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HomeMy WebLinkAbout111782 TRI-CITY SECURITY INC - PURCHASE ORDER - 3215267City of F`o_rt Collins Date: 0111312015 Vendor: 111782 TRI-CITY SECURITY INC 3517 S MASON FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215267 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Security 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 1 LOT LS 2,000.00 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 Fan Collins is exempt fmm stale and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Cmificale of Registry 84-60005119 is registered with the Collector of Intemai Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written commons, from the City of Fort Collins. Inspection. GOODS are object to the City of Fort Collins inspection on amval. Final Acceptance. Receipt of the merchandise, sic men ar equipt in response to this oNer w esoil in amhotized payment on the pan of the City of Foe Collins. However, it is to be understood than FINAL ACCEPTANCE is dependents upon completam of all applicable required inspection prottdures. Freight Terms. Shipments mast to F.O.B., City of Fort Collins, 700 Wood St., Fen Collins, CO 80522, unless otherwise specified oa this Omer. If permission is given to prepay freight and charge separately, the original freight bill must accmmoanm invoice. Additional chances for cracking will not be acceoled. Shipment Distance. Where manufacturers have distributing points in munwas pans of the country, shipment is expected from the nearest dimibulow point to destitution, and excess freight will he deducted fmm Invoice when shipments are made floor greater door. Permits. Seller shall procure at sellers to cost ail necessary permits, certificates and licenses ta,flood by all applicable laws, regulations, whostr ces and roles of the state, municipality, territory or political subdivision where the work is Performed, or requited by any other duly constituted public audonry having jurisdiction over the work of vendor. Seller banner agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization- All parties to this contract agree that the reprcuntitives art, in fact, bona fide and poswu full and omplae audmnry to bNd mid parties. LIMITATION OF TERMS. This purchase Omer expressly limits acceptance to the borrow and conditions stated herein set Innis and any supplementary or additional to. and mMinn. annexed hereto or incorporated herein by reference. Any additioml or different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you unroof make complete shipment to strict, on your promised delivery date as noted. Time is of Ne csseacn. Delivery and performance must be eft rid within Its, time stared on dun purchase order and the documents coached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries shall operate as a waiver of Nis provision. In fie crew ofuny delay, the Purchaser shall have, in addition to other legal and exposable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due m causes rim wawwbly foreseeable which arc beyond in masonable cannot and without its fault of negligence, such acts ofGod, no ofeivil or military authorities, governmental prio hies, fro, s rakes, Band, epidemics, yours or riots provided that romw of the conditions causing such delay is given a the Pumhaxr within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period clwl to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warnings that all good, articles, matmah and walk covered by this order will conform wit applicable drawings, specifications, samples m llor other descriptions, given, will be fit for the purposes intended, and postponed with the highest degree of care aM comp ssa a in accommcc with accepted srmdrds for wad: of a Psimilar wture. The Seller agrees to hold the pmehaser harmless fmm my less, damage or expertise which the urchaser may suf(m or incur on ancouat of the Sellers breach of commonly. The Sella shall replace, repair or make good, indoor cost to the purchauq any defors or faults losing within ram (1) year or within such longer periM of fine as may be prescribed by law or by the tents ofany applicable warranty Provided by do, Seller aRn de dam of acceptance ofilm good Bimished hereunder (acceptance not to he unwuwwbly delayed), resulting from impenferl or defective work done or materials fmishd by the Seller. Acceptance or use of goods by the Purchaser shall not onstione a waiver ofany claim miler this maturity. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by Nc breach of any of the foregoing .,an or for awees, but such liability shall in m event include loss of profits 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 written change codes. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms. other elan legal terms, including additional to or deletions from de quantities originally ordered in due spmcitiutiom m drawings, by verbal or omen chnnge ome, , If puny such change affacts the amount due or the time of perfomtance hereunder, an equitable w1jnstmana shall be made. 6. TERMINATIONS. The Puucbaser may so my time by worm change order, terminate Nis egmmement as to any or all pnnians of the goods Then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchase, shall not be liable for any claims for antidPmed Pri fls on the wtcompined portion of the good and/or work, for incidental or consegocrund damages, and that no such adjustment be, facile in favor of the Seller with respect to any good which are the Sellers standard stock. No such nomination shall relieve the Pumhxer or the Seller of my after, obligali. a to any goad delivered heramdw. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast Ire asserted within thirty (30) days Form the dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants for all goods sold hereunder shall have been produced, sold, delivered and fumished in snits compliancy with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such doamenrs as may be required to elect or evidence compliance. All laws and regulations requited to be unmounted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to iademnify and hold the Purchase, harmless form all costs and damages suffered by Ne Purchaser as a result of the Sellers failure to comply and such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this when, or my monies due or to become due hereunder without the prior women consent of the other party. 