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HomeMy WebLinkAbout324575 SAFEWARE INC - PURCHASE ORDER - 9147005PURCHASE ORDER PO Number Page City of9147005 1of2 ' `t Collins( hisnumber must appear ` v ` �7 on all invoices, packing sli s and labels. Date: 11/28/2014 Vendor: 324575 SAFEWARE INC 8141 W 1-70 FRONTAGE RD UNIT 1 ARVADA CO 80002 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 11/28/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i CBRN suits per Quote 1386689 dated 11/24/14 (5) Multi Threat suits - BLA HZ9420FVG LG unit price - $1,900.00 Delivery included Total = $9,500.00 Contact: Sgt. Dan Murphy ph# 970-567-4014 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:pumhasing@fcgov.wm 1 LOT LS 9,500.00 Pay terms net 30 days 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 exempliom. By statute the City of Fan Collins is exempt firm sate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600c587 is registered with the Collactor of Internal Revenue, Dmveq Col.& (Rat Colaado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods R jeered. GOODS REJECTED due to f lure to meer specifications, either when shipped Or due to defects of damage in tourist, may be, marred to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fall Collins impaction on arrival. Final Acceptance Receipt of the merchandise, services or muipmmr in nspmcse, to this order can resell in natiorind payment on the Pm of the City of Fall Collins. However, it is to be understood Out FINAL ACCEPTANCE is dependent upon completion oral] applicable respond! inspection procedures. Freight Terms. Shipments must be F.O.B., City of Film Collins, 200 Wood St, Fon Collins, CO 80522, colas otherwise spot ifi W on this order. If permission is given to prepay freight and charge separately, the original freight bill most azromnanv invoice. Additional chorea for mekine will sot be acmmed. Shipment Distance. Where manufacturers have distributing Points in suriont pans of the country, shipment is expected from the wrest distribution point to destination, add excess freight will b, deducted from Invoice whom shipments arc made from greater distance. Permits. Seller still procure at sellers sole cast all necessary permits, cenificats and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political mbdivision where the work is performed, or required by any other duly constituted public authority having judalrelon over the work of venal Seller further agues t. hold the City of Fon Collins harmless from and against all holiday and lass incurred by them by reason of an asserted or established violation of my such laws, regulations, mdinama, miss and raluiremeau. Authorization. All panics to this commit agree that the representatives are, in fact, bens fide and possess full and complete authority m bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits earcptunce 1. the emu and c.udiumis stated herein set foM and any supplementary or additional temp and conditions ammexed hereto or incorporated herein by reference. Any additional or ddlu mt urea and coMilions proposed by seller an objected m and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be cf curd within the little sated on the purchase order and the documents strfched harem. No acts of the Pmrchaers including, without limitation, acceptance ofpanial Ire deliveries, shall ande as a waiver of this provision. In the event of any delay, the purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding $e Seller liable far damage. However, the Seler shall not he liable fro damages as a result of delays due to causes not reasonably foreseable which are beyond its reasonable control and without its fault ofdegligence, such acts of God, acts ofcivil or military authorities, governmental prntia files, strikes, Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the Line 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 time wholly lost by reason of the delay. 3. WARRANTY. The Seller warmnu that all goal, articles, armariels and work rovereJ by this order will conform with applicable drawings, spouifcations, samples ardor other drsrriptions given, will be fit for the proposes, intended, and penbmi ed with the highest degree of care and competence in accordance with wcepOed standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on amount of the Sellers branch of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (U year or within such longer Period of time as may be p first ribW by law or by the teen of any applicable wamnty pman&sl by the Seller after the data of sccaptantt of the goods furnished henuvder (mceptarm Out On be unrcasmably delayed), sending fican imperf t or defective work done in materials fumahed by she Seller. Acceptance in use of goods by the Purchaser shall cot institute a waiver ofany 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 fongaing warmadirs or guarantees, but such liability shall in no event include loss ofpmfim or loss of use. 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 wren change order 5. CHANGES IN COMMERCIAL TERMS. The Purchnse may make any changes to the farms, "he, than legal terms, including wididms to or deletions from the quamioes, migirally enacted in the specifications or drawings, by venial or written change order. If any such change afree. the amount due or the time ofpergormance hereuMer, an equitable adjustment shall be made. 6.TERMINATIONS. The Purchaser may at any time by whom change older, terminate this agreement as to any or all random of the goods then not shipped, subject a any equitable adjustment between the parties m to any work or materials then in program provided that the Purchaser shall nut ha liable for any claims for anticipated profits on the uncompleted portion of the goods andor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with raped to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods an subject The Seller shall exempe aud deliver such dmuments as may be required to effect or evidence compliance. All laws and regulamen mryirN m be incorporated in agreements of this character are hereby incorporated herein by shin reference. The Sella egress to indemnify and hold the Purchaser harmless from all casts and damages suffered by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Number parry shall assign, careful or convey this order, or my and. due or to become due hr uccul without the prior union consent of the other pmry. 10. TITLE. The Seller warrants full, Clem and unrestricted fitle to the purchases for all apartment. materials, and items famished in performance of this agreement, free and clear of any and all liens, ranictiom, reservations, security interest mcumbmmmeas and dims a f others. 