HomeMy WebLinkAbout296701 TIBURON INC - PURCHASE ORDER - 9150498PO
PURCHASE ORDER 915049er Page
City of PURCHASE
0498 1 of z
F^r} Collins/ his number must appear
/�.-!"_`\,/`' ` �I " 1 1 on all invoices, packing
�sllps and labels.
Date: 01/21/2015
Vendor: 296701
TIBURON INC
3000 EXECUTIVE PKWY SUITE 500
SAN RAMON CA 94583
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 01/21/2015 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Change proposal (CP)-001
Enhancement Proposal (EP)-254
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
12,500.00
Total $12,500.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Port Collins is exempt from state and local taxes. Ow Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cemifirwe of Registry 84 6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statute 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 ofar payment for goods hereunder Or approval of the design, shall tat release the Sella of
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of Nis pumbem order and shall sm be deemed a waiver army right of the
damage in writ, may be returned f you for credit end ere not to he replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies a to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, recely d or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification Or rescission of this purchase order by the Purchaser operate as a waiver crony of no tern
Impection. GOODS am subject to the City of Fort Collins imposition on afival.
hereof.
Final Acceptance. Receipt of the commands., smica or equipmem in respoine in this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mounted payment on the pan of the City of Fort Collins. However, it is to he understand pat FINAL
Seller and me Purchaser mealtime that in soma] onis practice, n ercbarges m resulting train antitrust
on puncedu.
ACCEPTANCE is dependent upon completion full applicable nqec uined insptim
iol
vatins oare in fast borne by Ofote re Purchaser. Thermopile, far good muse and as consideration for executing this
purchase offer, the Seller hereby assigns to the Purchaer any and NI claims it may now have or Immune,
Freight Tells. Shipments most be F.O.B., City of pal Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or sate mtitrat laws for such overcharge rafting to the palimler good or services
otherwise specified on this order. if permission is given to prepay fight and charge separately, the original freight
pumhaseJ or acquired by the Pmrchow pursuant to this purcbae order.
bill most accompany invoice. Additional charges for packing will tat be accepted
Shipment Distance. Wham manufacturers have distributing psai rs in serious puts of the exmtry, shipment as
espected from the nmrest distribution point to destitution, and excess freight will he deducted from bounce who
shipments are made from greztn distance.
Pamir. Sella shall promote at sellers sole cast all naesary permits, certificates and Become required by all
applicable laws, regulations, nrdfance end roles of the an,, municipality, territory or political subdivision where
the work is performed, or required by any other duly wmtituted public authority Wvingjurisdiction over the work
of vendor. Seller broker agrees to hold the City of Fort Collins harmless from and against all liability and loss
ncusred by them by reason of an rammed at established violation of any such laws, egulatiom, ordinances, tales
and a immuncna.
Aufmiaztion. All parties to this ontmn at that the representatives arc, in fact, bona fide and possess full and
complete authrrity to bind said parries.
LIMITATION OF TERMS. This Purmane Order exproody limits acceptance to on terns and conditions sated
herein set falls and any supplementary or additional arms and conditions annexed hereto in incorporated herein by
reference. Any additional or difRrem terms and conditions proposed by seller am objected to cad hereby rejected.
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 eswme. Delivery and performance must be etlLned within fe time
slated on the purchase order and the dommerm attached brown. No acts of the Purchaers including without
limitation, acceptance of partial late deliveries, shall operate as is waiver of this provision. In the event of any delay,
the Purchaser 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 Shcrn shall not be liable for damages a a result of delays
due to causes not reasonably foreseeable which arc beyond is reasonable control and without its fault of negligence,
such acts ofGod, aces Of civil or military authorities, govemmmal priorities, fors, strikes, flood, epidemics, wars to
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when one 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 warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the purposes morwhd, and
performed with the highest degree of moo and competence in accordance with incepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of f is Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (q year or within such longer postal of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller site, the date of
cceptance of me good 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 Purchaer shall not
constitute a waiver of any claim under this warranty. Except as oherwise provided in this purchase order, the Sellers
liability Encumber shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantee, but such liability shall in no went include loss of pmfib or loss of ere. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaer may make changes to Icgd terms by wriurn flange offer
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the terms, other than legal term, including addition to or deletions from
fie quantities originally ordered in the specifications or drawings, by venial or written change order. If any such
change affors the amount due or the time of perfmmance hereunder. an mumble whostmeat shell be, male.
6. TERMINATIONS.
The Purchaser nay at any time by won" change order, terminate this agreement to to any or all portions of me
goods men not shipped, subject so any nluiable wjatment hetween the patties a to any work or materials then in
progress provided that fie Purchaser shall not he liable for my claims for anticipated profits on the unrompletN
portion crow good and/or work, for incidental or mmryuential damages, and list o such edjustmot be made in
fame off, Seller wish respect to any goad which ere the Sellers sardard stuck. No such merainstion shall relieve
the Purchaser or the Seller afany of their Obligations a to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjournment most he asserted within minty (30) days from the dale the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants dust ell goods sold hereunder dull have been produced, sold, delivered and famished in shier
compliane win all applicable Iowa and regulations to which the good are subject. The Seller shall execute and
deliver such doumma a may he required to effect or evidence compliance. All laws and regulations required to be
inontpoated in agreements of this caste, are hereby incorporated herein by this reference. The Seller agrees to
indemnify, and bold the Purchaser harmless from all cosy aM damages suffered by me Purchaser as a caul of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tam@r, or convey this order, or any monies due or to become due hereunder without the
prior wrinrn oaew of fe nme, party.
