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HomeMy WebLinkAbout486381 FTF TACTICS LLC - PURCHASE ORDER - 9142723PO PURCHASE ORDER 914272er Page CI�/ of PURCHASE 9742723 t of ' `t Collins Ins This number must appear ` V ` on all invoices, packing sli s and labels. Date: 05/14/2014 Vendor: 486381 FTF TACTICS LLC PO BOX 803032 SANTA CLARITA CA 91380 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 05/13/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Tactical Training 1 LOT LS 12,000.00 May 2014 SWAT 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@fcgov.com Total Invoice Address: 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 or Fort Collins is exempt from state and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Cmibcaty of Registry 84-6000587 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Suites 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS RD ECTED due to failure a .,at specifications, either when shipped w due an dares of damage in mansio, may be retained to you for credit and we not to be replaced except upon receipt of written matmetions from the City of Fod Collins. Inspection. GOODS are subjeet to the Ciry of Fort Col ins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in mthorizd payment on the Pan of the City of Fare Collins. However, it is Io be utWerstood that FINAL ACCEPTANCE isdependent upon completionofall applicablerequired imp fimprocedure. Freight Terns. Shipments most be F.O.D., City of Fort Collins, 700 Wood Sc, Fort Collins, CO 80522, unless otherwise specified on this order. If permission e, given to prepay freight and charge separately, the original freight hill must wromnanv invoice. Additional there s for nackine will not be accemd. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point ra destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all nacssary pemrits, certificates and licenses required by all applicable laws, regulations. Ordinances and roles of the state, municipality, moimry or political subdivision where the work is performed, or requird by any order duly constituted public authorty bavingymadiclm. ova the work of vendor. Seller Rotor agree, to hold the City of Fan Collins harmless from and against all liability and loss incurred by mere by brawn of an asserted or established violation of any such laws, regulations, ordincnm, rules and requirements. Authorization. All patties to this contract agree that the repmsenunivn are, in fact, now fide and possess full and complete authority to bind said panics. [.IMITATION OF TERMS. This Purchase Order expressly limits armptanle to the terms and conditions stated herein at forth and any mpplamenu ry w additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different harms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make comp].a shipment to arrive on your promised delivery date as tatted. Time is of the essenm. Delivery and performance must be effected within the time stated on me purcha e, order and the docummts attached hereto. No ace of me Purchesers including, without limitation, acceptance ofpanial lam deliveries, shall Operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and wimoar its foull of negligence, such acts ufGod, ace; afcivil or military authorities, govemmeml priorities, fires, strikes, Rood, epidemics, wars or riots Provided that mice of list conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller not received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for no period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller war ants that all goods, articles, aetma6 and work covend by this order will cast.. with applicable drawings, specifications, staples andtor other daseriptions given, will be fir far the Proposes intended and per(ottned wire the highest degree of are and eottgemnce in accordance with occurred stm ..n< Orr work of is mila, [afore. The Seller agrees to hold me Forebear, harmless from any loss, damage or expense which the Pmebaser may suffer or incur on account of the Sellers breach of wmmnry. The Seller shall replace, repair or make good, without cost an the purchaser, any defecrs or faults arising within one (1) year or within such longer period of time ns may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the clam of acceptance of the goods fumiahed hereunder (aceptance not to be unreasonably delayed), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchase, shall not constitute a waiver of any claim under his waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages P,..i..Iy caused by the breach of any of On foregoing warranties or guarantees, but such liability shall in no event include loss of pfofts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Friedman, may make changes to legal terms by... change order 5. CHANGES IN COMMERCIAL TERMS. Ile Purchaser may make any changes as the terms, other than legal moms, including additiom to or deletimu from the quentilies originally ordered in the specifications or drawings, by verbal or action change order. If any such change affects the amount due or the time ofperfmrnance hereunder, an equitable adjustment shall be made. 6. TERM [NATIONS. The Purchaser may ar any time by written change order, mnninale this agreement as to any or all romyna of the goods then not shipped, subject to my equitable ndhicar mt between the parties as to my work ar nationals than in progress provided mat the Purchase shall not be liable for any claims for anticipated profits on the uncompleted portion orthe goods We, work, for incidental or ca nsegaential damages, and Out no such adjustment he made in facer of me Serer wire reap., On any goods which see the Senors standard umck. No such t.min u m shall rehave the Purchaser or the Seller of my of heir obligations as in any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assured within rainy (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants mat 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 art subject. The Seller shall execute and deliver such documents as may he required to affect or evidence compliance. All laws and regulations required to be incorporated N agreements of this character are hereby incantational herein by this reference. The Seller agrees to indemnify and hold the Purchaser hrment. Rom all costs and damages st fad by the Purchaset as a resin, of me Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party Shall assigns transfer, or compy this order, or any monies due or m become due hereunder making the Prior written consent ofthe other party. IRTITLE. The Seller warrants full, clear and unrestricted title to the Puchmer for all cqulpmml, materials, and items famished in perfmmance of his agreement, free and clear of any and all liens, restrictions reservations, security interest mcumbmnces and claims of.