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HomeMy WebLinkAbout322996 CUSTOM SECURITY LLC - PURCHASE ORDER - 9120868PURCHASE ORDER Po Number Page City OfCollins 9120868 ' of z ��� n �+�7 COI` l This number must appear I on all invoices, packing `t slips and labels. Date: 02/09/2012 Vendor: 322996 Ship To: POUDRE FIRE AUTHORITY - AD CUSTOM SECURITY LLC 102 REMINGTON PO BOX 393 FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80522 Delivery Date: 02/09/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Access control, wire repair 1 LOT LS 6,195.00 Station 1 remodel Total $6,195.00 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 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 Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Port Collins is exempt from state and local taxes, Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered .with the Collector of Internal Revenue, Denvee Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (r). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance ofthe teens and conditions hereof, failure or delay to xcrcisc any rights or rcmedics provided herein or by law, failure to promptly notify the Seller in the exert of a breach, the acceptance ofm payment for goods hercuader or approval ofthe design shall not release the Scherer any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist open strict performance herenfornny of its rights or rcmedics as to any such goods, Terrorless of when shipped, received or accepted, as to any prior or subsequent dcfanit hcrcundcr, nor shall any purported not modification or rescission of this purchase order by the Purchaser operate as a "'river of any of the terms base(. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAI MS. authoried payment on the part of the City of Fort Collins Briscoe, it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion otall applicable required inspection procedures. violations arc in fact borne 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 Temms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St.. Foe Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges rcif ing to the particular goods or services otherwise specified on this order. If pcmtission is given to prepay freight and charge s,pnmtcly, the original freight purchased or acquired by the Purchaser pursuant to this parchasc order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufrcturcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller Incorrect nonconfomting or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchuscr and the Seller, and the Seller thereafter indicates its inability rr umvilliogness to comply. the Purchaser shipments me made from greater distance. may cause the work to be perforated by the most expeditions means available to it. and the Seller shall pay all costs rssocimcd with such work. Permit, Seller shall procure at sellers sole cost all necessary pemtits. certificates and licenses required by all applicable laws, regulations. ordinances and ales of the state, municipality, territory or political subdivision 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 rascrted or established violation of any such laws, regulations, ordinances, rules and requirements. Authoriratiom All panics to this contract agree that the represontatives are, in fact. bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein .set forth and any supplementary or additional teas, and conditions annexed hereto or incorporated herein by reference. Any additional or different tears 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 mime on your promised delivery, date as noted. Time is of the 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 ofpartial late deliveries, shall operate as a waiver of this provision. In the event of eny delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere end holding the Scllcr liable for damages. Hmvever. the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofneghgence, such acts of God, act ofeivil or military authorities, governmental priorities, fires, strikes. Pond, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knew ledge 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 warrants 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 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 or within such longer period of time as may be prescribed by law or by the teat of any applicable aurranty provided by the Seller aRer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Tarnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim tinder this warranty. Except as otherwise provided in this purchase order, the Sellers liability hcvende, shall extend to all damages proximately caused by the breach ofany ofthe Inferring warranties or guarantee, but such liability shall in no event include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make chances to kcal teats by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, 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 chance affects the rmount due or the time ofperfnrmance 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 rll portions of the goods then not shipped, subject to any equitable adjustment bctwxen the parties 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 ofthe 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must he 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 grinds 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmdcss from all costs and damages suffered by the Pnmhascr as a result ofthe Sellers failure to comply with such lam. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Scllcr warrants fall. clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothem. The Seller shall release the Purchuser and its contractors of any tier from all liability and claims of any nahwe resulting Form 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 of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any may, because such work is performed or caused to be perforated by the Purchaser. 14. PA TENTS. 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 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 shell indemnify the Purchaser for any cost expense or damage which it any be obliged to pay by reason ofsch infringement at any time during the pmsecutino or after the completion ofthe 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 noninfrioging equipment or modify it so it becomes nnninfringing. 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 liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the Taws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to ,,fomt work hereunder. including the services cf Scllcrs Rcprescuative(s), on the premises of others. 17.SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's man risk until the same is fully completed and accepted, and shall. in ease of any accident, destruction or nitrify to the work and/or materials before Seller4 final completion red acceptance, completethe work at Seller's man 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 rcr,ox, 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. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occuprtlional 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 Imws of the slate in which the work is to be there. The Seller shall also carry comprehensive general liability including, but not limited to, contractal and automobile public liability insurance with brxlily injury and death limits of err least S300.000 for any one person. S500.100 for any one accident and property danmge limit per accident of S400,000. The Seller sIm11 likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmcmrs employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when ,such compensation and mirmnee 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 emirs responsibility and liability for any and all damage, Ins, or injury fany kind or nature whatsoever to persons or property 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 oRccm 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 part of the Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any snit or other proceedings shall he 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 it or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof red to defend the same at the Sellers ram expense, to pay any and all costs, charges, atromcys fees and other expenses, any and ell udgment 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 case judgment or other lien be placed upon or obtained against the property of the 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 otherwise. The Scllcr, and his contractors shall lake all safety precautions, furnish and install ell guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all riles and regulations issued pursuant thereto. Revised 03/2010