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HomeMy WebLinkAbout414924 FLEMING SECURITY SERVICES - PURCHASE ORDER - 9120063City of Fort Collins PURCHASE ORDER PO Number Page 9120063 1of2 This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 414924 Ship To: TRANSFORT BUS FACILITY FLEMING SECURITY SERVICES CITY OF FORT COLLINS 508 SEDGWICK DR 6570 PORTNER ROAD FORT COLLINS Colorado 80525 CITY OF FORT COLLINS Colorado Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Security Patrol at the DTC 1 LOT LS 3,553.00 FOR 2 MONTHS PER TERMS AND CONDITIONS OF P1095 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 Total $3,553:00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIV ER. 99-04502. Federal Excise Tax Exemption Certificate of Registry R4.60W587 is registered with the Collector of Failure of the Purchaser to insist upon strict pe,fomtanee of the teats and conditions hereof. fimhoe or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided hcrcin or by Inv, failure to promptly notify the Seller in the event of a hmach, the acceptance ofor payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mm specifications, either when shipped or due to defects of any of the warm mics or obligations of this purchase order and shall am be deemed a waiver ofany right of the damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict peromancc hercofor any of its rights or remedies as many such goods, regardless instructions from the Cityof Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any pugmnttl oral modification m rescission of this purchase order by the Purehaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this aide, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. Hnxvever, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from 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 hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othemise .specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pacsnant to this purchase orden bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchnscr directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the expected from the nearest disnibution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs assrciated with such work. Permits Seller shall precum at sellers sale cost all necessary permits. certificates and licenses required by all applicable laws. regulations, ordinances and mles of the state. municipality, territory or political sel division where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an ammed or established violation of any such laws, regulations ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess hill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiscd delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of fu nial late deliveries, shall operate as a waiver of this pmvision. 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 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 without its fault of negligence, such acts of God. act%ofcivil or military authorities, governmental priorities, fires, strikes, flood, 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 whim the Seller firs, received knowledge thereof In the even, of any such delay, the date of dcl ivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all goad.%, 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 perfumed with the highest degree of care and competence in accordance with accepted .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 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 period of time as may be po scribcd by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purehasc order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing wamatics or guarantees, but such liability shall in no event include loss of profits 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 changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal term. including additions to or deldions from the quantities originally ordered in the specifications or drawings, by verbal or wrinca change order. If any such change affects the amount due or the time ofpMomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment "%vccn the parties as to any work or materials then in pmgms% provided that the Purchaser shall not be liable for any claims for anticipated pmfhs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to any good which are the Scllcrs standard stnck. No such terminntion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good 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 he 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 Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and umc mic,od title to the Purchaser for all equipment, materials, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservatians, security interest cneumbmnecs and claims of others. The Seller shall release the Pueh... and its contractors of any Her fmm all Iinbil ity and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's 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 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 hamdcss the Purchaser fmm any and all claims for nafringcmcn, by mason of the use of such patented design, devicc, material of process in connection with the contmd, and shall indemnify the Purchaser for any east, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsceotion or aficr the completion of the work. In ease said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at its own expense and at its option, either pmcure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes anninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or hankrapt 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 of terns used or the interpretation of the agreement and the rights of all parties hereunder shall be enammed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in eases where the Seller is to perfora work hereunder. including the services of Scllcrs Representative(s), on the premises ofodwas. 17. SELLERS RESPONSIBILITY. The Sellershall tarty on said work at Seller's own risk until the same is fully completed mM accepted, and shall. in case of any accident. destruction or injury to the work and/or materials befom sences final completion and acceptance complete the work at Scllcrs oven expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unloud. store and handle same at the site and become tespansible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shnlL at his own expense, provide for the payment of workers conipenmtion, including occupational disease benefits, 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 death limits of at least S300." for any one person. S500.000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, in pmvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dace when such compewmion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumncc shall be maintained until ancr 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, loss or injury ofany kind or nature whatsoever to persons or pmpeny caused by or resulting firma 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 officers, agents and employees fmm and against any and all claims. losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or con". clam oRcers, agents or employees. In ease any suit or other pmccediags shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by rcasnn ofany act, action, neglect. omission or default of the Seller of any of his contractors 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 oven expense, to pay any and all costs, charges, attorneys Pecs and other expenses, any and all judgments that may be ineuned by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other pmccedings, and in case judgment or other lien he placed upon or obtained against the pm ferty of Purchaser, or said parties in or as a result of such suits or other pmcceding%, the Seller will at once cause the same to be dissolved and discharged by giving bond or othcrvrisc. The Sellerand his coatmcmrs shall take all safety precautions, furnish and install all goads necessary for the prevention of accidents, comply with all laves and rcgntlmions with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued Pursuant thereto. Revised 0312010 dry°r Independent Cost Estimate Date of Estimate: 1/3/2012 Contract Type: Existing Contract or PO (Y/N): Y Description of Goods (A) or Services (B): Security Services at Downtown Transit Center for Two Months - Fleming Security Services I have obtained the following estimate from; Published Price List / Past Pricing (date) 1/1/2011 Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specify) Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Actual 2012 2012 Total Estimate 2011 1.5 % Adj. Security Services Patrol at DTC - 21 Hrs per Week - 2 Months Total 1 $ 3,500 $ 53 1 $ 3,553 Total Adjustment based on projected CPI increase Actual amount for 2011 represents 2 months out of 12 months service C:\Documents and Settings\jstephen\Local Settings\Temporary Internet Files\OLK47\ICE - Fleming (2 Months)Fleming Security Services 1/5/2012 Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN/TIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login EPLS Search71 Results Search Results for Parties Excluded by I' Firm, Entity, or Vessel : FLEMING SECURITY State: COLORADO Country : UNITED STATES As of 06-Jan-2012 11:02 AM EST Save to MyEPLS Your search returned no results. 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