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HomeMy WebLinkAbout536805 KEY-RITE SECURITY - PURCHASE ORDER - 9142502City of Fit Collins Date: 05/05/2014 Vendor: 536805 KEY -RITE SECURITY 2120 S GRAPE ST DENVER CO 80222 PURCHASE ORDER PO Number Page 9142502 1012 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i OTHER PROF 6 TECH SERVICES 212 W MTN SECURITY INSTALL City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 1 LOT LS 16,810.00 Total $16,810.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from rrro rid local faxes. Our Exemption Number is II. NONWAIVER, 98-04502. Federal Excise TO. Exemption CeNfcate of Registry 84-6000587 u regircred with the Colour of Failure of the Purchaser m insist upon aria performmm of the terms and conditions better,, failure or delay to Internal Revenue, Denver, Colorado (Be[ Colorado Revised Sutures 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein ar by law, failure to promptly natiq the Seller in the event of a breach, the acceptance for Wy near for goods hereunder or approval fthe carrier, shall not release the Seller of Goods Rejected. GOODS REJECTED due is, failure to meet specifications, eider whm shipped or due to defect, of my of the warranties or obligations of this purchase order and shall act he deemed a waiver of any right of the damage in most may be mumed to you for credit and are most to be, replaced except upon receipt of written Purchaser to insist upon shim performance hercofor any of its rights or remedies as many such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as many prior or subsequent default heteundn, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Impaction. GOODS are subject to the City of Fan Collins inspection on arlvaL heseof. Final Acceptance. Receipt of the merchandise, services or equipment in respmue to die order can result in 12. ASSIGNMENTOF ANfITRUSTCLAIMS. authorised payment on the pan of the City of Pon Collins. However, it is to be understood Nat FINAL Seller and the Purchaser emagniu that in acwl m is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion oral applicable infrared inspection procedures. violations are in fact home by the Purchaser. Theretoforefonr goad cats and as; mmideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims n may now have or heritage, Freight Tenn. Shipments mutt be F.O.B., City of Fort Collins, ID0 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or sure antimat laws for such overcharges mladag m the particular good or services otherwise specified on this order. If permission u given to prepay freight and charge separately, de original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for picking will not be reiterated. Shipment Distance. Where manufacturers have distributing points in various pert of the country, shipment is expected from that nearest distribution Point to i atimtion, and excess freight will be deducted from lovoice when shipments are made from greats distance, Permits. Seller shall procure at sellers sole cost all necessary p rmia, ratifcata and licaut required by all applicable laws, regulation, ordinance and rules of the state, municipality, mrimry or political subdivision where the work is performed, or terminal by any other duly constituted public authority havingjum dichon aver the work Of vendor. Seller further agrees so hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an restated or established violation of any such laws, regulators, ordinances, tales and requirements Ammen-tion. All pmia m this contraal agree that the representatives are, in fact, bona fide and posstss full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tens and conditions stated herein set forth and any supplementary or additional tans 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 move on your promised delivery date as noted. Time is of the essence Delivery and performance mat be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial fah deliveries, shall operate as a waiver of this prowl r. In me even) crony delay, the Purchaser shall M1ave, in addition to other legal and equitable natural Me option of placing this order elsewhere and holding me Seller liable for damages. However, d, Seller that not he liable for damages as a caul, of delays due to causes Out reasonably foreseeable which are beyond its memorable, control and without its fault of negligence, such was of God, ace ofcivil or military authorities, psereunrntal prommics, fires, strikes, rood, epidemics, was or ,tots provided that notice of the Condition causing such delay is given W the Purchaser within five (5) days of the time whm the Seller Goal received knowledge thereof. In the event of any such delay, the date of delivery shall b, exlmded for the period equal to the lime actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, matat and work covered by this order will conform with applicable drawings, specifrroma, samples and/or other description givrn, will be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with neared standard for work of a similar mount. The Seller agrees to hold the purchaser homeless from any loss, damage or exports, which the Purchaser may safe or incur on recount of de Sellers breach of aramanty The Seller shall replace, repair or make goad, without cost to the purchase, any defers or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by me Seller after the date of acceptance of Me goods famished hereunder (are pti nce not Or be unreasonably delayed), resulting from impart t or de@ctive work done of matainls fmished by the Seller. Acceptance or me of good by the Purchaser shall not constitute a waiver of any claim under this warmty. Except az otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Woxlma rly caused by the breach of any of Use foregoing werream or guarantees, but such liability shall in no event include loss of profits or loss of rate, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ,emu, other than legal terms, including additions m or deletions from the quc ties originally ordered is the s,vi Creation