Loading...
HomeMy WebLinkAbout355055 ALARMSPECIALISTS INC - PURCHASE ORDER - 9120519PURCHASE ORDER PO Number Page City of PURCHASE 9120519 t of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 355055 Ship To: FACILITIES DIVISION ALARMSPECIALISTS INC CITY OF FORT COLLINS 8081 E ORCHARD ROAD SUITE 175 300 Laporte Avenue GREENWOOD VILLAGE Colorado 80111 Building B FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 15,000.00 cover the cost of alarm inspections and repairs at various City of Fort Collins buildings for fiscal year 2012. An invoice shall be submitted for payment including date of service and building inspected. 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 goods and/or services. 2 Annual monitoring of systems 1 LOT LS 1,000.00 Total $16,000.00 C3. Oi'le:-aQ J� 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 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 stares.. the City of Fort Collins is exempt from state and local taxes. Our F,xcmptinn Number is 11. NONWAIVER. 9R-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Porchaur to insist upon strict performance of the terms 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he decreed a waiver of any right of the damage in transit, may be reMned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any writs rights or remedies as to any such goods, rcgardleca instructions fmm the City effort Collins. of when shipped, received or accepted. as to any prior or subsequent default hcramder, nor shall any Purported om1 modification m rescission of this purchase order by the Purchaser operate as a waiver of any of the Icons 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 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 Pumhnser recognize that in round economic practice. overcharges resulting form antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection pmcedums. violations arc in fact borem, by the Purchase. Theretofore, for good emwc and as consideration for executing this pumhose 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 90522, unless acquired under federal or state mumost Imes for such overcharges relating to the particular goods or services othawiu specified on this order. If pamission is given to prepay ftcight and charge separately, the original freight purchased or acquired by the Purchaser pursuant 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 manufnctu rs have distributing Points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defatne goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be dcdncted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs osxooiated with such work. permits. Seller shall procure at sellers sole east all necessary permits. certificates and licenses required by all applicable law.s, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is paformed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fun a agrees to hold the City of Fort Collins hamless fmm and against all liability and Inc incurred by them by reason of an asscned or established violation of any such Imes, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fan, bona fide and possess full and complete authority to bind slid parties. LIMITATION OF TERMS. This Part Order expressly limits acceptance to the terms and conditions stated herein set forth and any mpplememary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional wrdiffacat temus and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to in -rive on ,your promised 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 Pumhau x including, without limitation, acceptance ofpanial late deliveries, shall operate m a waiver ofthis prevision. In the event ofany delay. the Pumhaur shall have, in addition to other legal and equitable moredies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its maxonable control and without its fault ofacgligcnce, such acts ofG d. act, ofcwil m military authorities, governmental priorities, fins. 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 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. 3.WARRANTY. The Seller ..at, that all goods, articles, materials and work covered by this order will conform with applicablc 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 Ions, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. The Seller shall replace. repair or make good. without cost m the purchase,. any defects err L,ults arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the terms of any applicable warranty provided by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), msulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this wormnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend r. all damages pmximatdv caused by the breach of any ofthe foregoing warranties or guamntecs, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M FRCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terms, other than legal terms including additions to or deletions fmm 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 ofperformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any grads which arc the Scllcrs standard stock. No such lamination shall relieve the Purehaur m the Seller of any of their obligations as to any goods delivered hercunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asscned within thirty (30) days fmm the date the change or lcmmination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hare. 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 in effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hamlcs, fmm all costs and damages suffered by the Pumhascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted 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, reservations, security interest encumbrances and claims ofothcm. The Seller shall rcicase the Purchaser and its contractors of any tier from all linhility and claims of any nature resulting fmm the performance ofsuch work. r This rcicase shall apply even in the event of fault of negligence of the party released and shall extend m the directors, oRcas and employees of such party. The Scllcrs contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is palramed or caused to be performed by the Purchaser. 14, PATENTS. Whatever the Sella is required to use any design, device, material or process covad by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 ofsuch infringarcm 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 goock, 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 Pumhaur the right to continue using said equipment or parts, replace the saute 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 benclit of creditors, appoint a receiver or trustee far any of the Sellers Property or business, this order may fonhscith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation oflhc ageement and the rights ofall Parties hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in taus where the Scllcr is to perform work hcrnmder. including the services of Sellers Represenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shill carry on said work m Scllcr's own risk until the same is fully completed and accepted, and shall, in ease of any accident. destruction or injury to the work and/or materials bdom Sclla's final completion and oecerro cc, complete the work at Scllcr's own expense and to the satisfaction of the Purchaser. When materials nod equipment are foruishcd by others for installation or erection by the Sella. the Sellashall receive, unload store and handle same at the site and become responsible therefor as though such materials and/or equip racer Were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of Workers eonipcnsatinn, including occupational discasc 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 linhility insurance with bodily injury and death limiu of m least $300.000 for any one person. S500,010 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insumnec. Before any of the Sellers or his contractors employees shall do any work upon the promises of others. the Scllcr shall famish the Purchnur With a cenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have ban pmvidcd. Such certificates shall speci fy the date when such compensation and insurance expires. The Seller agrees that such compensation and insomnce shall be maintained until af1a 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 property caused by or resulting fmm the execution ofthe work pmvided for in this purchase order or in connection herewith. The Sella will indemnify and hold bnmmlcss the Purchaser and any or n11 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 mov be put or subject by reason of any act, action, neglect omission or default net the pan of the Seller, any of his contractors, or any of the Sellars or contractors officers, agents or employees. In eau 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 o0icas, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellars 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 nRcem, agents or employees in such suits or other pmccedings, and in case judgment or other lien be placed upon or obtained against the limitary ofthe Patclui or said panics in or as a result ofsuch suits Or other pmceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions. furnish and install all giants necessary for the prevention of accidents, comply with all Imes and regulation with regard to .safety including, hot without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010