10. TTTLE.
The Sella warrants fall, clew and isimpricted title to the Purchaser for all equipment materiels, and items Furnished
in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest
enm cubrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purhaer directs the Seller no mrect 000nfosming or defective goods by a date to be agreed upon by the
Prmhaer and the Seller, and the Seller thesoRer somewhat its inability or unwillingness to comply. the Purchaser
may rouse fie work to be performed by fie most expeditious means available to it, and the Seller shall pay all
exams associated with such work.
The Seller shall release the Purchaser and its controrors of any tier from all liability and claims of any nature
resulting from the performance ofmch work.
This releae shall apply even in the event of fault of negligence of the party mlwud and shall extend to the
directors, officers and employees ofsuch perry.
The Sellers contractual obligations, including warranty, shall tat be deemed to be reduced, in any way, bo ams,
such work is performed or mused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by loeo patent, trademark
or copyright. the Sella shall in lmonfy and save harmless the Purchaser from any and all claims for infringement
by mason of the use of tech patented design, device, material or process in connection with the contract, and
shall indemnify the Enclose, far any cast, expense or damage which it may be obliged to pay by rtawa of such
infringement at any time during the prosecution or after the completion of the work. In case said competent, or
any pal senor or fie intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pal is Joined, fie Sella shall, at its own expense and at its option, either income for the
Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but
noninfinging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or Ismaili make an asignment for the benefit of creditors, appoint e
receives or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition oftems used or the intetprelarion of me agreement and fie rights of all parties hereunder shall be
oat Wed under and governed by one laws of me Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is in perform work hereunder,
including fie services of Sellers Rewworiative(s), on one premises of Others.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until me same is fully completed and accepted, and shall,
in w of any accident destruction or injury to me work col/or materials before Sellers Real completion and
acceptance, complete me work at Seller's own expense and to she satisfaction of the Purchaer. When materials
and equipment we banished by others for instillation or erection by me Seller, the Seller shall receive, unload,
stow and handle same at me site and became responsible farfor or though such morrials mNor equipment
were being famished by me Seller Older me order.
18. INSURANCE.
The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational
disease benefits, to is employees employed on or m connection with she work covered by this purchase order.
and/or to mein dependents or accordance with the laws of the state in which the work is as he done. The Sella
shall also carry camprehemive general liability including, but scat limited to, contactual and automobile public
liability Holon n a with bodily injury and death limits of at least S300 Ooo for any one person S5oo,ppU for my
one accident and property damage limit per accident of S400,000. The Sellershall likewise require his
onsraccul, if any, to provide for such wmpewtion and insurance. Beth my of the Sellers or his contractors
employees shall do any work upon fe premises i f omens, me Seller shall furnish But Purchaser with a celifmte
Rest such compensation and assurance hate been provided. Such certificate shall specify she date when soh
ompeaation and insurance have been provided Such cenifmtes shall specify the due when such compensation
and insurance exports. The Seller agrees that such compensation ad hammer shall be maintained writ after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass mints, afany kind
r nature whatsoever a persons or proper, eased by or resulting firm the execution nfine work provided for in
this pmchese order m in consumers bronith. The Seller will indemnify and hold hamless no Purchaser and any
or all of me Purthaers officers, ageas and employees [tam and against any and all claims, losses, damages.
charges or expenses, whether direcr or indirect, end whether to persons or property to which the purchaser may
he put or subject by reason of any act action, worker. omission or default on the pal of the Sella, any of his
communist, or any of the Sellers w mnroctors officers, arms Or employees. In caw any suit or other
proceedings shall W brought against the Puretwer, or as officers, agents or emplay. an any time on count or
by reason of any act actions neglect omission Or default of the Seller of any of his connectors or any of its or
their officers, agents m employees a aforesaid. the Seller hereby agora to assume me defame thereof and to
defend the same at the Sellers own expose, m Pay any and ell costs, changes, ummeys fees and coma expenses,
any and all judgments that may Ice incurred by or obtained against the Ewchaa many of its or their officers,
agents or employees in such wins or other proceedings, and in case judgment Or other Jim be placed upon or
Obtained against me property of the Pulchal, or mid Pali s in or as a result ofsuch suits or other proceedings,
the Seller will at once muse fie were to he dissolved and discharged by giving bond or otherwise. The Seller tad
his contractors shall Joke all safety piecaminrs, famish and iaa11 all grounds necessary for the prevention of
,rocketing, comply with all funs and regulations with regard to safety including, but without limitation, the
Occupational Safety and Healf Act of 1970 rod all sales and regulation issued pursuant thereto.
Revised 07I2016