10. TITLE, The Seller warrants Bill, clew and unrestricted till, In the purchaser for all equipmrnl, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, secularly interest encumbrances and claims ofothers. II.NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stnet performance bereof or any of its rights or remedies as to any such goods, regaMless of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any puRnded am[ modification or rescission of this purcWse order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic practice, overcharges resulting fmm antitrust violations are in fact home by the Purchaser. Theretofore, fogood moue and as cmxsidemlow for executing this Purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sum antitrust laws for such overcharges refining to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifine Purch.er directs the Sella to correct nonconforming or defective goods by a date to be agrmed upon by the Purchaser and the Seller, and the Seller thereafter indicates 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 eosu rommated with such work. The Seller shall release the Purchaul and its corrmnors of any time from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party crowed and shall extend a de cited., officers and employees ofsuch pray. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, maternal or process commit by letter, paten4 trademark or copyright, the Seller shall indemnify and mom hmmless the Purchaser from my and all claims for infringement by reason of the we of such patenmd design, devicematerial or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by remain of such inGngcomm at my time during the prosecution or after the completion of the work. In cam said ell ipmrnt, or any part thereof or the intended use of the good, is in such suit held to constitute infringement vW the use of said equipment or pan is joined, the Seller shall, at its cons cxpcme and at its opbonry either procure for the Purchaser the right to continue using said equipment or from, republic the same with substantially egwl but noninGnging tquipment or modify it m it becomes mninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent of bmJ;mpt, make an assignment for me benefit of creditors, appoint a receiver or trustee for any, of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternts mud or the interpretation of the agreement anal the lights of all parties hereunder shall W conswed under and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprosenmtive(s), on the premises ofodmrs. 17. SELLERS RESPONSIBILITY. TIw Seller shall carry an said work at Sellers own risk until fie more is fully completed and accepted, and shall, in cam of my accident, destruction or injury m the work mNor materials below Seller's furl completion and acceptance, complete me work at Sellers own expense and to the satisfaction of due Purehmef. When maeriaB and equipment arc famished by when for notational tional or erection by the Seller, the Seller shall receive, reload. store and handle same at the site and become responsible therefm as though such materials anchor aquipmew were being flanishW by Ne Seller under the order. IS. INSURANCE. The Seller shall, in his awn expense, provide for the payment of workers compcweliaa includng occupational des aw benefits, to its employees employed on or in commons with the work corered by this purchase order, andlm to their depeMens in instructions, with the laws of the state in which the work is to he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contoweanl and automobile public liability insurance with bodily injury, and dead limits of at least $300,03(1 for any one Re naq S500,00o for any one accident and pmpcny damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such com,mation and ins e. Before any ofthe Sellers or his contractors employees shall do my work upon the promises of odes, the Seller shall famish the Purchaser with a cortificals that such compensation and insurance have been provided. Such combiners shall specify the dam when such compensation and terminate have been provided. Such certifwtes shall specify the date when such compensation and insurance expires. The Seller agrees that such cor mr—tion and imumnce shall be maintained mail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofully kind Or nature whatsoever to person, or property moused by or resulting farm the execution of the work provided far in this purchase older or in connection herewif. The Seller will indemnify and hold harmless the Purchaa and any or ell of the Purchasers officers, ageas and employ. from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or progeny, w which Nr Pumhau, may be pm or subject by reason of my act, action, neglect, omission or default on the pm of de Seller, any of his contactors, or any of the Sellers or contractors officers, agents or employees. In nose my suit or other proceedings shall be bmught against the Purchaser, or its oficcrs, agents or employees at any time on account or by reason of any ant. action, neglect, omission or default of rise Sella of any of his contractors or my of its or their officers, agents or employees as afowsaid, the Seller hereby agrees in assume fie defense thereof and to defend the same at Sellers own expense, n pay any and all costs, charges, aeomeys fees and other expenses, my and at judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchue, or said parties in or as a result of well suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all sally precautions, fumish and install all gird necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulationsissued pursuant theme. Revised 07R014