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HomeMy WebLinkAbout469873 VETS SECURING AMERICA INC - PURCHASE ORDER - 9150568PO PURCHASE ORDER 915056er Page CI'h/ of PURCHASE 9150568 1 of 2 F^r} Collins I„s This number must appear /!"_`�/`' ` V ` 1 1 on all invoices, packing sli s and labels. Date: 0112312015 Vendor: 469873 VETS SECURING AMERICA INC 10100 REUNION PL STE 750 SAN ANTONIO TX 78216 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/23/2015 Buyer: JOHN STEPHEN 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 Police Lobby Security Contract 1 LOT LS 21,500.00 3 months for 2015 PER TERMS AND CONDITIONS OF BID 7104 AND 2014 RENEWAL LETTER 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.mm 1 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins u exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise I in 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 m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofar payment for goads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamentiu or obligations of this purchase order and shall not be deemed a waiver of any tight of the damage in martin, may be returned to you for crtdo and are .1 To be replaced except upon receipt of writtm porchaur to insist upon since performance hereof or any of its righs or remdies r to any such goods, regardless itre,tions fiom the City of Fort Coll im. of when shipped, received a acceped, as 10 any prior or subsequent default hereunde. Our shall any putponed oral mudificarion or rescission of this purchase etch by the Purchaser optimum ss if waiver of my of for It. Inspection GOODS au subject ro the Cary of Pon Coll. inspection on anivaL former. Tirol Accepunce. Receipt of the merchandise, urvic s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. influenced payment on the part of the City of Few Collins. However. it is to be understood that FINAL Seller and the purchaser recognise that in actual ecro is Frontier, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact boom by the Purchase. The onf ne, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now lave or hereafter Freight Terns. Shipments must be F.O.B., City of Fon Collins, 700 Wood Sr, Far Collins, CO 80522, unless acquired under federal ar state Mlimm lams for such overcharges relating to the panimlar goods or services otherwise specified on this order. lfpermisucan is given to prepay freight and charge separately, the original freight purchased or acquired by the Pachamrp rommut to this purchase other. hill most acmmnanv invoice. Additional charami fro nankin¢ will not be armed, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution for m destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all nceessary permits, anificates and If. ma. required by all applicable lams, regulations, ordinans and mks of the stem, municipality, ran., or political suWicism where the work is performed, or required by any other duly commorded public authority hasingjurisdiction over fire weak of vendor. Sella funhrr, agrees m hold the City of Far Collins harmless form and amine, all liability and loss inmurcd by them by reason of an assured or established violation of any such laws, regulations, ordinances, rle& and remove ..is Amhodxmion. All panics to this contract agree That the oquesenmrivea are, in four, bona Ede and pn ws, full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the temp end coMin.- stated herein set form and any supplementary or additional terms and conditions annexed harem or incorporated herein by refenene. Any additional or different terms and coachourn4 proposed by seller are objened On and hereby rejected_ 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery &ate as noted. Time is of the essence. Delivery and performance most be eRmmd within the Iime stated on the purchase order and the discontents mooched beret,,. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the even, of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller &ball not he liable for damages as a msuh of delays due to muses Out reasonably ffiresaable which are beyond its bable control and without its fault ofnegligetwe, such acts ofGd,ads ofinol or military authorities, governmental priorities. f s, strikes. Rood, epidemics, wars or riots provided dal noise of the mndi,ions musing such delay is was to the Purchaser within five (5) days of the time when the Seller fir received knowledge thereof In the event of my such delay, rise dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, amides, maerals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions giver, will be tit for the pumoses intended, arm penfornd with the highest degree of care ond competence in acmrdance with accepted standards for work of a mils nature. For Seller agrees to hold doe purchaser harmless from any loss, damage a expense which the Purchaser may suffer at incur on account of the Sellers breach ofwarmnry. The Seller shall replace, repsh or make Soared, without vast to the purciraseq any defects or f Its arising within one (1) year or within such longer period of time re may be prescribed by law or by the moos of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not of be unreasonably delayed), awltiog from in, afl or defective work done or materials famishd by the Seller. Acceptance or use of goods by the Purchaser shall not taro me a waiver of my claim under Nis warranty. Except res otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the beach of my of the foregoing warranties or guarantees, but such liability shall in no rant include loss of profis m 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 ndnen change other 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the reams, other than legal terms, including additions to or deletions from me quart originally ordered in the specifications or drawings, by vabal o comen change order. If any such change aets ththe,am amount due or the me ofefm pwee u hereMer, an equitable adjustment shall be made. 6. TERMB4ATIONS. The Purchaser may at any time by written change order, mrmiram this agrecmrnr as to any err all portions of far goods then not shipped, subject to any equitable adjunmet between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated inNs mf the uncompleted portion of the goods muVor w'ark, for incidental or caamuential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for Mjusrment most be asserted within this (30) days fro the date fire change or urmination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmdard, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations ra mo be be incorpomted in agreements of this character we hereby incorporated be ein by this reference. The Sella agree to indemnify and hold drc Purchaser hamdess from all ens, and damages suffered by the Purchaser r a result of tine Sellers failure to comply with such law. 9. ASSIGNMENT. Neither putty shall auign, transfer, or convey this fidew or any monies due or to become due hereunder wifEout the prior written consent ofthe other party. 