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HomeMy WebLinkAbout488072 ABC SECURITY LLC - PURCHASE ORDER - 9150213Fort Collins Date: 0111312015 Vendor: 488072 ABC SECURITY LLC 512 LOCUST GROVE DR FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9150213 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 30,000.00 Misc. Labor/Materials cover the cost of miscellaneous labor/materials for fiscal year 2015. All deliveries shall be made upon request of City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of coeds and/or services. 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 $30,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm site and last now. Our Exemption Number u 98-61502. Federal Excise Tax Exemption Cenifcate of Registry 10-6000587 ex registered with We C.Humor of Imctml Revenue, Dme , Colorado (Ref. Colorado Revised Smturm 1973, Chapter 39-26,114 (a). Goods Rejoined. GOODS REJECTED due to failure to mew specifiataom, either whin shipped or due to defects of damage in monsil, may be armed to you for credit and tic not 1. be .,].it except upon receipt of written instructions fmm the City of Fort Collins Inspection. GOODS ate subject,. the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sac r equipment in response to this order canmull in authomeed payment al the part of the City of Foe Collins. However, it is m be understood that FINAL ACCEPTANCE is dependmr upon completion of all applicable muiml inspection provahnes. Freight Terms. Shipments most be F.O B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in wriote, pals of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted than Invoice when shipments ere made man groin distance. Permits . Seller shall procure at sellers sole cast all necessary permits, ceriifates and lommm natural by all applicable laws, regulations, ordinaries and rates ofthe state, municipality, temme, or political subdivision where the work is porfim ood, or ra,mrd by any Who, duly are iwed public authority lavingjumsdiction over the work of vendor. Seller further agree to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an assened or established violation of any such laws, regulations, ordinances, mles and requirements. Authonzaion. All parties to this contract spa that the represmadwe5 are, in fact, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Older expressly limits acceptance to the terms and conditions sited herein sot With and my supplementary or additional temu and conditions annexed below or manTr rated herein by reference. Any additional or different erms and conditions proposed by seller are objected Wand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is ofthe essence. Delivery and peaforaenre West be effected within the simc stated on the purchase older and the documents arched hereto. No acts of Ne Prondicancessi includin, without limitation, acceptance of pmial late deliveries, shall operate es a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal will equitable remedies, the option of placing this older elsewhere and holding the Sella liable f damaga. However, the Seller 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 megligmce, such acts of God, acts ofeivil or military authonties, govemmenml Primaries, f s, strikes, flood, epidemics, wars or hots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fins received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, mucla, materials and work covered by this order will conform with applicable drawings, spmilicatiom, sample, mdtor other descriptions given, will be fit for the Impose, intended, and peK raced with the highest dopes, of can and com,amee in accordance with accepted standards for work of a similar two The Seller agrees to hold the purchaser bamlum from any loss, damage err expense which the Purchaser may mother or incur on account ofthe Sellers breach of waremm. The Sella shall m laze, repair or make good, without cost to the purchaser, any defers or faults rinsing within ores (1) year or within such longer period of time as may be, pmcfiW by law or by the same ofmy spplicabli,.1y presided by the Sella spot the date of acceptance of the goods Perished hereunder (a an mcc not to be wvmmmbly delayed), awaiting fmm imperfect or defective work done or materials fimished by the Sella. Acceptance or use of good by the Purchsser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Set]. liability hereunder shall extend to WI darouges pmximatehy caused by Ne breach of any of the f se,...g warranties W gnvmntces, but such liability shall in an event include loss of profits m loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer any make changes to legal to. by trine change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by veNal or wrnen change order. If any such change of is the amount due or the time of,suffinficance hereunder, an equitable adjustment shall be made. &TERMINATI0NS. The purchaser may a any time by wriman earn, order, terminal this a reemmt as 10 any or till poriom of the goods then rut shipped, subject to my equitable adjmtmmt between the parties u to my work or materials then in progress provided that the Franchiser dull Wit be liable fw any claims for andia rued profits on the uncompleted portion ofthe goods andtor work, for incidental W comscquemial damages, and that no such adjustment be made in favor of the Seller with respect to Bey goods which are the Sellers standard stock. No such efori ation shall relieve the Purchaser or the Seller efany of their obligations as to any goods delivered bereander. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or termination is .Mired. 8. COMPLIANCE WITH LAW. The Sella ..is that all goods sold hereunder shall have been pmahmed, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such doswnents as may be rumored to effect or evidence compliance. All laws and regulations required to be inimpla red in agreements of this character are hereby incorporated hereN by this reference. The Seller agrow to indemnify, ad hold den Purchaser harmless fmm all casts and damages suffered by the Pardoner as a mull of the Sellers failure to complywith such law. 9. ASSIGNMEW. Neither party shall assign, tmmfer, m convey this major, or my monies due or to biome due heremder without the prior wrinen coment ofthe other parry. 