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HomeMy WebLinkAbout486381 FTF TACTICS LLC - PURCHASE ORDER - 9122777PURCHASE ORDER PO Number Page City of PURCHASE 9122777 102 } CollinsCThis number s, p appear ` ` J on all invoices, packing slips and labels. Date: 05/15/2012 Vendor: 486381 FTF TACTICS LLC PO BOX 803032 SANTA CLARITA California 91380 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 05/15/2012 'Buyer: ED BONNETTE Note: PER INVOICE #04022012 DATED 4/2212012. / Line Advanced Tactics May 2012 Training Description 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 1 LOT / LS Unit Price Total Invoice Address: Price 9,500.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state end local uses. Our Exemption Number is 11. NONWAIVER. 09-01502. Federal Excise Tax Exemplinn Cenifcate of Registry 84-On00587 is registered with the Collector of Failure Of the Purchaser to insist upon strict Performance of the terms and renditions 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 Ire, failure to promptly notify the Seller in the event of it breach, the acceptance infer payment for goods hereunder or approval ofthc 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 be deemed a waiver of any right of the damage in transit. may be roomed to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights or remedies as to any such courts. regardless instruction, fmm the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or remission of this purchase order by the Pumbascr operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fen Collins inspection ern arrival. hemnf. Final Acceptance Rcecipt of the merchandise services or equipment in response to this order can msadl in 12. ASSIGNMENT OF ANTITRUST CLAI NIS. authorized paymem on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seiler and the Purchaser recognize That in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is deacr m upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collin,. 700 Wood St, Fort Collins, CO 90522, unless acquired tinder federal or state antitrust Imes for such overcharges relating to the p miculnr goods or services otherwise specified an this order. If pemmic ion is given to pmpry freight and charge separately, the original freight purchased err acquiml by the Purchascr personal to this purchase order. bill must accompany itwnice. Additional charges for packing will not be accepted. Shipment Distance. %%'here manufactures have distributing points in various pans of the country. shipment is expected front the nearest distribution point to destinauion, and excess freight will be deducted fmm Invoice when shipments are made front greater distance. Pewits. Seller shall procure at sellers sale cos, all necessary permits. certificates and licenses requited by all applicable law S. regulations, ntdirea ces and rules of the state. municipality, rcmtory or political subdivision where the work is performed, or required by any other duly constituted public i uthorip having jurisdiction over the work of vendor. Seller further agrees In held the City of TOM Collins harmless fmm and against all liability and less incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements, Authorivation. All panics to this contract agree that the representatives arc in fact, bona Fide and possess fall and eompletc authority to bind said parties. LIMITATION OF Tf:RMS. This Purchase Order expressly limits acceptance to the terms and conditions Shoed herein set forth and any supplementary or additional terns 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 if yOu cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance taus, he effected ithin the time stated on the purchase order and the dtauntents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanirl laic deliveries, shall operate as a waiver ofthis prevision. In the event ofo..y delay. the Purchaser shall have, in addition to other legal and equitable remedies the option of placing this order clsmvhcm and holding the Seller liable for damages. Ilnwever, the Seiler shall not be liable for damages as a rebel, of delays due to causes not reasonably foresecablc which arc beyond its reasonable control and without its fault offigligence, such acts of Gad. act, Of civil Or milit., aothorhics, gnvemmental priorities, fors, strikes, flood, epidemics, years or riots pmvidcd that notice of the conditions emtsing such delay is given to the Purchaser within five (5) days of the time when the Seller fist received knowledge thereof. In ,he, event of any such delay, the date of ddivcry shall be extended for the period equal a the time acturally Ins by rcasn r ofthe delay. 3. WARRANTY. The Seller wamnts that all grad, 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 form any loss. damage or expense which ,he, Purchaser may suffer or incur on account of the Seller, breach of mammy. The Seller shall replace. repair or make good, willparcost ID the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prewribed by law or by the toms of any applicable warranty pmvidcd by the Seller aRer the date of acceptance of the good famished hereunder (amepunee net to be unreasonably delayed), resulting from imperfect or defective work done or materials 0mmished by the Seiler. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this womanly. Except as Otherwise provided in this purchase order, the Sellers liability hereunder Shall extend to all dnnmgcS pmsimmely caused by the breach of any of the foregoing wammics or g rmarrecs, but such liability shall in no event include loss of profits or loss of ric. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal.emu by written change Order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the trans, other than legal terms. including additions to or deletions from the tonalities originally entered in the specificainns or drawings by ,but of wriucn change inner. If any .aach change offecta the amount duo or the time ofperfomance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the ,rods then net shipped, subject In any egnimble adjustment between the panics a.s to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfit% on the uncompleted portion of the goods and/err work, for incidental or consequential damages, and that ern .such adjustment he made in favor of the Seller with respect to any good which arc the Sellers standard steck. