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HomeMy WebLinkAbout247336 JUSTICE SYSTEMS INC - PURCHASE ORDER - 9150677Fort Collins Date: 01/3012015 Vendor: 247336 JUSTICE SYSTEMS INC 4600 B MCLEOD NE ALBUQUERQUE NM 87109 PURCHASE ORDER PO Number Page 9150677 1ef2 This number must appear on all invoices, packing sli s and labels. Ship To: MUNICIPAL COURT CITY OF FORT COLLINS 215 N MASON, 1F FORT COLLINS CO 80524 Delivery Date: 01/29/2015 Buver: ED BONNETTE Note: PER PROPOSAL DATED 12/31/14 FROM ERNIE SEGO (505)883-3987. UPDATE TO ADD ONE LICENSE, AND RECURRING ANNUAL MAINTENCE FOR IT. PER PATTY NETHERTON. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Full Court Enterprise Update License one time fee 2 Full Court Enterprise 1st yr recurring annual maint (ADDED FROM REQ 49594) jtr i 4 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 1 LOT LS 1 LOT EA 3,925.00 1,100.00 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and load macs. Our Exemption Number is I I. NONWAIVER. 9"S02. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Calleeom of Failure of the Purchaser Ita insist upon strict performance of the mans and conditions bemcf, failure or delay to Internal Revere, Denver, Colorado (Ref. Colorado Revised Saturn 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly tmtify me Sella in me event of is breach, the wreplmce ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECFED due to failure to meet specifiwliom, either when shipped or due to derals of my of he aromatics or ebligmions of this purchase order and shall not b<decmd a waiver of any night of the damage in transit, may Is, returned to you for credit and are not to be replaced except upon receipt of written purchasr to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City airport Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpond amid mdification or rescission of this purchase order by the Purchaser operate as a waiver of any of the team Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the me¢bmtddi,, axporeas or equipment in monism to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. rtMriud psymmo on the part of the City of Fon Collim. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, ovcrehingn resulting fmm mtitmst ACCEPTANCE f dependent upon romplenion of all applicable required impaction procedures. violations are in fact home by the Purthmer. nererofore,fa good mum surd as consideration for norefing mu purchase color, the Seller hereby assgm or the Forchascor my rod all claims it may cow have or hereafter Freight Tema. Shipments must be F.O.B., City of Fon Collins. 200 Wood St., Fort Collins, CO 80522, unless acquird muter fled or slate antitrust laws for such overchargn minting to me particular goods or savicn otherwise specified r Has order. if I arrowma is given to prepay freight and charge sepemtely, rise original freight pmcbaced or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Aditioml charges for parking will not be accepted. Shipment Distance. More manufactures have distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm nown distance. Permits. Seller shall procure at sellers sole cast all nansery prrmits, cefficmn and licenses mormal by all applicable laws, regulations, ordinances and rules of me sate, municipality, territory or political subdivision where the work is fainformal, or required by any other duly construed public authority having jurisdiction over the wink of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established vailawar of my such laws, regulations, of irmes, mice and requirements. Authoritarian. All parties W this.1.1 agree that the representatives are, in fad, bow fide and possess PoII end complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional teens and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by troller are objected W and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if ypu cannot make complete shipment to anise on your promised delivery date as noted. Time is of the essence. Delivery and part race most d eflon l within the time seed oa the purchase order ad the documents roduchd hereto. No aces of the Purchmsers including, without limitation, aaeptance ofpanial late deirmin, shall operate m a waives of mis provision. In the rent array delay, the purchaser shall have, in addition to notice legal ad equitable ¢medics, the option of placing this oMer elsexhere ad holding the Seller liable for damage. However, me Sella shall not be liable for dmnagm as a ..it of delays due to moos not rasowbly foreseeable which are beyond its reasonable control part without its fault ofrgfiger such sods of God, acts ofdsil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided dust notice of the conditions causing such delay is given to the Purchaser within five S) days of the time when the Sella first revived knowledge thereof. In me event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella amounts that all goods, micles, materials red work covered by this order will conform with applicable drawings, specifications, wmphn and/or other descriptions given, will be fid for the pugs on mtemled, and perromd with the highest degree of rare and competence in accordance with accepted standards for work of a milar wtam. The Seller agora W hold the purchaser hatmlecs from my loss, damage or expanse which the Purchase may surfer or incur on account ofine Sellers breach ofwananty. The Sella shall replace, repair or make good, wifom cost to the purchaser, my defects or faults arising within one (U year or within such longer peril of time as may W proscribed by law or by me terms crony applicable warranty provided by the Sella after me date of acceptance of the goads famished hereunder (acceptance not W be unreasonably delayed), resulting from imperf t or defective work done or materials fumishd by the Seller, Acceptance or use ofgood, by me Purchmer shall not combine a waiver crony claim under this 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 warminum or guarantees, but such liability shall in no event include loss ofpmfits or loss ofine. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhas n may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. lM Purchaser nay make any changes to the temp, afar Jan legal team. including odditions to or deletions farm the quantities originally ordered in to specifications or drawings, by verbal or wren change oMer. If any such change afmar me amomt due or the time of Performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to tiny or all portions of the ,..its then at shipped, subject to any equitable adjustment between the panics as W nary work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted proton of the pounds and/or work, fur incidental or consequential damages, and that no such adjustment be made in favor of the Seller with ¢spat to any gevB which art the Sellers sh uland stock. No such termination shall relieve Je PurcMser or the Seller of., of fair obligatioas m to any goods delivered hereunder. 