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HomeMy WebLinkAbout246112 LARIMER COUNTY SHERIFF'S OFFICE - PURCHASE ORDER - 9147537PO PURCHASE ORDER 914753er Page City of PURCHASE 47537 t of z ' `F6rt Collins( his number must packing a V �7 on all invoices, packing sli s and labels. Date: 12/22/2014 Vendor: 246112 LARIMER COUNTY SHERIFF'S OFFICE ATTN: SHIRLEY DEVORE 2501 MIDPOINT DR FORT COLLINS CO 80525 Ship To: MUNICIPAL COURT CITY OF FORT COLLINS 215 N MASON, 1F FORT COLLINS CO 80524 Delivery Date: 12/22/2014 Buyer: ED BONNETTE Note: Line Description 'Quantity UOM Unit Price Extended Ordered Price r Jail Holds November 2014 INV 14-1208A 12/10/14 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.00m 1 LOT LS 6,575.00 Total $6,575.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local maces. O a Exemption Number is 98-01503. Federal Excise Tax Exemption Certificate of Registry 84L00058) is registered with the Collector of latemal Revenue, Drover, Colorado (Ref. Colorado Revised Shams 1973, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of damage in tmnsiq may be rammed to you for credit and are not to be replaced except upon receipt of wrium insfaims firm the City of Fort Collins. Inspection. GOODS are subject o the City of Fort Collins impation on arrival. Final Acceptance. Racial of the memhandise, savicea or equipment in response to this order can result in authorized payment on the psi of the City Of Fort Collins. However, it is to he understood that TRIAL ACCEPTANCE isdependent upon completion of all applicable required inspection procedures. Freight Turess. Shipments meat be F.O.B., City of Fort Collins 700 Wood SL, Fort Collins, CO 80522, unless otherwise a mified on this order. If permission is giver. to papvy freight and charge separately, the migival freight bill must accompany invoice. Additional chamber for lucking will not be several. Normal Climate. Where manufacturers have distributing points in smOnS Runs of the country, shipment is expected from the nearest dimribmion point to destination, and excess freight will For deducted from Invoice when shipments am mile from greater distance. Permits. Sella shall Pmmrt at sellers sole cost nil necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles arm site, municipality, temmry or Political subdivision where the work is performed, or required by any other duly rerstimted public authority having jurisdiction over the work of vendor. Seller falter agrees to hold the City of For Collins harmless from and against all liability and less Incurred by them by remain of an asserted or established violation of any such laws, =gulatiom, ordinances, mles and go imusents. Autlmrisation. All parties W this contract agree Nat be, repreunmtiva are, in fact, bona fide and possess full and complete authority,. bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Is. and conditions scored herein set Each and any supplementary or additional tear¢ and conditions annesed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby jested. 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 must be effected within the time stated on the purchase order and the documents attached here,.. No acts of the Purchasers including without limitation, acceptance arterial late deliveries, shall operate u a waiver afthis provision, In the event rotary 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 far damages. However, the Seller shall not be liable rat damage m a =suln of delays due to muses col reasonably foreseeable which are beyond its reawmble control and witlrout its fault of negligence, such acts of God acts ofcivil or military inthod ace, goveramental priorities, fires, strikes, flood, epidemics, was m riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days arrive time when the Sella first received knowledge thereof In the event of any such delay, rise dam of delivery shall be extended for the mood equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Oust all goods, articles, mmeriaB and work covered by Was order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Embosser may suffer or incur on ac morel of the Sellers breach of warranty. The Seller shall replace, repair or make good, without wino the purchaser, my defeeas or faults arising within one (I) year or within such longer Period of lime as ray be prescribed by law or by the term of my applicable warranty provided by the Seller after the date of accept. of the goods f firishad hereunder (mceptime Out m be wveaaimibly delayed), resulting from imperial or defetive work done or materials famished by the Sella. Acceptance or use of goad by the Purchmer shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this pumhaw order, she Sellers liability hereunder shall eatmd r. all damages pmxioni mused by the breach of my of the foregoing warranties of grommets, but such liability shall m m event include loss ofprofim or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may none changes m legal terms by wnnen change order 5. CHANGES IN COMMERCIN, TERMS. The Purchaser may make my changes ro the terms, ether than legal remss, including additions to or deleiou firam the quantities originally ordered in the specifications or drawings, by verbal or witness change order. If my such change affects the amount due or the time ofper o--e hereunder, an muibable adjustment shall be made. 6. TERM] NATIONS. The Purchaser may at any time by written change order, automatic this agreement as to any or all portions of the goad then not shipped, subject to any equitable adjusmrem registers the parties as to any work or maternal, that in progress provided that the Purehaser shall Out ha liable for my claims for anticipated profits on she uncompleted passion of the good rolNar work, for incidental or wnsaluential damages, war Oat no such ljusturmt Inc, made in favor of the Seller with respect to my good which are the Sellers making stock. No such permission ion sisal relieve the Purchas r or the Seller rf ony oftheir obligations t to my good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for rdjnsrmenr most be asserted within Witty (30) days from the date the change or mrmiwtion is ordered. 8. COMPLIANCE WITH LAW. The Seller wnrtants that 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 are subject. The Seller shall execute and deliver such documme, as may be resluired to effect or evidence compliana. All laws and regulations =quid to M incorporated in agremsnn of this chamcta art hereby moryorated herein by this reference. The Seller agrees an indemnify and hold the Purchaser, hromlas form all costs and damages mRered by We Poorsasa as a remit of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of she other parry. 