Loading...
HomeMy WebLinkAbout107722 NEVE'S UNIFORMS & EQUIPMENT - PURCHASE ORDER - 9120210 (3)City of art Collins PURCHASE ORDER PO Number Page 9120210 1of2 This number must appear on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 107722 Ship To: POLICE DEPARTMENT NEVE'S UNIFORMS & EQUIPMENT POLICE SERVICES 5120 OSAGE ST SUITE 200 2221 TIMBERLINE ROAD DENVER Colorado 80221 FORT COLLINS Colorado 80525 Delivery Date: 01/12/2012 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 5 ADDENDUM TO PO 9120210 1 LOT EA 10,000.00 BODY ARMOR BLKT PO 2012 (REQ 41464) 6 ADDENDUM TO PO 9120210 1 LOT EA 2,750.00 BODY ARMOR BLKT PO 2012 (REQ 41464) Total $12,750.00 UInvoice 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 II, 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 fmm state and local taxes. Our Exemption Number is 98-0H502. Federal Excise Tax Exemption Certificate of Registry 94-0)(110587 is registered with the Collector of burned Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 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 retuned to you for credit and am not to be replaced except upon receipt of ,riven insmetion, from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hercoC 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 goods hereunder or approval of the design, shall not release the Seller of any of the wamaties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict perforomme herenfor 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 m rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, scrviecs 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 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 hemafer 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 otherwise specified on this order. If permission is given to prepay freight and charge sepxmtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. 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 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 fmm the nearest distribution point to destination, and excess freight will be deducted Form Invoice when Purchaser and the Seller, and the Seller themaftrr indicates its inability or unwillingness to comply. the Purchaser shipments arc made From greater distance. may cause the work to be perfomcl by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality. territory or political subdivision w'hem 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 hamless from aad against all liability and lot incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms 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 terms and canditions 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 promised delivery date as noted. Time is ofthe essence Delivery and Performance most be 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 opcmtc as a waiver of this provision. In the event of army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplaing this order clwwhcm 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 of negligence. such acts of God, acts of civil or military authorities governmental priorities, fires, strikes, food, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 wmmnts that all 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 purpases intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamless firm any loss, damage or expense which the Purchaser may suffer or incur on account tithe Sellers breach of won my. 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 he prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Pnrchascr shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmxicarmly caused by the breach ninny ofthe foregoing wwmtnics or guarantees, but such liability shall in no event include loss ofpmfits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temu by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the tans, other than legal tans, including additions to or deletions from the gnotifv, originally ordered in the specifications or drawing., by verhal or .written change order. If nov such chance 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 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 panics as to any work or materials then in progress provided 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 Seller with respect to any goods which arc the Sellers standard stock. No such teminntion shall relieve the Purchaser ar the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserted within thirty (30) days farm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants 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 goods arc subject. The Seller shall execute and deliver such documents as may he 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 hamless from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, masfeq 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 wamnLc full, clear and unrestricted title to the Purchascr fro 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 of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance ofmch stork. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ogee. and employees ofsuch party. The Seller's contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perfomcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, choice, material or process co%cred by letter, patent, nadcntark or copyright, the Seller shall indemnify and save ham less the Purchaser Form anv and all claims for in fringcment 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 cast. expense or damage which it may be chi iged to pay by reason of such in(riagcmcnt at any time during the prosecution or after the completion o(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, tither procure for the Pamhaacr the night to continue using said equipment or parts, replace the same .with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankmpd, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Sellers Representative(.,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcr's own risk until the same is fully completed and accepted, and shall, in erase of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment are famished by others for installation or erection by the Scllcr, the Seller shall receive, nvinad. .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 odor, IR. INSURANCE. The Sellershill, 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, contraetunl and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person. S500.006 for nay one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors. if any, to provide for Such compensation and insurance. Before ray of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnce have been provided. Such ecnificates 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 Scllcr hereby nssumes the entire responsibility and liability for anv and all damage. loss ar injury of any kind or nature whalsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase orderor in connection herewith. The Seller will indemnity and hold hamlcc the Purchaser and any or all of the Purehaxcm 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 pot or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his conmy.. or anv of the Sellers or contractors effects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many time on account or by reason of any act, action, neglect omission or default of the Scllcr of any of his contactors or any of its or their officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay am' and all costs, charges, attoracys fees and other espeases. 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 pmpcny of the Purchascr, or said panics in or as a result ofsuch .suits or other maccedin;y. the Seller will at once use the same m be dissolved and discharged by giving bond or otherwise. The Seller sad his contractors shall take all sfery 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 rules and regulations issued pursuant thereto. Revised 03/2010