, strikes, flood epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the time when be Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended Ear the penal egml to the time asmatly had by reason of the delay. 3. WARRANTY. The Seller wartants that ell goods, articles, materials and work covered by this order will inform with applicable drawings, specifications, samples wal other ducaipti0ns given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with asceplN standards for work of a similar nature. The Seller agrees to hold the panchaser harmless from any loss, damage or expense which the urc Phaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to be purebawer. my defers or faults anon, within one (I) me or within such longer parial of time as may be prenscnbed by law or by the erns ofmy applicable waraary provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance rat to he unreasonably delayed), resulting from imperfect or defective work done or wenaU furnished by the Seller. Acceptance or uu of goods by the Purchaser shall not ecnstlmm a waiver of any claim under this warranty, Except as otherwise provided in this purchase ordeo the Sellers liability hereunder shall extend a all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss Ofprific, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal eons, by wrinen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the It., otha than legal it., including additions to nr deletions from the quantities ariyindly ordered in the speci@anions or dmwiny; by verbal or written change order. If tiny such Chang affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchase, may at any time by written change wrier, manderace his agreement as w my or all peaniom of the good then not shipped, subject 0 any equitable adjustment between be parties as to any work or wte ors, then in progress pveided that the Foreswear shall nor be, liable for my claims for anticipated profits on be uncompleted Portion of be goad torpor work, for incidental or consequential damages, and but no such adjustment be made in favor of the Sella with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty, (30) dap from the date the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall base ban produced sold delivered and fiwishN in stud compliance with all applicable laws and regulatiom to which the goods are, subject The Seller shall execute and deliver such documents as soy 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 this 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 party shall assign, transfer, or convry this order, or my monies due Or to become due heeunder without the pnw women c bounit orme be, party. 10. TITLE. The Seller warrants full, clear and unrcsWdcd title m die Purchaser far toll equipment, warma, and it. Pardoned in permanence of this agreement free and clear of my and all limes, maricoor s, reservations, security interest encm .. and claim ofmherss The Seller shall mime Ne Purchaser and its coarracmrs of any tier from all liability and claims of my mire reaching from the permnnma ofsuch work. This release shall apply even in the event of fault of negligeme of the pony released and shall extend to the dicann, othcera and employees Of such pamy. The Sellers matmctual obligations, including warranty, shall rat be deemed ro be reduced, in any way, because such work is performed or mixed to be performed by Ne Purchases. 14. PATENTS. Whenever the Seller is raloiral to use any design, device, mammal or process covered by letter, poem trademark or copyright, the Seller shall indemnify and save harmless the Pubduesr from any and at I claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which h may be obliged to pay by reason of such infoingement at any time during the prosecution or after the completion of the weak. In case said equipment or any pan thereof or the intended use of the goods, is in such suit bold to economic infringement and the use of said ry.i,.t or pan is joined, the Sella shall, at in own ca,. and at its option, either procure far the Forebear the night m continue using mid equipment or parts, require be same with substantially egml but naninfringing equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of Cardin, appoint a activer or trustee for my of the Sellers property, or business, this order may forthwith be canceled by the Formula without liability. 16. GOVERNING LAW. The definitions of terms used or the clarification ofthe agreement and be rights of all parries heemder shall be conswed under and govared by the laws of Ne State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scream wSellers Repreaenlative(s), oa the premises efothers. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work in Sellars own cook writ the mine 6 folly completed and acmptN, and shall, in rase of any weidem, destruction or injury to the work and/or rmterials before Sellers Had completion and acceptance, complete be work at Sellers own expense and a the satisfaction of the Purcbasa. When wterials and equipment we famished by others for installation or erection by the Seller, the Seller shall costive, unlwd, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers comp scion, including occupational disease bat to its employees employed on Or in correction with the work covered by this purchase order, anNor to their dependents in accordance with the Uses of be Sete in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, ecntmdaal and automobile public liability insurance with bodily injury and death limits of at least SJOItWJ for any one person, $500,000 for any one accident and properly damage limit per accident of $400,000. The Seller shall likewise requice his ontmctors, if any, to provide fur such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the penises of others, the Sella shall fiunish me Purchaser with a catificae that such compensation and insurance have been invented. Such membranes shall specify the date when such orepere ation and insurance have been provided. Such c ni fewes shall specify the date when such compensation and msumrce expires. The Sella soon; Nat such compensation aN insurance shall be maintained mail after the entire work is completed and weapon. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsoever to Persons or property caused by or resulting from be execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or experees, whether direct or indirect. and whether to persons or pvperdy to which the Purchaser ray he pat or subject by reacon of any act, action, neglect omission in default on the pot of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be, brought against the Parchaseq or its oRcers, agents m employees at my time on account or by reason of any act, when, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as wfocesald, the Seller hereby agrees to assume be defeose thereof and to defend the more at the Sellers own expense, in pay any and all costs, charges, anomeys fees and other expanses, any will all judgments that ray he incurred by or obtained against the Purchaser or any of its or their o0lcers, agents or employees in such su is or order pviceedup, and in case judgment or other liar b, placed upon or obtained against the property of the Purhaser, or said panics in or as a result of such suits or other Proceedings, the Seller will at once cause the same to be, dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, Cornish and install all guards necssary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued personal thereto. Revisal 0IQ014