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HomeMy WebLinkAbout490496 ROCKY MOUNTAIN SECURITY SERVICES INC - PURCHASE ORDER - 3215318Fort Collins Date: 01/13/2015 PURCHASE ORDER PO Number Page 3215318 1o12 This number must appear on all invoices, packing slips and labels. Vendor: 490496 Ship To: TRAFFIC OPERATIONS ROCKY MOUNTAIN SECURITY SERVICES INC CITY OF FORT COLLINS 2171 S GRAPE ST 626 LINDEN STREET DENVER CO 80222-5203 FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Security system software suppl Annual 1 LOT LS THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES, City of Foil 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 10,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hermf, radian or delay to Internal Revenue, Denver, Colorado (Rd. Colorado Revised Sormor 1973. Chapter 39-26, 1I4 fad. exercise any nghts or remedies pemmed herein or by law, failure to promptly notify the Seller in fe event of a breach, the acceptance ofor payment for goods hereunder or approval ofine design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due an 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 is transit, may be .amid so you for credit and are not to he, replaced except upon receipt of concern purchaser m insist upon strict performance heraof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fair Collins. of when shipped received or accepted, as to my poor or subsequent dafault hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection an co ival. here[ Final Acceptance. Receipt of the immiscible. mices or equipment in response to this aide, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mtFnnced payment oa the pan of the City of Fort Collins. However, it is to be mde.00d that FINAL Seller and the Purchaser weagniae pat in actral economic practice, overcharges resulting from .6. ACCEFFANCE is dependent upon completion of all applicable required inspection procedure violations art in fact home by dre Purchaser. Theretofore. for good cause and as consideration for executing ads purchase order. the Seller hereby assigns to the Purchaser my and ill clams it may now have or hereafter Freight Terms. Shipments must be F.OD., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, tmless acquired under federal or sate andtrmt laws for such overcharges relying to the particular goods or services c ferwlm specified on pis order. If perntission is given ro prepay freight cod charge separately, the original freight purchased or acquired by the Purchaser pursuant to this lowering order. bill most accompany invoice. Adduonil charges for packing will par he accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATION'S. Shipment Dinmw. Where manufcamas have distributing points in various parts of me country, shipment is If the Purchaser di.¢ she Seiler to correct nonconforming or detector, goods by a doe re be agreal upon by the expected from the nearest distribution point to destination, and excess freight will be AeductM from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its liability or unwillingness an comply, the Purchaser shipments are made from greater dstanw. may mttse the work to be performed by the most expeditious means available to it cod the Seller shall pay all cos¢ associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pemti¢, cenifewor and licenses required by all applicable laws, regulations, ordinmcc and rules ofde scale, municipality, amatory or political subdivision where the work is Performed w required by my other duly commucted public immunity having jurisdiction over the work of vendor. Seller former ago. to hold the City of Fort Collins hatMess from cod against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirements Aufonrution. All parties to this contract agree that the representatives are, in fact, bona fide and possess fall and complete wmonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Site terms and conditions stated herein son forch and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance mast be effected within the time stared on the purchase order and the documents reached mrmo. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to ofer legal and equitable remedies, the option afflict, this order elsewhere and holding the Seller liable for damages. However, the Seller mall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable corral and conduct its fault of negligence. such acts of Cud, acts of civil or military authorities, governmental priories, fires, sd kes. Flood epidemics, wars or riots provided that notice of Site conditions causing such delay is given to the Purchaser within five (5) days of the time when de Seller first received knowledge thereof In the event of my such delay, me date of delivery shall be extended for the penod equal to the time equally Ion by reason of the delay. 3. WARRANTY. The Seller warrants hat all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for me purposes intended and performed with de highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wortanry. The Seller shall replace, repair or make good without cost to de purchaser, my defects or faults wising within one (I) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty pounded by the Seller after me daze of acceptance of the goads famished herewder (arceptanes not to be wrtasortably delayed), meal6ng from impeder or defective work done or materials fumiahed by the Seller. Acceptance or use of goods by the Purchase shall am costiwte a waiver of my claim under this wereanry. Except as otherwise provided in this purchase order, the Sellers liability herewder shill extend to all damages proximaely caused by the breach of any of de foregoing ....es or guammcck bon such liability shill in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purch ow may make any chmse in the terms. other aim legal terms, including accidents in or deletions from the quwfifies originally ordered in the