10. TITLE The Sella warrants full, clear and umestrinl title as the purchaser for all aryipmmL mgairsh, and items famished in performance of this agreement, firm and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchmer or On upon inner pert of the terms and consumers hereof. failure or delay to excrow nary rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance afar payment for good hereunder or approval ofthe design, shall not=)case the Seller of any of the waramies or obligations of this purchase order and shall not he dermal a waiver of my right of the purchaser a insist upon side, pabromce hereof or any of us rights or =mediw as to any such goods, regardless Of when shipped, receaved or accepted, as to any prior ar subsequent default heremrdm. nor shall any purported and modification or rescission of this purchase order by the Purchaser uremia as a waiver of any of the terms heart. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore fogood taus and as consideration for executing this purchase order, the 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 =lining to the particular good or service puchmed or acquired by Ose Porelvser pursuant to this Purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct. the Seller Or ranged nonconforming in defetive tined, by a date to be agreed upon by the Purchaser and the Sella, and the Seller thrushes indicates its notion, or unwillingness to comply, the Purchaser may ramie the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such... The Seller shall release the Purchase, end its contractors of my ner from ell liability and claims of any nature resulting from the performance rfsuch work. This release shall apply even in the event of fault of negligence of the party relented and shall extend to the directed, oRcm end employers arguer party_ The Sellers conrracrml obligations, including rvarnanty. shall von be deemed an be reduced, in any way, because such work is pafomrer or caused to be partitioned by the Purchases. 14, PATENTS. Whenever the Seller is do,ord to use any design, device, material or prm . covered by letter, patent, tademaR or copyright, the Seller shall iMemnify cold save harmless she Purchases tram any and all claims for infringement by reason of rise use of such patented designs device, material or pmcem in connection with rise contract, road shall indemnify, the Purchmer for any cost, expense or dmage which it may be obliged to pay by reason of such inGngement at any time during the prosecution or after the completion of the work. In case said equipment, err any part thereof or she intended use of the good, is in such suit held to constitute infringement and the use of said egair., or pad is enjoined, the Seller shall, m its own expense and at its option, either procure for the Purchaser the right to continue using said rpm menu or Pans, Replace the same with substantially equal but norinGiogiug equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmaman e for y of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and rise rights of all parties hereunder shall be construed under and Invented by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the semis. m(Sellae Rryrteentativas), an the premises of orders. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work in Sella's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work roNor materials before Sellers final completion and acceptance, complete the work at Sellds own expense and to the satisfaction of the Purchaser. When materials and equipment a= famished by others for installation or erection by the Seller, the Seller shall raelve, unload, stone and handle same at the ante and become de on ible therefor as Waugh such materials and/or equipment were being blemished by the Sella under the order. 18. MSURANCE. The Seller shall, an his own expense, provide for the payment of worker compensation, including occupational disease bane@s, to its employees employed on or in connection with the work covered by this purchase order, author to their depemlrnss in accordance with rise laws of the state in which the work is to he dove. The Seller shall alai cony comprehend ve gee col liability including, but not limited m, contmeaml and automobile public liability as is on go . with bodily injury and deals limits of at least 5300,000 for my one person, 5500,000 far any ime accident road property damage limit per accident of 5400.000. The Seller shall likewise require hu contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall der any work upon the premises of others, the Seller shall famish the purchaser with a cemificate not such compensation and insurance have been provided. Such certificates shall specify she date when such compensation and insurce have been provided. Such certificates shall specify the date when such compensation m anal insurance expires. The Sena agree, that such compewtion and insurance shall be maintained until soar the entire wait is complal and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss m ijttry ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided far in this purchase ruder or in cormectim Mrtwith. The Sella will indenni fy and hold hromless the Punchiest and my r all of We Purcharers makers, .gam and employees from ands against my and all claims, lasses, damages, charges or expenses, whefer direct or indirect, and whether m persons ar Property m which the Purchmer may Is, put or subject by reason of any act, action, negua, omission or defa ill an the pm of the Sella, my of his contractors, Or any of the Sellers or auntracroura Officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchmer, or its officers, agents or employees at any time an account or by reason of any act, action, neglect, omission or default of the Sella of my of his contmdors or any of its or Weir officers, agents or employees as aforesaid the Sella hereby sites m income We defense therm( and to defend the same in the Sellers own expense, m pay any and all costs, charges, magms fees and other expenses, my and all judgdwas Out may be incurred by or obtained ageimt Be Purchaser or my of its or died o?cas, agents or employers in such suits or other proceedings, and in rose judgment or other lien he placed upon or obtained against the property of the Purchmer, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond a otherwise. The Seller and his contractors shall bake all safety pramtim, Finnish and install all guard omew, for We prevention of accidents, comply will, all laws and regulations with regard to safety including, but without limitation, We Occupanoml Safety and Health Ad of 1970 and all roles and regulations issued pursuant thams. Revised 072014