10. TITLE. The Seller warrants full, clear and umestdcted title to the Purolator for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purch seer to insist upon wrict Pa.. of she tenor evd coWill.. hereof, failure or delay I- imeram any rights W mnedies provided hereinW by law, failure to pomptly notify the Sella in the event of a bench, the acceptance of in payment for goods hereunder a approval of the design, shall m, release the Seller of my of the waermties or obligations of this purchase older and shall fen be dermal a waiver of any right of the purchaser to insist upon strict performance herd for any ofie, rights or remedies as to any such goods, sown lem of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this pumbalm older by file Pumb asser operate m a waiver of my of the [emu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchmer recogniu that in actual economic practice, overcharges resulting fmm antitrust violations are in fact bore by the Purchsser. Theretofore, forgoodcane and m comidem[ion for executing Nis purchase order, the Seller hereby assigns to the P mhaer any and 01 claims it may now have or Meager acquired under Formal or sure mtitraet laws for such overcharges relating to the particular goads or service purchased or acquired by the Purchaser pursumr to this purchase order. 13. PURCHASERS PERF0RMANCE OF SELLERS OBLIGATIONS. How purehmm directs the Seller to cement no smofarming or defective goods by a date to be agreed upon by the Purchaser will the Seller, and the Sella thereafter indiam its inability ar unwillingness Ins comply, the Purchaser may wese the work to be performed by the moor expeditious means available to it, and the Seller shall pay all mots associated wild such wok. The Seller shall release the Purchaser and its contactors of my tier farm all liability and claims of any nature resulting from the performance ofwvh 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 ofsuch party. The Sodas contmetual obligations, including wara,ty, shall not be domed to be reduced, in any way, because such work is unformed or mused ue he performed by Ne Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, tredermrk or copyright, the Seller shall indemnify and save harmlesss the Puritanism fmm my and all claims for infringement by frown of the use of such parented design, device, material or prwes in connection with the contact, and shall indemnify the Femora for any cmL expense m damage which it maybe obliged to pay by reacts ofmch infringement at any time during the prosecution in after the completion of the work. In sae mid equipment, or my pan thereof or the imemdal use of the goods, is in such suit held to constitute infringement mart the use of avid alulpmew or pan is enjoined, the Sella shall, at its own expend and at its option, either proae for the Purchaser the right to continue using said equipment or pan; replace the more with substantially ww] but mniaGnging complaint, err modify it so it become nmirJnnging. 15, MS0LVENCY. If the Seller shall became insolvent or harknipt, make an assignment for the benefit of creditors, appoint a raviva or bodes, for any of the Sellers property or bwirms. In,, order may forthwith be canceled by the Paro mer without liability. 16. GOVERNING LAW. The definitions of emu used or the interpretation ofthe agreement and the rights of all parties hamanda shall be construed under and governed by the laws ofthe State mfColmwa, USA. The following Additional Conditions apply only in cases where the Sella is to perform work normal including the .,.or Sellers; Representmive(s), on the premise of others. 17. SELLERS RESPONSIBILITY. The Seller shall wary oa said work at Sellef, own risk octal the some is fully mmpleed and occupied. and shall, use of my accident, contrarian or injury to the work aallor mataim , bet Sellers final camPImse, and acceptance, complete the work at Shce(s own expense and to the satisfaction of the Purchaser. When materials and equipment are punished by others for installation or erection by thc Sella, the Sella shall Wed" unload store and handle same at the site and become responsible therefor as though such nationals and/or equipment were being furnished by the Seller under the older. 18. MSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coveted by this purchase order, and w to their dependents in accordance with the laws of the site in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, comments] and automobile public liability insurance with bodily injury and death limits of ter Was, UW rion for any one pawn, $500.000 for any accident and property damage limit per accident of 5400,000. The Seller shall likewise capture his mntiacton, if any. to pmvide for such compensation and insurance. Before any of tbe Sellers in his contractors employees shall its my work upon the premium of others, the Seller shall furnish the Purchaser with a caufiette that such mmpereation and immame have been provided. Such mrtifiwta shot] specify the date when such mmpersmim aM imutame have been provided. Such artificvn shall specify the date what such mmpeuation ana memories expires. The Seller agrees that such compensation and insurance shall be mainminal until after rise entire work is completed anal accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for my and all damage, loss or injury of any kind or setae whatsoever to persons or property caused by or resulting from the amentiou of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchsser and any in all of the PuWhasms oRcers, agents and employees from and aminor any nerd all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to emom or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the parr of the Seller, any of his com uctm, or my of the Sellers or contractors ofTcers, agents or employees. In case any suit a other pmccwings shall be bmught against the Purchaser, or its officer, agents or employees at my time on account or by eon or any .1. action, neglect, omission or default of the Sella of my of his mmreclors err any of its or thew officers, agents we employees as aforesaid, the Seller hereby agrees to assume the defense thereof and W defend the same a the Sellers own expense, in pay my and all Is charges, attorneys fees and older calicoe, my sod all judgments that may be incurred by or national against the Purchaser or my of its m the"v officers, agents or employees in such suits or other proceedings, and in ease judgment or other lira be placed upon or obtained against the property ofthe Porthmer, or said partite in or m a mull of such suits or other Pwamings, the Seller will at once ruse the same to he dissoNal and discharged by giving bond m otherwise. The Seller and his contmetors shall eke all safety precautions, Immsh and'utstall all guards necessary for the pmention of accidents, comply with all laws and tegulatiom with regald to safety including, but without limdla[ion, the Occupational Safety and Health Act of 1970 and all mla and regulations issued pursuit thereto. Revised O70014