sitwifismicare or drawings, by verbal or women change order. If coy such change affects fie amount due or the time ofperfarriance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinen change order, terminate this agreement as to my or ill portions of the goods aim not shipped, subject to my equitable adjustment between the ponies as to my work or nationals can in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of fie gilds .Nor work, for incidental or consequential damages, and that no such adjustment be made in favor of he Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve de Purchaser or me Seller of my of their obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for ad urtment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wanmts that all goods .to hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which de goods are subject The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and cramps suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry shall wasign, transfer, or convey this order, or my monies due or to become due hereunder wimom me prior written consent of the other patty. to. TITLE. The Seller warrants full, clear and unrestricted tide to de Purchaser for ill equipment matenals, and items burnished in performance of this agreement, free and clear of my and ail liens, m raictlons, reservations, security interest encumbrance and claims of others. The Seller shall rele•., the Purchaser and its contractors of my per from all liability and claims of my nature esulting from the performance of such work. This release shall apply even in the evert of fault of negligence of the party released and shill extend to the directors, officers and employees of such parry. 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 Purchaser. Ia. PATENTS. Whenever the Seller is required to use my deign, device, material or process covered by Inter, patent, trademark or copyright, me Seller shill indemnify and save harmless the Purchaser from my and all claims for infringement by reason a fie use of such patented design, device, married or process in connection with me contract, and shall indemnify me Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pan meteor or the intended use of me goods, is in such suit held to constitute infringement and our use of said equipment w pert is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pens, replace the same with substmtiilly equal but noninfnnging equipment or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for fie benefit of creditors, appoirn a or mutee for my of She Sellers property or business, this order may forthwith he canceled by the Purchaser wifout liability. 16. GOVERNING LAW. The definitions of terms used or de anti preuatan of the apartment and the rights of all parries hereunder shall be construed coder and govemed by the laws of the State of Colorado, USA. The allowing Additional Continuous apply ply in cases where me Seller is to pedo— work remember, including fie services of sellers Represemative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask pail the same is fully completed and accepted, and shall, in use of my accident, destruction or injury to the work .Nor mamas before Sellers find completion and acceptance, complete the work at Seller's own expense and to the satisfaction of he Purchaser. WM1e nevends and equipment are four fished by others for instillation or waction by the Seller, fie Seller shill receive, unload, store and hurdle same at the site and become responsible therefor as though such mazeods wiper equipment were being furnished by the Seller under the order. IS INSURANCE. The Seller shill, at his own employees employed provide for the payment of with the work covered by this g occupational =&Or benefits, p its employes employed h t e in connection with de which the covered by this one The order, moor so their depedets is a go and liability with de laws of de state in which me work is to be done. The Seller shill also carry comprehensive army a liability imits of lea,tot limited to, a mime f and automobile public liability insurance with bodily injury and itdeath e limits n v taut 5,M T for my one person, wise require for coy one accident and property, damage limit per accident of insurance 00. The Seller shall likewise comma his army, m provide for such rempenand insurance. Before any of me Sellers or his wnvacmrs employees shilldomysand upon the premises orphans. de Seller shillfamish 11 Purchaser with acertificate mar such wmpensstiur end insurance have hew provided. Such shoal spats shill specify when the daze when such compensation and insurance have been provided. Such pens cases shill specify the rive whm such compensationh and expires. The Seller agrees that such compensation end insurance shillmaintained be wail afterere the came work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire regimental liry and liability, for any and ail damage, loss or injury, of my kind or nature whatsoever to persons or property caused by or resulting from de execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my cr all of the Purchasers offerers, agents and employees from and Spirit my and ail claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his common , or my of the Sellers or contractors office, agents or employees. In case my suit or other proceedngs shill be brought almost the Purchaser, or its oth cons, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and an defend fie same at me Sellers own expense, to pay my and all costs, charges, momrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in care judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ill safety precautions, furnish and ittnall ill guards necessary, for the prevented of accidents, comply with all laws and regulations with regard to ashen, including, but withom limitation, the recupational Safety and Health Act of 1970 and all roles and regulations issued ptsumt thereto. Revised O7/2010