HomeMy WebLinkAbout414924 FLEMING SECURITY SERVICES - PURCHASE ORDER - 9150366PO
PURCHASE ORDER 915036er Page
City, of50366 1 °f2
�■ Collins( _ This number must appear
V " 1 on all invoices, packing
sli s and labels.
Date: 01/1512015
Vendor: 414924
FLEMING SECURITY SERVICES
508 SEDGWICK DR
FORT COLLINS CO 80525
Ship To: PUBLIC LIBRARY (MAIN)
201 PETERSON ST
FORT COLLINS CO 80524-2990
Delivery Date: 01/15/2015 Buyer: ED BONNETTE
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
t 2015 BLK ORDER FOR
SECURITY 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
1 LOT LS
65,000.00
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 DEFAILS.
Tax exemptions. By stm to the City of Fan Collins is cxcmpt from sore and load coxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Ccrtificam of Registry 84fio0o587 is registered with the Coneemr of
Failure of the Purchaser an insist neon strict performance of the terms and conditions hereof failure or delay to
Internal Revenue, Drava, Colorado (Ref. Colorado Revlad Smtules 1973, Chapter 39-26,114 (a).
exercise any rights or recorder provided herein or by law, failure to promptly notify the Seller in the ewnr of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not relese the Sella of
Goods Rejected. GOODS REJECTT ED due to failure to meet specifications, either when shipped or due as defects of
any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the
damage in mnsi4 may be roes mal to you for credit and are not to be replaced except upon receipt of wdnen
pumhaser to insist upon water performance hereofor any Of its rights or remrdies in to any such goods, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, s many prior or subsequent default hereundes, nor shall my pmponed
oral modification or rescission rights p.m. Omer by the Purchaser operate res a waiver of ery ofthe temp
Inspection- GOODS are subject to the City ofFort Collins inspection on wriwl.
hereof.
Final Acceptance. Roetpt of the merchandise, services Or equipment in response to Nis Omer con at, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an 6e pan of the City of Fen Collins. However, it is in be understood Nat FINAL
Seller and the Parchases mogwze Out in actual sais practice, overcharge resulting tram antitrust
ACCEPTANCE is dep.denl upon completim of aB applicable n,quirrd impation procedures.
violations art in fact home by the Pumhsa. natetofore nfor good wuse aid as cosidemnion for external, this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Frcighr Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fort 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 If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser p roccal to this purchase order.
bill mull accompany Invoice. Admit nnl charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
manufacturers have distributingpointsexcs is variouspartsbe of6ecoumry, shipment is
ShipmentDistance.me
bya dategness t beagrerdupon by the
rcct6edthermlerheafter
IfthPurc Purcand
odestiaibun
expected from the nearest distribution point to destination, and excess Freight will be deducted from Invoice when
nearest
Pmy the idicategtsdability or unwillingness
end the and the Seller thereafter indicate its inability m unwillingness m lamely, the Fumigatorayall
shipments are made (lam grew. distance.
area
may cause the work ch performed by the mml expeditious meow available to i, anal the Seller shall pay all
work W
cast assoiatrd with such work.
s
Permits. Seller shall procttn, at sellers sole cost all accessary permits, c rt fauna and rictus required by all
applicable laws, regulation, ordimns and rules of the stam, municipality, muchary or political subdivision where
the work is perfortnrd. or requital by my other duly constituted public aurhoriry havingjmimiction over the work
of vendor. Seller father agrees to hold the City of Fog Collins harmless from and against all liability and lass
incurred by them by ason of an asserted ed or established violation of any such laws, regulations, ordinances, rates
and rerequirements.
Aurhmasaim. All parties to this contract agree that the representatives are, in fact, bona fide and Pa.,. full and
complete authoriry m bind said panics.
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terns and conditions sand
herein set foM and my supplementary or additional amens and conditions anrtexrd hereto or incorporated herein by
reference. Any additional or different cros and consirom proposed by seller arc objected wand hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot take complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essenre. Delivery and performance must be effecmd within the time
stated oil the pamhase order and the documents attached hemm. No acts of the Purchasers including• w'ithom
limitation, acceptance of partial lot, deliveries, shall operate as a waiver of this provision In the dent of my delay,
the Purchaser shall have, in addition to other legal and equitable remakes, the option ofi lacing this order elsewhere
.ad holding the Seller liable for damages. However, the Seller shall not b< liable for damages as a result of delays
due to causes not rear mbly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts Ofdvil or military authorities, governmental priorities, fires, stares, Boot, epidemics
hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
tithe whin the Seller fro received knowledge Thereof In the event of my such delay, me date of delivery shall be
extended for the period rynal to the time actually last by reason ofth, delay.
