Loading...
HomeMy WebLinkAbout478534 ARROW SECURITY INC - PURCHASE ORDER - 9120309PURCHASE ORDER PO Number Page City of 9120309 1 of z `t his number must appear Collins` 1 1�7 on all invoices, packing slips and labels. Date: 01/20/2012 Vendor: 478534 Ship To: PARKING SERVICES ARROW SECURITY INC CITY OF FORT COLLINS 101 N LINK LANE #3 215 N MASON, 1ST FLOOR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524-4 Delivery Date: 01/19/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Security Services 1 LOT LS 72,744.00 CCPS PER TERMS AND CONDITIONS OF BID 6121 2 Security Services 1 LOT LS 50,920.80 OTPS Total $123,664.80 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-fW502. Federal Excise Tax Exemption Certificate of Registry 846000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Soamtes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, may be remitted to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Fulurc of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of aav right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received 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 of any of the terms 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 oa the part 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 from antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the purchaser. Theretofore, for good cause and as consideration for executing this purchase oner, the Seller hereby assigns to the Purchaser any end all claims it may now have or herca0er Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood SL Fora Collins. CO 50522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Hpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ordei, 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 If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected front the ncarest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability munwillini ncss to comply, the Purchaser shipments arc made Train greater distance may cause the work to be perforated by the most expeditious means available to rt, and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rates of the state. municipality, territory or political subdivision where the work is perforated, 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 asserted or established violation of any such taws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc. in fact. bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fmnh and any supplementary or additional turns and conditions annexed hereto or mcorpnmted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your Promised dclivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shalt have, in addition to other legal and equitable remedies, the option of placing 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 arc beyond its reasonable control and without its fault afnegligencc, such acts of God, acts of civil or military anthomics, governmental priorities, fins, strikes, food, cpidcmics, 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 ofthe delay. }.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmwimgs, specifications, samples and/or other descriptions given, will be 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 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 warranty. The Seller shall rcplacc, 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 prescribed by law or by the terms of any applicable warranty provided by the Seller abcr the date of acceptance of the goods mrnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or 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 Set Ices; 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 toss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformancc 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 goods then not shipped, subject to any equitable adjustment between the panics as to any work or muterials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damnges, and that no such adjustment he made in favor of the Seller with respect to any goods which are 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 most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold 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 herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless From all casts and damages suffered by the Purchaser its a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this craft, or any monies due or to become due hereunder without the prior w rincn consent of the other parry. 10. TITLE. The Seller warrants full, dear and amcm icted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, fret and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, omcers and employees ofsuch party. The Setter's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcgnircd to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdess 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 after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such snit 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 procure for the Purchaser the right to continue using said equipment or parts, replace the same with Substantially equal but noninfringing 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 lin aility. 16, GOVERNING LAW. The definitions of terms used or the interpoetation of the agreement and the rights ofall panics hereunder shall be construed andie and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destmetion or injury to the work and/or materials before Shccis final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by notices for installation or erection 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 Seller under the order. IR. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, 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 im mace .with bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for .such compensation and insurance. Before any of the Sellers or his contractors employees shall runny work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnificatcs shall specify the date when such compensation and insurance have been provided. Such ecrificates shall specify the date when such compensation and insurance expires The Scllcr 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 hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofanv kind or nature whatsoever to persons or properly caused by or resulting 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 officers, agents and employees from and against any and all claims, losses, damages chmges 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 Scllcrs or contractors officers, agents or employees- In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their affects, 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, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officem. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the proper of the Purchaser, 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 gumds 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 032010