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HomeMy WebLinkAbout488072 ABC SECURITY LLC - PURCHASE ORDER - 9120507City OfPURCHASE ORDER PO Number I Page Collins9120507 t of 2 `t CThis number must appear � on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 488072 ABC SECURITY LLC 512 LOCUST GROVE DR FORT COLLINS Colorado 80521 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to cover the cost of miscellaneous labor/materials for fiscal year 2012. All services shall be ordered by City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of 000ds and/or services. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 7,000.00 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Gads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be resumed to you for credit and arc not to be replaced except upon receipt of written instructions from the City affair Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on Arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hemof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shAl I not release the Seller of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of anv ngbt of the purchaser to insist upon strict pereouramcc hercoforany of its rights or remedies as to any such good, mgarddcss 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 hemof. Final Acceptance. Receipt of the merchandise, serviccs 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 he understood that FINAL Seller And the Purchaser recognize that in actual economic practice, overcharges resulting from antitmat ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations Are in ram 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.R., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522. 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 parstmnt to this purchase order, bill most accompany invoice. Additional charges for packing will not be accepted. Shipman Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments ore made from greater distance. Permits. Seller shall pmeurc at sellers sole cost all nmcssary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required be any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to held 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 Iaxs, regulations, ordinances, ales and requirements. Authorimtion. All parties to this contract agree that the representativees arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated 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 ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence Delivery and performance must he effected within the time stated on the purchase order and the documents allached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall 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 An, reasonably foreseeable which am beyond its reasonable control and withent its fault of negligence. such acts of Gad, acts of civil or military authorities, governmental priorities, frcs, strikes. Bad, epidem its. wars or riots pmvided that notice of the conditions causing such delay is given to the Parchnscr 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 Ali goods, articles, materials and work covered by this order will conform with applicable drawings, 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 replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year ar within such longer period of time As may be prcsoribed by law or by the it. crane applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Aeccptnnec or use of gads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereundershall extend to all damages praximatcly caused by the breach ofany of the foregoing srnrmntics or guarantees. but such liability shall in no event include lass of fmfits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SBALL APPLY. 4. CHANCES 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 dmwings, by verbal or written change order. If any such change affects the amount due or the time of performance 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 material then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchascr ar the Seller ofany ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thiny (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller mAromas that all gourds sold hereunder shall have been produced, said, 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 Ines 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 Purchascr harmless from all costs and damages suffered by the Purchaser as a result of the Sclicrs 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 hemunder without the poor written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest cncumbmnccs and claims of.thors. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carted nonconforming or defective goods by A date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs Assecimcd with such work. The Seller shall release the Purchaser and its contractors of any tier from All liability and claims ofany nature resulting from 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, offuccrs and employees ofsuch parry. The Seller's eantmcmat obligations, including wamnty, shall not be doomed to be reduced, in any way, because .such work is perfomrcd or caused to be perfomucd 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 harmless the Purchaser form 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 Purchamr for any cost, expense or damage which it Amy be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter 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 use of said equipment or pan 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 anninfringing equipment, or modify it so it b000mes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an Assignment for the hens Os. of creditors, appoint a rcccivcr or trustee for any of the Sellers propel or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Artemis used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases whom the Seller is to perform work hereunder. including the serviccs of Sellers Represcntative(s), on the premises ofethets. 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, destruction or injury to the work and/or materials before Shccr's final completion and acceptance, complete the work at Scllcrs own expense and to the salisftcuon of the Purchaser. When materials and equipment arc relished by others for installation or erection by the Seller, the Seller shall motive, 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, commerunl and automobile public liability insurance with budily injury and death limits of at least S300.000 for any one person, S500.030 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 Scllcrs or his contractors employees shall do aqv work upon the premises citation. the Seller shall furnish the Purchaser with a certificate that such eompensmion and insurance have been provided. Such ecnifueates shall specify the date when aeh compensation and insurance have been provided. Such certificates 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 hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whntmever to persons or property caused by or resulting from the execution ofhere work pmvided for in this purchase ardor or in connection herewith. The Seller will indenmify 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, charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason ofany act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccedings 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 omens, agents or employees as aforesaid, the Seller hereby agrees to assaame the defense thereof and to defend the some at the Scllcrs 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 officers. agents or employees in such suits or other proceedings. and in ease judgment or other lien be placed upon or obtained against the porNr y' nfthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcns'ise. The Seller and his contractors shall take all safety precautions, furnish 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 odes and regulations issued pursuant thereto. Rcviscd 03/2010