or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpabrommce hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as many or all portion of the good then not shipped, subject to any equitable adjustment between the parries as m any work or marerials then in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and cat no such adjntmenr be made in favor of me Seller with respmt W any goods which are the Sellers standard stock. No such termination shall relieve the Probe tt or the Seller crony oftheir obligations as. many good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be creamed within dirty, (30) days from the date the change or momentum b ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are subject The Seller shall emcum and deliver such documents as may be required in effect or evidence compliance. All laws arc regulation required m be incorporated in agreements of this character arc hereby wainscot herein by this re( ce. The Seller agrees m indemnify and hold de Purchaser hamleas from all mats and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither posy dull assign, mover, or convey cis ordn or my monies due or m become due hereunder without the prior written consent of Me other party. 10. TITLE. The Seller wartms full, clear and unrestricted title or the Purchaser for all equipment materials. and than. famished in performance of this agreemem, free and clear of my and all liars, rauicume, reaervaiiares, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct, Me Sella V, correct nonconforming or defective good by a date to be agreed upon by the Purchaser and de Seller, and for Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to her performed by de most expeditious means available W it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its conhaams of any tier from all liability and claims of any nature resulting from d, 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 party. The Seller's mmowmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. mammal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchat from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with me contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan dcreof or the intended use of the goods, is in such suit held to corshimte immurement and me 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 in continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or madify it m it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupts, make an assignment for the benefit of creditors, appoint a taever or trustee for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tern used or the interpretation ofde agreement and the rights of all patties hereunder shill be, mrecomm d under and governed by the laws of the Some of Colorado, USA. The following Additional Conditions apply only in rues where the Seller is to perform work hereuMer, including the services, of Sellers Rc,rescommsge), on the premiss mfoders. 19. SELLERS RESPONSIBILITY. The Sella shall may, on said work at Sellers own risk until the same u fully mmpltted and accepted, and shall, in use of any accident, destruction or injury to de work cal nomeras before Sellers dal completion and acceptance, complete the work at Seriefs own expense and a the sarisfaction of the Purchasc. When materials and equipment are famished by others for installation or erection by the Seller, de Seller shall receive, unload, score and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by de Sell,, under the Order. I B. INSU RANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease brnefits, to its employers employed on or in connection wad de work covered by this purchase code, andar to their dependents in accordance with the laws of the stare in which Me work is t0 be done. The Sella shall also carry comprehensive general liability including, but not limited to, commaral and automobile public liability insurance with bodily injury and death limits clot least 53 W,WO for any one person, SSW,000 for any one accident and properly damage limit per accident of $400,000. The Seller shill likewise require his contractors, if any, to provide for such compenaaan and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises Of others, the Sella shall furnish the Purchaser with a cenificare, that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify de date when such compensation and in expires m The Seller agrees that such coperromon and Insurance shall b< maintained until offer 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, Ins or injury ofany kind or nature whatsoever to persons or property caused by at resulting from the execution of me work provided for in cis purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchasc and any r all of the Purchasers officers, agents and employees from and against my and all claims, Irises, damages, charges or expenses, whether direct or indirm, and whether m pcations or property m which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the Isar, of the Seller, any of his cannot or my of the Sell. or can cams, officers, agents a employees. In esse any suit or other proceedings shall he brought against the Purchases, or its officers, agents or employees at my time on account or by reason of my can, nation, neglect, omission Or default of the Sella of my of his contractors a my of its or their eMs.. agents ar employees as afotesaid, the Seller hereby agrees to assume the defense thereof anal W defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgment that nay be incuned by or obtained against the Purchaser or any of its a these ollem, agents or employees in such suits or other proceedings, and in case judgment or other lien he paced upon o, obtained against the progeny of the Purchaser, or said parries in or as a result ofsuch suits or other proceedings, the Seller will at matt cau¢ the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precaution, Finnish and install all guard necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limi nficn, the Occupational Safety and Health Act of 1970 and all tales and regulatmu issued pursuant Manchu. Revised 03R010