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty, (30) days Form the dam the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seiler wamnts that all grad sold hereunder shall have been produced. sold. delivered and famished in strict compliance with all applicable Imes and regulations to which the goods are subject The Seller shall execute and deliver such decuments as may be required to effect or evidence compliance. All laws and mir dalions required to be incorpomted in agrecments of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamlcs, from all crisis and damages suffered by the Pucha a r as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomance of this agreement. free and clear of any and all liras, restrictions, resen:ations. Security interest encumbrances and claims ofmhes. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. [The Purchascr directs the Seller to correct nonconforming err defective good by a date to he ap,,d upon by the Purchascr and the Seiler. and the Seller (hereafter indicates its inability orunwillingness to comply, the Purchascr may cause the work to be perforated by the mast cxpcditimus means available to it and the Seller shall pay all cosy associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting diem the perfomancc of such work. This release shall apply even in the event of fmOt of negligence of the party released and shall extend to the diruces, officers and cft Ployces of such Party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perternned of caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is retpmired to use any design, device, material or process covcmd by letter, patent, trademark or copyright the Seiler shall indemnify and smrc harmless the Purchaser from any and all claims for infringcncnt by reason Of the use of such patented design, device, material or process in connection e'ith the contract, and shall indemnify, the Pumbamr for any cost expense m damage which it may be obliged to pay by reason of such infringcmcnt at any time during the prosecution or after the completion of the work. In case said equip ncru. or any part thereof or the intended use of the goods, is in such ,suit held to constitute infringcmcnt and the use of said equipment or part is cnioined. the Seller shall, at its own expense and at its option, either pattern, for the Pumhnscr the right to continue using mid equipment or pans. replace the sonic with substantially equal but noninfringing equipment or mnrlify it so it hecomes anninfringing. 15. INSOLVENCY. If the Seller shall hcemoc insolvent or bankrupt, make an assignment for the bereft of creditors. appoint a receiver or Innou, for any of the Sellers pmpcoy, or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions offer.... used or the interpretation ofuhe agreement and the rights ofall panics hcrrmder shall be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Condiuions apply only in cases where the Scllcr is to perform work hcreander. including the sen'ices of Scllcr Rcpmsenmtive(s), ern the premise, ofothcs. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said wnrk at Seiler'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 Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction Of the Purchascr. Wncvn materials and equipment arc famished by mher for installation or erection by the Seller, the Seller shall receive. afford. store and handle same at uhe site and become responsible thriven as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expanse. pmvide her the payment of worker, crome nsatinn, including occupational disease benefits, a its employeeS employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry conrprcicnsivc general liability including, but not limited to, contmetuN mid automobile public liability incur. cam with bodily inittry and death limits of at ]cast S300.000 for any One person S500,000 for nay one aceidcm and property (hnmage limit per accident of S400.000. The Seller shall likewise require his conuacmrs, nary, to provide for Such compensation and iasumncc. Before any of the Sellers or his contractors employees shall do any work upon the pmuu,v, of oche¢ the Seller shall famish the Purchascr with a ceni0catc that .oath enmpeo,alion and insi necc have been provided. Such ceniticates shall specify (tic (lute when such contpensmimm and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr ngices that such compensation and insurance shall be maintained until after the entire work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssnmcs the entire res am,ibility and liability for any and all damage, loss or injury orate, kind or nature wh:dstmver to persons or property caused by or resulting Form the execution of the work provided for in this purchase order or in connection here, ith. The Seller will indemnify and hold harmless the Purchascr and any Or all of the Purchnmr, officers, agents and employees feet, 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 cony be put or subject by reason of any net, action, ncglmt, omission or default on the part Of the Scllcr, any of his comment". or any of the Sellers or contractors officers. agents or employees. In case any Suit err Other ,me .. fing,shall be bmught against the Purchaser, or its Officers, agents or emplovees at ray time on account or by reason of any act, action. neglect emission or default of the Seller of any of his contractor or any of its or their oRecm. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the smme at the Sellers 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 Purchascr or any of its or their offices, nFeas or employees in Such suits or other pmcccdings. and in case judgment or other lien be placed upon or obtained against the pmpeny of the Pumhascr, or said panics in or as a result of Such suits or other proceedings, the Seiler will at once cause the some to be dissolved and discharged by giving bond or othcmisc. The Seller and his contractor .hall take all safety prccaulions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to surety including. but without [initiation, the Occupational Safety and 1lcalrh Act of 1970 and all rates and mgulations issued pursuant thcrem. Revised 031201n