11. NONWAIVER. Failure of the Purchaser 1. insist upon strict ,argument, of the rem¢ and conditions humid, failure or delay to examaim any rights Or nmedmi Provided herein or by law, failure to promptly notify the Seller in do event of a breach, de, acceptance.for payment for goads hereunder or approval of do design, shall halt release the Seller of any of the wa derlis or adigatiam of Ours purchae order and shall sat be doubled a waiver of any right of the purchaser to inset upon strict performance hereof or any of its rights or moral us m to any such goods, regardless of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any supported oral modification or rescission of this purchase order by the Purchaser operate as e waiver of any of the tams hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchadmir recognize that in aztwl economic practice, Overcharges rauhing fmm antitrust violations are in fact hands, by the Purchaser. Theretofore, for good cause and so consideration fro cxrmfing this Purchase order, the Seller limb, assigns w the Purchaser any and all claims it may now have or hereafter acquired under federal or state maim" laws far such overcharges relating to the particular goods or services purchased or acquired by rue Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller a cofRCl noacoaforming in defective goods by a date b h agreed upon by the Purchaser and the Seller, and the Seller hereafter di icates its irmbiliry or unwillingness a comply, the Ruchaser may cause the work m he performed by the most expeditious means available to it, and the Seller shall Pay all cash asmamod with such work. The Seller shall release the Purchaser and its contractor of any her from all liability and claims of any nature resulting fiom the performance afsuch work. This release shall apply even in the event of fault of negligence of the party relmud mad shall extend on the directors, officers and employees afsuch parry. The Sellers contractual obligminns, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is taryired m use any design, device, material m,mress covend by ],Or,, patuat trademark r copyright, the Seller shall indemnify and save hamtlas the Pmcbaser from any and all claims for inGngemmt by reason of the use of such rammed design, device, material or process in comoction with the contract, and shall indemnify the Purchaser for any cost, expecom 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 ngnipmcnt, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said ryuipmnat or pan is enjoined, the Seller shall, at its own expense and in its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but conditioning equipmml, or modify it so it become aoninfringing. IS. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pmrchaer without liability. 16. GOVERNING LAW. The defsrdtiom of temp used or the harOpmation ofthe amount and the rights of ell parries hereunder shall be, cmnuved under, and governed by the laws ofthe State ofC.Iwado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of5ellers Rapresenlmive s), on the premises ofoduare Il. SELLERS RESPONSIBILITY. The Seam shall carry on said work at Sellers own risk until floe same u fully compleed and accepted, and shall, au of any accident, destruction or injury m the walk mil m nderials bed Sellers final completion and acceptance, complete the we& at Sellers awn expense and fo due satisfaction of the Pumhasm. When materials and equipment art furnished by others for instillation or erection by The Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials ardor equipment were being furnished by the Seller under the order. 18. INSURANCE The Seller shall, in his own expense, provide for %e payment of wndrers compensation, including «cupanodal disease bacteria, to its employees employed on or in connection with the work covered by this pummar cods, 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 Our cal liability including, bur not liminut as, contractual and automobile public liability insurance with bodily injury and death limits of at Jeri, $300,000 for any one person, $500,000 for any one accident and progeny damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prtmius of others, the Seller shall furnish the Purchaser with a cenifmcate that such compensation and insurance have been provided. Such cectifcata shall specify b, date when such compensation and insurance have been provided. Such cenificata shall specify the date when such compensation and insurance expires. The Seller aorta that such compensation and insurance shall be maintained until after the entire work is completed and Occupied. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Sellahaeby wu the satin responsibility, and liability for any and all damage, loss or injury ofany kind or vtun whatsoever on persons or proOerry caused by or making fimn the exertion ofthe work provided for in this Pumbau other or in castration herewith. The Sella will indemnify mad hold harmleas the Pumbaer and any r all of the Purchasers afters, 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 per or subject by reason of any act, action, neglect, omission ar default on the pan of the Seller, any of his contmcors, or any of the Sellers or contractors ofcars, agents or employees. In case my suit or other proceedings shall be, brought Water do Purchaser, or its officers, agents or employe m my time on account or by reason of my mk action, neglect, omission or default of the Sella of my of his contractors or my of its or their ofcers, egrets or employees as aforesaid. the Sella hereby agrees to assume the defense thereof dust to defend the same at the Sellers own experese, m pay, any and all costs, charges, momeys fees and be, expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their ofews, agents or employees in such suits or other ponceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties or or as a result of such suits or Other proceedings, the Seller will at once muse the same in be dissolved and discbargM by giving band or otherwise. The Seller aud his contrmchors shall mkc all sultry precammw, famish mW install roll guards verimary for the prevention of accidents, comply with OR Uws and regulations with regard in safety including• but without limitation the Occupafimal Salary and Henth Act of 1970 and all rules and regulations issued D..t therere. Revised 07/2014