Loading...
HomeMy WebLinkAbout102499 TYCO INTEGRATED SECURITY LLC - PURCHASE ORDER - 9143530Fort Collins Date: 06/23/2014 PURCHASE ORDER Vendor: 102499 TYCO INTEGRATED SECURITY LLC 14200 E EXPOSITION AVE AURORA CO 80012 PO Number Page 9143530 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 06/20/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Security Services 1 LOT LS 6,150.00 Job Number 135325302 2 Security Services job Number 1352325303 upgrade to alarm system 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,mm 1 LOT LS Total Invoice Address: 5,308.50 1 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 Few Collins is exempt from state and local taxes. Our Exemption Numbm is 98 04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Internal Revenue Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 WL 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 ate not to be replaced except on receipt of written instructions tram the City effort Collins. Inspection -GOODS ere subject to the City of Pott Callina inspection on snivel. Final Acceptance Receipt of the .,,,b.dise, services a r equipment in response to this order can result in authorized payment ona the of the City of Pon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent Wupoon completion of all applicable required inspection procedures. Freight Terms. Shipments must be FOB , City of Fort Collins, 700 Wood St., Pm Collins, CO 90522, unless otherwise specified of this order ICpermisoon is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be acceptd. Shipment Distance. Where mannfnclurem have distributing points in various parts of the country, shipment us expected from the nearest distribution Point to destitution, and excess freigln will be deducted from Invoice when shipments we made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificate, sad heemes required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, terrim,e or political subdivision where We work is performed, or required by airy order duly constituted public indicators having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins hamless from and against all liability and lass ed by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates incurred ndrtrequirements. Authonzatian. All parties to this contract agree that the representatives are, in fact, When fide and possess full and complete authority ro bind said pries. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any sapplementary or additional terms and conditions annexed hereto or ineorPo.ted 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 ifym cannot make complete shipment to arrive on your promised delivery date as noted Time is of the esscri 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 I ... Union, acceptance of t med late deliveries, shall operate as a waiver ofthi, provision In the ever of any delay, the Purchaser shall have, in addition 10 other legal and equitable remedies, the option titillating this order elsewhere and holding be Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reassembly foreseeable which are beyond its reasonable control and without its fault of negligence such aces of God, sots of civil or military authorities, g wermnenal priorities, fires strikes, Bond, epidemics, was or hots poisoned that notice of the conditions causing such delay is given to the Purchaser isithim 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 extended for the period equal to the lime actually lost by reason of the delay. 3. WARRANTY. The Seller warren[, that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for wort of a -similar nmum. The Seller agrees to hold the purchaser harmless from any loos, 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 purchase, any defcls or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the ,emu ofany applicable watranry provided by the Seller after the date of acceptance of the goods famished hereundm (acceptance not to be unreasonably deleyd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall out constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terra by semen change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes b the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal o change order. If any such wus change effects the amount due or the time ofperfnaequitable onnee hereunder, an adjustment shall be sonde. 6. TERMRJATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable djustment between the ponies as to any work or materials then in progress provided Nat the Purchaser shall not be liable for my claims for anticipated Firms on the uncompleted portion of the 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 Inch termination shall relieve the Purchaser or the Seller of any oftheir obligalime, as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunde, shall have been produced, sold, delivered and famished in strut compliance with all applicable laws and regulations to which the goods are 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 are hereby incoryo.ted herein by this reference. The Seller agrees to indemnify and hold the Purchase, harmless from all costs and damages salTerd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, towfer, or convey this order, or any navies due or to become due hereunder withaurthe prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and umutricNd 1,11, io the Purchaser far all equipment, materials, and items firmished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims f.their. 11. NONWAIVER. Failure of the purchaser to insist upon sine, performance of the terns and conditions hereof, failure or delay 10 exercise any rights or remedies provided herein or by law, failure to promptly mildly the Seller in the event of a anybreach, the meeanties of or payment for goodshereunder ordenrapproval of the design, shall nutreleasethe Sellerof he 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 m any such goods, regardless of when shipped, received or accepted, as h any prior or he Purcent default hereunder, nor shall any petered Orel modification or rescission of this purchase order by the Purchaer operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Wham in actual ec is poetics, overcharges resulting from antirm.l violations are in fact home by the Pardoner. Theretofore nforr good cause and as consideration for executing this purchase order, Ne Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the pmiculur goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF S ELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dote to be agreed upon by the purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be pedmmd by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seiler shall releue the Purchaser and its contractors of any tier from all liability and claims of any nature moulting from the performance of such work. This release 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 pray. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Producer. 14, PATENTS. W%cmvm 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 lnfiinmanow by reason of the use of such parented design, device, material or proms, in connection with the commet, and shall indemnify the Purchaser for my 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 thereof or the intended use of the goods, is in such suit held N constitute Infringement and the use of said gmpment or part is enjoined, the Seller shall, ar its awn expense and at its option, either produce for the Purchaser the right to continue using said equipment or pans, replace the same with submantially equal but noninlrioging equipment, or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a moinver or baste, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of mans used or the interpretation of the agreement and the rights of all parties hereunder shall be cortmosed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herewder, including the services of Sellers Repremnmhvepo, oa the premises of.du rs, 17. SELLERS RESPONSIBILITY. The Seller Will cony oa said work at Seller's awn risk until the same is fully completd aad accepted, and shall, in case of any accident, destruction or injury to the work andor materials before Sellers Final completion and a eVatance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same m the site and become respoasible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andror in their dependents in accordance with the laws of the some in which the work is to be done The Seller shall also carry wmprehewive gene.] liability including, but not limited to, contractual and automobile public liability incur ace with bodily injurypauses, and death liras of at least S3oo 000 for any one S511g000 for any one accident and unn and property damage limit per accident of S400,000. The Seller shall likewise require his contractor, 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 others, the Seiler shall furnish the Purchaser with a cmificate Nat such c mpens pion and insurance have been provided- Such cvr ificmes shall specify the data when such compensation and insurance have been provided. Such Cutthroats shill specify the date who. such compensation and insurance expires. The Seller agrees that such compensation and Insurance shall be maintained until after the entire work is complete sad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any 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 hmmlew the Purchaser and any r all of the Purchasers officer agents and employees from 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 eom.cmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmcedings shall be bmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, when, 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 io assume the defewe thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and sit judgments Nat 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 Producer, or said polies in or as a result of such suits or other proceedings, Re Seller will at once cause the same to be dissolved and dischargd by giving bond w otherwise. The Seller and his concretions shall take all safety precautions, Jewish and install all guards necessary for the prevention of accidents, comply with all laws and regulmions with regard to safety including, but without limilation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuam thereto. Revised 03I2010