2. CLAIMS FOR AWUSfMENT. Any claim for djustntent must be manned w10tin thirty (30) days farm dare date the change or termirtio, is mdered. 8. COMPLIANCE WITH LAW. The Sella warrants fat all goods sold hereunder shall have been produced, sold, delivered and formil d in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall mucum and deliver such doom um as may M required to effect or evidence compliance. All laws and regulations required m be incorporated in wroomenta of this character arc hereby inaVomted herein by this reference. The Seller agrees to indemnify and hold the Purchmer harmles from all costs and damages sulierd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, tramfcr, or convey this order, or any monin due or to become due hereunder without He prior ounces commt ofdre Omer parry. 10. TITLE. The Seller warrants full, clear and untntricd title to me Purchaser for all equipment, materials, and form fmmishd in perforum em a of this agreent ens free and chair of my and all liens, retractions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhma directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereaher indicates its inabil try or unwillingness to comply, the Purchaser may cause the work to be perfomed by the most expeditious means available to it, and the Sella shall pay all costs com ciated with such work. The Sella shall release He Purchaer and its contractors of any her fmm all liability and claims of any mire to ding farm me perfonrne, afr mh work. This release shall apply even in me even of fault of oegligrnce of the Fvny released and shall extrad to the directors, officers and employees ofsuch parry. The Settees contractual obligations, including warranty, shall not be dermed to be reduced, in my way, because such work is performed or caused to be perfored by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser from my and all claims for infingement 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 cast, expense or damage which it may be obliged W pay by reason ofsuch infringement an my time during the promotion or after me completion of the work. In case said equipment, or my pan thereof or He amended the of the goods, is in sucb mil held to constitute infringement and she use of said equipment or part is ordained, me Seller shall, at its own nisense ad al its option, either procure far Jw purchaser the right to continue using said equipment or parts, replace me ruse with substantially equal but naninfringing equipment, or mddy it so it bccomn noninfdnging. I S. MSOLVENCY. If the Seller shall become insolvent or Is hlompt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or businns, this order may foMwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of team and or the interpretation of the agreement and the rights of all parties hereunder shall be omtmed under and governed by me laws ofine Same of Colorado, USA. The following Additional Conditions vpFly only In a where the Seller is as pert work hereunder, including the servicesol'Sellars Represenative(s), on Jrr pmniscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the same h fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the s dismction of the Puchmer. When materials and equipment are famished by others for installation or erection by the Sella, me Seller shall receive, unload store and handle same m the site and become responsible therefor as though such nationals major equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own exprme, provide f me payment of workers compensation, including occupartiorl disease benefits, to its employees employed an or in comeaion with the work covered by mis purchase oola. and/or to thew dependents in accordance with the laws of the sate in which the work is to b, doe. The Sella shall also carry rompmhensive general liability including, but not limited W. mntmcaal ad amomobile public liability imumnct, with bdily injury and dmth limits of al least 5300,000 far any one person, S6Dg000 for my accident and property damage limit par accident of 5400,000. The Sella shall likewise require his mnuazmrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of tamers, the Seiler shall famish the Pmchaaa with is attract, that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such confliction shall specify the dace when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability fin any and all damage, loss or injury ofeny kind at rtum whatsoever W persons or property caused by or resulting fmm the execution of the work provided for in this puchase Vier or in connection herewith. The Sella will indemnify and half harmless the Purchaser red my r all of fie Purchasers omcars, agents and employees fmm ad against my red all claims, losses, damages, chaagm or expenses, whether direct or idisecr, ad whether to persons or property W which the Purchaser may he pm or subject by reason of my oa, action neglect, omission or default as the pact ofine Sella, my of his ontractors, or my of fie Sellers or mntmnoss olficam, agena or employees. In race, my suit or other proceedings shall be brought against the Pumhmeu or its officers, agents or employees at my time on account or by reason of any cal, action, neglect, omission or default of the Seller of my of his coutmctors or any of its or their alRcers, alter or employees as aforesaid, the Seller hereby agree to assume the defame thereof and to defend the same ache Sellers own expense, to pay any and all costs, chargn, attorneys fees and other expenses, any 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 suits or office proceedings, and in case judgment or other lira be placed upon or obtained against me property of the Purchaser, or said Win in or as a much of such suits or other proceedings, the Sella will at once came fe same to be dissolved and discharged by giving bmM at otherwise. The Sella and his contractors shall take all safety precautions, famish and immll all guards pecessry for me prevention of accidents, comply with all laws and regulations with regard to safety including, bur willout Eastman, the Occupational Safety ad Health Act of 1970 and all min and regulations issued pursuant means. Revised m2014