Loading...
HomeMy WebLinkAbout264112 LARIMER COUNTY SHERIFF'S OFFICE - PURCHASE ORDER - 9116398Fort Collins Date: 10/26/2011 PURCHASE ORDER Vendor: 246112 LARIMER COUNTY SHERIFF'S OFFICE ATTN: BETSY NAIL 2501 MIDPOINT DR FORT COLLINS Colorado 80525 PO Number Page 9116398 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: MUNICIPAL COURT CITY OF FORT COLLINS 215 N MASON, 1 F FORT COLLINS Colorado 80524 Delivery Date: 10/26/2011 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price I 3rd Otr Jail Holds C3. Oi'1�:s2.49-- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: 5,125.00 125.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By same the City of Fon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 994A502. Federal Excise Tax Exemption Ccnificate of Registry 84-(t(100587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 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 ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to at specifications, either when shipped or due to dclects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he rearmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance haxcfor any of its rights or remedies as to any such goods, regardless instructions from the City of Tom Collins, of when shipped, received or accepted, as to any prior or subsequent default heeunda. nor shall any purported oral modification or rescission of this purchase order by the Purchaser opemm as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort 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. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hmbv assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Too Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original 0cight purchased or acquired by the Pnrchaur pursuant to this purchase order. bill must accompany man". Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, 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 point to destination, 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 fmm greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seiler shall pay all costs associated With such work. Permits. Seller shall procure at sellers sale cost all necessary permits, ccnificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Four Collins harmless fmm and against all liability and loss incurred by them by reason of an asecrtcd or established violation of any such laws, regulations. ordinances. mles and requirements. Aulhoriration. All panics to this contract agree that the mprescntatives am, in fact. bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delman and performance most be elTected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpardal late deliveries, shall operate as a 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 clscwhcrc and holding the Seller liable for damages. Howova, the Sella shall not be liable for damages as a result of delays due to causes not masonably foreseeable which am beyond its masonable control and without its fault ofnegligenec. such acts ofGod, acts ofcivil or military authorities, governmental priorities, rims, strikes, food, epidemics, wars or riots 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 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 goods, 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 intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser hamless fmm tiny loss, damage or expense which the Purchaser may sulfa or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer paind of time as may be prescribed by law or by the terms of any applicable wamnty, provided by the Seller infer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Tom imperfect or defective work done We materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sell crs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WA BRA NI OR MERCHANTABILITY OR OF RI-NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal berms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions from the gitarafies originally oWe" in the speeifiemims or dmwiage, by verbal nr one. change order. If any such change affects the amount due or the time nfperfomance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by Written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaur shall not be liable for any claims for anticipated profils on the uncompleted portion of the goods and/or Work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods Which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted Within thirty (30) days fmm the date the change or temination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gads mid hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents 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 hainn by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nadia party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior Written consent ofthe other parry. 10. TITLE. The Seller wamnts full. clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, resercatious, security interest cnandmances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the pafommnec of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. offers and employees ofsuch puny. The Seller's contractual obligations, including Wamitty, shall not be deemed to be reduced, in any way, because such work is fammued or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to aw Wry design, device. material or process covered by latter, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all 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 it may be obliged to pay by reason of such infringement at any time during the prosecution or infer the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the aw of mid equipment or pan is enjoined, the Seller shall, at its man expensc and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but ram infringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver 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 definitions oftems used or the interpretation ofthe agreement and the rights ofall parties hacunda shall be constmed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hacunda. including the scnices of Scllcrs Reprcsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cast of any accident, destmctlon or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scller's own expense and to the satisfaction ofthe Pumhaser. When materials and equipment arc furnished by others for installation or cration by the Seller, the 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 Scllcr under the order. 19. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefm, to its employees employed on or in connection With the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dvmh limits of at least S300." for anyone permn, S500,000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise, require his contractors, 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 fothers, the Seller shall famish the Purchaser with a ecnificate that such compensation and insurance have been provided. Such ccnificates shall specify the date when such compensation and insurance have been provided. Such ccnificates shall specify the date 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 AGAINST ACCIDENTS AND DAMAGES. The Seller hacby assumes the crime responsibility and liability for any and all damage, lossor injury ofany kind furniture whatsoever to persons or parNity causality or reselling from the execution ofthe Work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers. agents and employees from and against any and all claims, losses. damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Scllcrs or contactors officers, agents or employees. In case any suit or other pmecedings shall be brought against the Purchases or its officers, agents or employees at any time on account or by reason of any an, action, neglect omission or default ofthe Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchnscr or any of its or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchnscr. or said parties 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 Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the 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 rates and regulations issued pursuant thereto. Revised 03/2010