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HomeMy WebLinkAbout490496 ROCKY MOUNTAIN SECURITY SERVICES INC - PURCHASE ORDER - 9147673PO PURCHASE ORDER 914767er Page CI�/ of PURCHASE 47673 ' of 2 `t Collins/ This number must appear V " on all invoices, packing sli s and labels. Date: 12/29/2014 Vendor: 490496 Ship To: DRAKE WATER RECLAMATION ROCKY MOUNTAIN SECURITY SERVICES INC CITY OF FORT COLLINS 2171 S GRAPE ST 3036 ENVIRONMENTAL DRIVE DENVER CO 80222-5203 FORT COLLINS CO 80525 Delivery Date: 12/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 LOT LS 20,400.00 Door Controll system, QT 12/19 - Quote sent to buyer via email 12/2212014 Contact on the req is Mike Dersham X-6984 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 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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is - I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regamred with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to heard Revenue, Drover, Colorado (Ref. Colorado Revised Statues 1973, Chapter 39-36,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment far goods bummula or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in monsit may be returned to you for credit and art not to be replaced except upon receipt of Worm purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, egardless instructions from the City of Fan Collins. of when shipped, received or accepted, a to any prior or subsequent default hmmader, am shall any Imported ore[ modification or wscision of this purchase order by the Purchaser operate as a waiver of any of the emu Inspection. GOODS are subject to the City of Fan Collins impaction an arrival. humor. Final Acceptance. Receipt of the merchandise, service or equipment in response to Nis order an result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authotired payment on the pan of the City of Fact Collins. However, it is w be understood that FINAL Sella and the Purchaser recognise thou in semal mommic practice, overcharges resulting man antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations am in fact home by the Purchazer.Thereofore, for good cause sand as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FOB., City of For Collins, 700 Wood St., Far Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. U permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accomoanv invoice. Additional charges for snaking will not be arrested. Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is expected from the rcartzt distribution point f dcstiration, and excess freight will be dNuaed from Invoice whom shipmems are made fro greater distance. Permits. Seller shall procure at sellers sole cost all necevary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the score, municipality, territory or political subdivision where the work is performed, or terminal by any other duly combatted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the Ciry of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this commet agree that the re,marmatives are, in fact, bona fide and possess full and camplem auromor m bind said parties. LIMITATION OF TERMS. This Purcbas, Oaa expressly limit, acceptace to the more and conditims stated herein tat forth and any supplementary or addidosal terms sud condition annexed harm or incorporated herein by reference. Any additional or duration terms and coalitions proposed by seller are objected to and hereby jeered. ].DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmised delivery date m noted. Time is of the essence. Delivery and performance must he enacted within the it., stood on the purchase order and the documents attached fact, NO acts of be Purchasers including, without limitation, acceptance of partial late deliveries, shall Operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable «malies, the option of placing this order elsewhere and holding the Seller liable for damages. However, do, Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act, afGod, act, i fcivil or military authorities, gmcmmenml priorities, fires, strikes. Band, epidemics, wars or riots provided that under of the conditions wusiag such delay is given to the Tambour within five (5) days ofthe time when the Seller tier received krwwiedge thereof. In Oae event of any such delay, the date of delivery shall be exrended far fie period equal to the time normally lost by reason fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in emanative with accepted smndaas for work of is similar comes The Seller agrees to hold fe pmchuer harmless from any lass, damage or expense which the Purchaser may salter or incur on account of the Sellers breach of wvrrent,. The Sella shall replace, repai, m make good, without war to the pa¢haur, any defect, or faults Orion, within one (1) year a within such longs period of time as may be pracnbcd by law or by the terror of any applicable worrsary provided by the Sella after the date of scceptmce of the good famished hereunder (arempmnw scot in be, unreasonably delayed), resulting fmm imperfect or defeat, work done art rnanmais banished by the Sella. Acceptance or not of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as oferwiu provided in this purchase order, the Seller liability hereunda shall extend m all damages prasinnamly coaxal by the breach of any of the forgoing waramia or gumam., but such liability shall in an event include loss ofprofts or lass of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purefacer may make changes to legal terns by written change ardor 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, Other than legal tees, including additions to or deletions Ira fie 9—,id. annually ordered in an, s,mifemiors or drawings, by verbal err writm change order. If any such change affects the amount due or the tiara offneesrnance hereunder, an equitable adjustment shall be inside. 6. TERMINATIONS. The Pomona may at any time by written change coda, Immune une this agreement as to any or all portions Of the gaud then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the wcompletal portion of the goods aaator work, for incidental or consequential damages, and that no such adjustment b , made in favor of fe Seller with respect to any goods which are the Sellers structural stock. No such ermination shall relieve the Purchaser or the Seller of., of Their obligations as to any good delivered bereuvda. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assented within thins (30) days f the date the change or leamniwtion is amksed I. 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 to which the good are subject. The Seller shall exewte and deliver such documerrm as may be required to e1Tea or evidence compliance. All laws and regulations requital to be ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless farm all costs and damages surfaced by the Purchases as a result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither pmy shall assign, transfer, or convey this oaks, or any moods due or m became due hmunda Without the prior wvimen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchase, for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, resoicfiorss, reservations, security interest mcumbrancn and claims of others. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nonconforming or damerive goods by a date to be agreed upon by the Purchase and the Sella, and the Sella thereafter indicate its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs notational with such work. The Seller shall relmm the Purchaser and its contractors of any tier from all liability and claims of any rmlam resulting from the performance ofsuch work. This release shall apply even in the event Of fault of negligence of he party released and shall extend to the directors, officers and employees of such party. The Seller's coarea.[ obligations, including womanty, shall not be dermal to be reduced, in any way, because such work is performed or caused to be performed by the Purchaa. 14. PATENTS. Whenever roe Salley u "oral muse any design, device, material or process covered by later, patent, trademark or copyright, she Seller shall indemnify and save Formless the Foremast from any and all claims for infringement by reason of the use of such patented design, device, material or process in roanact.. with she contract, and shalt indemnify the Purchaer for any vast, expense or damage which it may be, obliged to pay by mumn of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, she Seller shall, at its own expense mad at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but noninfnaging empirical, or modify it so it becomes nonffnnging 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assigmam for the benefit of cradium, appoint e receiver or nslce bfor any of the Sellers property or bovines, this order may forthwith be canceled by the Putcha sswithout liability. 16, GOVERNING LAW. The definitions of tents used art the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in area where the Seller u 10 perform work hematites, including Oe sersico ofSellm Represenative(s), on the premises ofodurs. IZ SELLERS RESPONSIBILITY. The Sella shall exam, on said work at Seller's awn risk until the same is fully wmplemed and acppted, and shall, in case of any accident, destruction or injury to the work atdror materials bet Sellers final completion and acceptant, complete the work at Seller's owe e.,. and to the satisfaction of Ore Purchaser. When matmals and equipment art frmisbW by others for installation in erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/ar equipment were being famished by the Seller under the order. . 18. INSURANCE. The Sella shall, at his own expense, provide far the payment of workm compawtioq including occupational disease benefits, 0 its employees employed on or in connection with the work centred by this purchase order, andor no their dependents in accordance with the laws of the state in which she work u to be done. The Seller shall also carry comprehensive geoctul liability including, but not lindtal to, conttawW and automobile public liability insurance wif bodily injury and deaf limits ofat least S300,aoo for any sue person, 5500,030 fro any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, irony. to provide for such compensation and insurance. Before any affie Sellers or his coronations employees shall do any work upon the premises of other, fie Seller shall famish the Purchaser with a certificate that such compensation and imamate hove been provided. Such rai leates shall specify fie date when such ompensition and insurance have been provided. Such ttnificams shall specify the date when such compensation and imurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and acapmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass es tM entire responsibility and liability fro any and all damage, lass or injury of any kind or nature whaunever an persons or property caused by or resulting from the exertion of the work pmvided for in this releasea oer oa io commotion herewith. The Seller will indemnify and hold harmless fie Purchuer and my or all of me Purchasers oRcm, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct in indirect, and whether to Favors or property, to which the Purchaser may be put or subject by reason of any set, action, neglect, omission or default on the Pan of fie Seller, any of his ontmetors, or any of the Sellers or outmetors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its office, agents or employees at any time on account or by reumn of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees at aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same of fie Seller own expense, to Pay any and all costs, charges, atuaraM f and other expenses, any and all judgments that may be immoral by art obtained against Ne Purchaser or any of is or their effete, agents or employees in such mica in other proceedings, and f case judgment M other has be placed upon or obtained itinal the property of the Purchaser, or said Parties in or ss is result of such suits a other proceedings, the Sella will at most cause the same to be diasohed mod discharged by giving bond or otherwise. The Sella and his contractors shall cake all safety precautions, famish and install all goads necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, are Occupational Safety end Health Act of 1970 and all roles and regulations issued pursuant themo. Revised 09R014