3. WARRANTY.
The Sella warrant that all goods, article, materials and work covered by this order will conform with applicable
drawings, wanton mts, samples and/or other descriptions given, will be fat for me purposes intended, and
performed with the highest degree of any and competence in accordance with accepted warrants for work of a
Murder nature. The Seller agrees 10 hold the purchaser hamtlas from any loss, damage or expense which the
Puo:haxr may sifter or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or fawn arising within one (I) year or within such longer period of
time as may be mammal by law or by the terms of any applicable warranty provided by the Seller after the date of
.MI. of the goods famished hereunder (acceptance not ro be umesonably delayed), resulting from imps tees,
or defective walk done or materials mouthed by the Seller. Arimpmnce or may, of goods by the Fun,basnt shall not
ansumte a waiver of any claim under this warmary. Except as charxix provided in this purchase order, the Sellers
liability hacunder shall extend to all damages proximately wuwd by the beach of my ofthe foregoing wanamirs
or guarsnmem but such liability sball or no event include loss of profit 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 Icgat corms by writes change Omer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal firms, including additions to or deletions from
the quantities originally ordered in the specifications or 6awinit. by verbal or wdnen change mia. If any such
change affetts the amount due or the time Of,aRm cam hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchases may at any time by wrinen chavge order, mrmiram His agrecmem as Iv any ar all portions Of the
goods then not shipped, subject to any amiable adjustment between the parties as to my work or m nt rials then in
progress provided that He Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the goods and/or work, for incidental or anserman it damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellas standard stock. No such eradication shall relieve
the Pandru er or the Seller ofany of their obligations as to any goods delivered hereunder,
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is
o dared
8. COM PL1ANCE WITH LAW.
The Seller warrant Hat all good sold hereunder shall have been produced mid, delivered and furmshrd in dram
..pit. with all applicable lax, and reform. to which the good arc subject The Seller shall exact and
deliver such documents On may be raNired to eRect or evidence compliance. All laws and regulmions required to be
incorltomted in agreements of this character ere hereby incorpommd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all mats and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither play shall assign, ucnafer, or convey His order, or my monies due or an bmome due hemumd without the
prior women consent af6e other pony.
10. TITLE,
The Sella worm. full, clear and umesmicial fill, so the Po xhaea for all equipment, materials, and items famished
in per( re of this agreement f and clear of any aM all liens, ratnctions, tamatiom, wooly interest
encumbrances and claims o f others.
The Sella shall eclowe the Purchaser and its contractors of my tie f all liability and claims of any nation,
resulting woo the performance Ofsuch work.
This teleue shall apply den in the dent of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or canoed m be perfomted by the Purchaser.
14. PATENTS.
Whenever the Sella is nqui d to sew any design. device, mama d or process covered by later, parenk trndereark
bywpyinghL the Seller Seller shall indemnify anrd mt save haless the Punctuatorclaims from my and all claifor infringement
no n of the use of such Extenird design. device. material or process in connection with the rantreer, and
shall indemnify the Puahasr for any one, expense m damage which it may be obligor ro pay by reason of such
iafngement at any time during the prosecution or after the completion of the work. In case said equipment, or
my pan thereof or the intended use of the goads, is in such suit held m constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipmestt or pans, replace the same with substantially equal but
commingling equipment, or modify it so it becomes noninfringimg.
15. INSOLVENCY.
If the Seller shall become isolvent or bankrupt, make an assignment far the benefit of creditors, appoint a
mcciver or trustee for my of the Sellers p rpetty or business, this order Only forthwith be canceled by the
Ruches. without liability.
16. GOVERNING LAW.
The definition of terms card or the interpretation Ofthe agreement and the right of ell panics harevnder shall Ist
construed under and governed by the bens of the Stara ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenmtive(s), on the premises Ofogur,
❑. SELLERS RESPONSIBILITY.
The Seller shall cony on said work at Sellers own risk until the same is filly completed and accepted, and shall,
in a of my accident destruction or injury to the work and/or materials before Sellers Real completing and
acceptance, complete the work at Sellars own expense and to the satisfaction of the Parricidal. What =?costs
and equipment an, fumishrd by others for installation or erection by the Seller, the Seller shall receive, unlmd,
rime aM handle same at the site and become spomible therefor as though such materials andor equipmenr
were brings isbed by the Seller ander the Omer.
IS. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefit, ro its employees employed an or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the same in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bdtily injury and death limits of at least 530R0 XJ for any one person, $500,000 for any
one accident and property, damage limit per aaidem of S400,000. The Sella shall likewise require his
rectors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do my work upon tha premises of others, the Sella shall fltmiO the Fwchana with a car ifcame
Wit such compensation ard insurance have been provided. Such ceniftcarms shall specify the date when such
compensation and i nual have been provided. Such atf6ams shall specify the dam when such mmpara Lion
and remanw expires. The Seller agrees that such compensation and insurance shall he maintained until after the
entice work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more reeponsibil try and liability for any and all damage, loss Or injury crony kind
or more whatsoever to persons or pmpeny caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith The Sella will indemnify and hold hamdry, the Purchases and any
r all of the Parameters officers, agent and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or property to which the Purchase may
be put or subject by mason of any act, action, neglect. omission or deboil on the pan of the Sella, my of his
wnaactms, or my of the Sellers or contractors officers, agents or employs. In now my suit or other
proceedings shall be brought normal the Purohutt, or its officers, agents or employees at my time an account or
by reason of my mL action, yells, omission or default of the Sella of my of his contractors or my of it or
their officers, agents or employees as aforesaid, the Sella hereby was to assume the defense thereof and to
defend the same at the Sellers own expense, ro pay any and all costs, charges, attorneys fees and Other expettus,
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 case judgment or other lien be placed upon Or
obttnN against the property, ofthe porches., or said pantie in or in a result Of such suits or other proceedings,
the Sella will at once cause the same in be dissolved and dischmgrd by giving bond Or otherwise. The Sella and
his contractors shall take all safety paczutions, furnish and scroll all guard naesmry for the prevention of
accidents, mmply with all laws and regulations with .gam to safety including, bur without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant rher.o-
Revised 07R014