$at,. 11. NONWAIVER. Failure of the Pumhsscr to insist upon strict perfosmmtes of the terms and conditions hereof. failure or delay to exercise any rights or remakes provided harem or by law, failure to promptly notify the Seller in the event of a breacM1 the acceptance ofor payment for goods hereunder or approval of the design. shall not mlease the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received ar accepted, as to any prior or subsequent default hereunder, nor shall any purported Orel modification or rescission of this purchase order by the Purchaser operate ns a waiver of any of due limits hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purthaur recognise than in armed economic practice, overcharges resulting From aationst violations arc in fact borne by the PmcM1aser. Theamfore, for good cause and ns consideration far examine, Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or broader acquired under federal or state antitrust laws for such overcharges reusing to the particular goads or services purchased or acquired by the Pucb cot pursuant to this purchase order. 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 Purchaser and the Sept, and lbe Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause she work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sell. shall relase the Pamham, and ice contm.ars of any her from all liability and claims of any name resulting firm the performance afsucb work. This relense shall apply .'en in the event or fault of negligence of the party released and shall extend to the due., officers and employees of such party. The seders contractual obligations, including warranty. shall not he deemed to he reduced. in any way, because such work is performed or caused to be performed by the Purchaer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later. Patent, trademark r copyright, the Seller shall indemnify and save hsmleas the Purchaser from any and all claims for infringement byren of the use of such patented design, device, material at Process in connection with the contract, and shall indemnify the Purehsser far any cost, expense m damage which it may be obliged m pay by... of such management at any time during the proseemion in after the completion of the work. In case said equipment, or say pan Owner or the intended use of the goods, is In such suit held as console. Infra grape at and me not of said equipment or Pon is enjoined, the Seller shall, at its awn expense and ar its option, either Furnace for me Purchaser the right to continue using said equipment or parts, replan the same with substantially equal but nmdnGnging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmPt. make an assignment for the benefit of creditors, appoint a use for any Of the Sellers property or business, this order may forthwith be canceled by the Pumhzor trustee ser withal liability. I& GOVERNING LAW. The definitions oFla. used Or me interprdation of the agreement and me right ofail parties hereunder shall be concerned miler and governed by the laws ofthe Stara of Colo al USA. The following Additional Conditions apply only in cases where the Seller e, no perform work hereumder, wcluding the services o'SellersRaprematuriva(s), on the promisesof others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work moVor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumishan by others for installation ar erection by the Seller. the Seller shall receive, reload, some and handle same at the site and become respmasible therefor as though such maerals mYor equipment were being burnished by the Seller under me order. 18. N'SURANCE. The Seller shall, at his own asperse, provide for the payment of woders compensation, including occupational disease benefits, to its employees employed on or in connection with the we& covered by this purchase orden and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for my one accident and property damage limit per accident of 5400,000. The Seller shall honsise require his mom em s, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of other , 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 insurance have been provided. San ecnificami shall specify me date when such compensation and insurance expires. The Sella agrees mat such eompeteation and insurance shall be maintained until aftic he mlire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby mmmes the entire resporsibiliry and liability, for....rol all damage, loss or injury of., kind or vrue wlatso , to persons or pmpery mused by m reading from me execution ofthe work provided for in this purebau order or in connection herewith. The Seller will indemniy ad hold harmless the Purchaer and any r all of the Purchasers officers. agema and employees from and aga. any and all claim,, losses, damages, charges or expenses, whether direct or Indirect and whether to persons or progeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents a employees. In case any suit o other proceedings shall be brought against the Purchaser, or its oRicem, agents or employers at any time on account or by reason of my act, action, neglect omission or default of he Seller of any of his contmmos, of any of its or their offer., agents or employees as aforesaid, me Seller hereby agrees to assume the &ft. her of and as defend me same at the Sellers own expense, to pay my and all oats, charges, anomeys fees and other expenses, my and all judgments Out may be mcuned by or obtained against the Pmchaser or any of its in their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon of Obtained against the progeny of me Purchaser, or said father in ar as a result ofsuch sea. in m1m, pmceNings. the Seller will at once cause the same as be, dissolved and discharged by giving band or otherwise. The Seller and his contactors shall take all safety precautions, famish and insult all guards necessary for the pore st r n of accidents, comply with all laws and regulations with regard m safety including, but wihom Imimrion, the Occupational Safety and Health A. of 1970 and all roles and regulations issued pursuant thereto. Revised 03R010