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HomeMy WebLinkAbout246112 LARIMER COUNTY SHERIFF'S OFFICE - PURCHASE ORDER - 9122587City of wort Collins Date: 05/02/2012 PURCHASE ORDER Vendor: 246112 LARIMER COUNTY SHERIFF'S OFFICE ATTN: SHIRLEY DEVORE 2501 MIDPOINT DR FORT COLLINS Colorado 80525 PO Number Page 9122587 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MUNICIPAL COURT CITY OF FORT COLLINS 215 N MASON, 1 F FORT COLLINS Colorado 80524 Delivery Date: 05/02/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1st Qtr Prisoner Holds 2012 1 LOT LS 7,100.00 Per inv dated 4/24/2012 i C3. Oi'la:s-Q � 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 Total Invoice Address: 100.00 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 more the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-W502, Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failurt of the Purchaser to insist upon strict performance of the terns and conditions hereof. !Mare or delay In Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39 26. 114 (a). exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, the reentrance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJ ECTF.D due to @ilure to meet specifications, either when shipped or due m defects of any of the wr ma ties or obligations of this purchase order and shall not be deemed a waiver of any ri ant of the (].image in transit, may be returned to you for credit and arc not in be replaced except upon receipt of written purchaser to insist npnn .strict performance hercoformy Of its rights or remedies as to mo, such goods. regardless instructions from the Cily of Fort Collins. of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall env purported nl ..odifiemion or rescission of this purchase order by the Purchaser operate as a waiver of ow of the toms Inspcclion. GOODS arc subject to the City of Port Collins inspection on arrival. hereof. Final Acceptance Reecipt of the merchandise, services or equipment in resmisc 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 anti the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vickoinns 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 Terms. Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fort Collins, CO 9052'_, unless acquired under federal or state antitrust laws for such overcharges relating to the panieular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchaser pursuant to this purchase ordet, hill must accompany invoice. Additional charges for packing will not be accepted, Shipment 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 lnvnice when shipmem s.ire. made from greater distance. Pemuits. Seller shall procure at sellers sole cost all necessary' permits. eenifeates and licenses required by all applicable laws, regulations, ordinances and rates of the state. municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of candor. Seller further agrees to hold the City of Fun Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requircmemts. Authorization. All panics to this contract agree that the representatives are. in fact. hear Ede and possess fall and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order esprec Is' limits acceptance to the terms and conditions .stated herein set forth and any supplementary or additional tams and conditions annexed harem or incerpnm ed herein by reference. Any additional or different terms and conditions Imposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to rome 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 limiation, accepance nfpartial late deliveries, shall operate as a waiver of this provision. In the event of any dclay. the Purchaser shall have. in addition to other legal and equitable remedies, the option ofpincing this order clsavhcrc and holding the Seller liable for dznmges. Ihmwv%cr, the Seller shall not be liable for dannages as a result of delays due m causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities. governmental priorities, fins, strikes Rand, 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 cmendcd for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. d'he Seller warrants that all goods, articles, materials and work covered by this made, will conform with applicable dnwings, specifications samples ondlm other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with icccluel standards for work of s similar manic. 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 warrants. The Seller .shell replace, repair or make good, without cost to the purchaser, any defects or fitults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable mammy provided by the Scllcr after the date of acceptance of the good furnished hereunder (acceptance not to he 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 ofaay claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages prrzimately caused by the breach of any of the foregoing warranties or guanntccs, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written chance order. 5. CI IANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the tans, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verhal or nriucn change enter. If any such change affects the amount due or the time of performance 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 Famous of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress provided that the Purchaser shall net be liable for anv claims for anticipated pre its on the uncompleted Portion optic goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any toads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their abligal ions as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been Prot sold. delivered and famished in strict compliance with all applicable laws and regadations to which the good arc subject The Scllcr shall execute find deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in ag erfacnts of this character are hereby incorporated herein by this reference. The Seller agrccs to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser 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 wamnts fill, dear, and unrestricted lift, to the Purchaser for all equipment, materials. and items furnished in Performance of this agreement, five and clear of any and all liens, restrictions, rescn, nisnas, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaserand the Seller.and the Seller thereafter indicates its inability nr unwillingness to comply. the Purchaser cony cause the work to be performed by the most expeditious means available to it. mad the Scllcr shall pav all cost associmcd wish such work. The Seller shall release the Purchaser and it, contractors of any vier from all li.+hility, and claims of any nature resulting from the performance of such work. This relines shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including mammy. shall not be deemed in he reduced. in any may. because such work is perfomod or caused to he performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use env design, device, material or process covered by letter, patent trademark or copyright the Seller shall indenmify and save harmless the Purchaser from anyand all claims for infringement by reason of the use of such premed design, device. material or pmcess in connection with the contract. and shall indenmify the Purehamcr for any cost, expense or damage which it nay be obliged to pay by reason of seh infringement nt any lime during the prosecution or for the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of .said equipment or part is enjoined, the Seller shall. nt its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the simc with suhsmatially' equal but nnninfringing equipment or modify its , it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver far trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnrchnscr withaut liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthc agreement and the rights ofall panic hereunder shall be ennstnred under and governed by the imvs nfthc State of Colomdo, USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder. including the services ofSeller, Reporlentolivc(s), na the premises ofathers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk until the same is fully conplcred and accepted, and shall, in cast of anv accident destruction or injury to the work and/or materials before Scllcrs final completion and acceptance complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or crcdion by the Seller. the Salle shall receive, unload. store and handle same at the site and become responsible therefor as though such materials andlor equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of era-locs compensation, including occupational disease benefits, to it enpleyccs c..plcycd on or in connection with the work covered by this purchase order. andlor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller stall also carry comprcheaske general liability including. but not limited to, conlmetunl and automobile public liability insurance with bodily injury ,,it death limit of at least $300,000 far 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 cntpsimation and insurance. adore any of the Sellers or his contractors employees shall de any work upon the premises ofothers, the Seller shall furnish the Ptuchaser with a ccnificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecnifieates shall specify the data when such compensation and insurance expires. The Scllcr agrees that such conmensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchy assumes the entire responsibility and liability for any and all damage, loss or injury, ofaay kind or nature w'hatoever to persons or property caused by of resulting from the execution cflhc work pmvided for in this purchase nrler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchacm officers, agent and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and w hethcr to persons or pmpcny to .Ankh the Purchaser may be put or subject by reason of any net. action, neglect omission or default on the Pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agent of employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by rensan of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, in 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 offices. agents or employees in such .suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny ofthe Puri or said parties in or as a result of such suits or other proceedings, the Scllcr will at once cause the sane to be diswI%cd and discharged by giving bond to otherwise. 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 valets, including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and reganlations issued pursuant Iherem. Re,kcd 03/2010