10. TITLE. The Seller wmmns full, clear and constricted title to the pmchasen for all equipment materials, and items humored in performance of this agreement fro and clear of any and all lien, restrictions, reservations, security Interest encmrtmnces and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs fire Seller to correct nonconforming or defective goods by a dale to be agreed upon by the Purchaser and the Seller, and the Sella 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 costs narrowed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my names resulting from fire performance ofsuch wok. This release shall apply even in the event of fault of negligence of fire Party releud and shall extend to fire directors, olficcrs and employes ofsuch pay. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or mused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, manna, or process covered by lever, patent trademark or copyright the Sella shall indemnify and save hannlas the Purchase from any arm all claims fro infringement by reason of fire use of such parented design, device, material or process in connection with the common. and shall indemnify the Purchaser for any test expense or damage which it may be obliged On Pay by reason of,.h infringement at any time during the prosecution or after the completion of the work. In cam said equipment, or any Pam thereof or the founded use of the goods, is in such suit held to 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 equipment or parts, replace the sane with substantially equal but voninfringiwg equilateral, or modify it am it farmers incriminating. 15. INSOLVENCY. If the Seller shall become insolvent or barnkrupt make ran assignment for fire benefit of adimrs, appoint a receiver or mntee for any of the Schim property, or business, this order may forthwith he canceled by the Purchaser without liabilire. A. GOVERNING LAW. The definitions cf terms used or the interpretation fifth, agreement and the rights of all parties hereunder shall be eortrued under and governed by the lases of the Seam of Colomdo, USA. The following Additional Conditions apply only in cams where fire Sella u to perform wok hbwwwJwi including thr senices of Sellers Ramoscntafbe(s), oa the Premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly completed and accepted, and shall, in e of my accident, destmation or injury to the work and/or materials before Sellers final completion and acceptance, complete the work a, Sellers own expense and to the satisfaction of the Pmciraur. When materials and equipment are famishel by others for installation a erection by the Seller, the Seller shall receive, unload, store and handle same at the site wed become responsible therefor as though such materials and/or equipment were being famished by the Seller made the order. 18. INSURANCE. The Seller shall, at his own expene, provide for the payment of workers camperumn, including Occupational disease benefits, to its employees employed on or in nomination with doe work covered by this purchase coder, amDor to their dependents in accordance with the lows of The sate an which the work is to be done. The Seller shall also carry comprehensive suneml Nobility Including. but not limited to, contractual and automobile public liability insurance with bly injury Won ury and death limits of at last S30o U for my one pers, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, on provide for such wmperason arm imurnnce. Bet may of the Sellers or his mmrnctors employs shall do any work upon rise premises of others, the Seller shall fiunish the Purchaser with a anifcam flaw such compensation and insurance have been provided. Such cenificmes shall 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 immature shall be maintained until after the entire work is completed and warted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby re mutes the entire responsibility arm liability for any want all damage, loss or injury ofany kind r nature wharsocca b persons or property, caused by or resulting from the execution of the work provided for in this Durham order or in connection herewith. The Seller will indemnify and hold formless Ibe Purchaser and any r all of the Purchamrs officers, slew, and employees from and again any and all claims, losses, damages, charge or expenses, whether direct or indirect, want whether to persons or properey to which the Purchaser may be put or subject by reason of my not, action, neglect, omission or default on the pan of fire Sella, any of his contractors, or any of the Sellers or connacmrs officers, agents or employees. In carce any suit or other proceedings shall be brought against The Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, wittiest, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employers as aforesaid, the Sella hereby agrees to assume the defense therm( arm to defend the same at the Sellers own expense, to pay any and ell cos,, ebatga, atmmays fees arm other experes, any and all judgments that may be incurred by or obuimil against fire Purchaser or any of its or their officers, agents or employees in such suits or offer p eedings. and in care judgment or other her he paced upon or obtained against the property of the Pumhasa, Or said panics an of as is reach fsuch sums or olber proceedings, the Seller will at once coati the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and irsull 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 roles arm regulations issued pursuant thereto. Radial 07R014