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HomeMy WebLinkAbout469873 VETS SECURING AMERICA INC - PURCHASE ORDER - 9150448PO PURCHASE ORDER 915044er Page Cliff/ of PURCHASE 9150448 + of 2 F/ir} Collins Ins This number must appear !�—J`-' ` v ` on all invoices, packing sli s and labels. Date: 01/20/2015 Vendor: 469873 VETS SECURING AMERICA INC 10100 REUNION PL STE 750 SAN ANTONIO TX 78216 Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/20/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Security Services 2015 CCPS 1 LOT LS 67,525.08 PER TERMS AND CONDITIONS OF BID 7442 2 Security Services 2015 OTPS 1 LOT LS 58,972.20 Total $126.497.28 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.wrn Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1]1IE1TL73i� � - nr .1 rC�idlTriQG}'f'li. Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By starts, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. 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 hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref, Colorado Revised Stmtes 1973, Chapter 39 26, 114 bq) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceprnce of or payment for goods hereunder or approval ofthe desigq shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m nn,w specifications, either when shipped or due to defect of any of the warranties or obligations of this purchase offer and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance bereofor any of it rights or remedies as to any such goods, regardless instructions from the City affair Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, and 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 Fort Collins inspection on consul. heed. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges mantling from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchase. Tharetoforfor good cause and as consideration for excepting this purchase order, the Seller hereby aligns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.00., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under (deal or stale antitrust laws for such overcharges reDnng 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 pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution prior to destination, and excess freight will be deducted from Invoice when shipment are made from greater distance. Permits. Seller shall prowee an sellers sole cost all necessary permit, emtifidiwa and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, ternary, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fort Collins harmless form and against all liability and lass inverrof ea by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Famous Offer expressly limits acceptance to the terms and conditions armed herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted Time is of the essence. Delivery and perfarmance most be dgwc d within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchood sMll have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. 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 negligence, such ads ofG.d, acts of deft or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or mots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended fat the period equal to the Gore actually last by reason of the delay. 3. WARRANTY, The Seller warrant Out all goods, articles, marmots and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of cam and components, in accordance with accepted shorthand, for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may surged or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, winner cost to the purchaser, any defect or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the bums of any applicable waranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreamnably delayed), resulting from imps t or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in n, 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 wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal towns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Produced may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods them not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgoesx provided tbar the Purchase shall ..I be liable for any claims for anticipated profits on the uncompleted proton of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such tmminatwm shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination t ordered. 8. 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 goods are subject The Seller shall exempe and deliver such documents as may be required to effect or evidence compliance. All laws end regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser barmless from all casts and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this coda, or any monies due or to become due hereunder without he prior wrinen consent ofthe offer parry. 10. TITLE. The Seller warrants bill, clear and unrestricted tide to the Forehand for all wimpment, materials, and items fmished in performance of this agreement, free and clear, of any and all tiers, restrictions, reservations, security interest enewnbrawas and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purcharm directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Salle, and the Seller thereafter indicates it 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 cost associated with such work. The Seller shall release the Purchaser and its characters of any tier Item all liability and claims of any whom resulting form the performance rfsuch 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 breach party. The Sellers 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. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process covered by loner, patent, vadereark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the formal, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the Foundation or after the completion of the work. In case said equipment, or any pan thereof or the Intended use of the goods, is In such suit held to wnstirle 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 equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it to it becomes maji fringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpq make an assignment for the be rdit of credlmrs, appoint a covered of trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purolator without liability. I& GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in forkes where the Seller is to perform work hereunder, including the services of Sellers Re,weranetive(s), an the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall eery on said weak at Sellers own n d, until the same is Polly completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials and equipment am famished by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible there[or as though such materials anttor equipment were being Pomished by the Seller under the adder. 18. INSURANCE. 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 covered by this purchase order, and/or to their dependent in accordance with the laws of the stare m which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conformal and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and ins e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cofifcate that such compensation and insurance have been provided Such conficstes swan specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maineined mail after the entire work is completed vad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby vsumes the entire wepwrabdiry and liability for any and all damage, loss or injury of any kind r nature whatsoever m persons or propeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchases officers, agents and employees fora and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, mglat omission or default on the Part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or one, proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of fine Seller of any of his confusion or any of its or their officers, agents or employees ns aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmcots that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such said or other proceedings, and in case judgment or offer lien be placed upon or obtained against the property of the Purchaser, or said parties 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 band or otherwise. The Seller suit his contractors shall coke all safety precautions, famish and instill all guards 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 rates and regulations issued psoccand therein. Revised 07n014