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HomeMy WebLinkAbout469873 VETS SECURING AMERICA INC - PURCHASE ORDER - 9151536City of art Collins Date: 03/10/2015 Vendor: 469873 VETS SECURING AMERICA INC 10100 REUNION PL STE 750 SAN ANTONIO TX 78216 PURCHASE ORDER PO Number Page 9151536 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/10/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Purchase Order for armed security service @ 117 N Mason 7104 Security Services Police Services Building, Amendment #1 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 33,000.00 Total $33,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifrcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Steuart 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the 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 warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any 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 arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonzed 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 resulting from antitrust ACCEPTANCE is depatc art upon completion of all applicable required inspection procedures. violations an: in fact bone by the Purchaser. Therctofam, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining in 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 Pumhawr pursuant In this purchase order. bill most 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 point to 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 necessary, permits, certifictram and licenses required by all applicable laws, regulations, ordinances and mles of the sure, municipality, ternary or political subdivision where the work is performed, or required by any other duly commuted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, rates and requirements. Authorization. All parties to this contract agree that the tepresentetives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time 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 my 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 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 acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the condition causing such delay is given to the Purchaser within foe (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 equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials 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 performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purcbamr harmless from my loss, damage or expense which the Purchaser may suffer a incur on account of the Sellers beach of warranty. The Sella shall replace, repair or make good, without cast to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be Drescnbed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my 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 my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change Order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not he liable for my claims for anticipated profits on the uncompleted portion of the goods mNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard sock. No such termination shall relieve the Purchaser a the Seller of my of their obligation w o my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is 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 goads are subject The Seller shall execute and deliver such documents as may be required an effect or evidence compliance. All laws and regulation 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 harmless from all costs and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all lien, restrictions, reservation, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct no andforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and die Seller thereafter indicates its inability or unwillingness to comply, the purchaser may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. 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. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such pointed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged an 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue aging said equipment or parts, replace the same with substantially equal but nontnftinging equipment, or modify it so it becomes nonlnfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefn of crediors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of term used or the interpretation of the agreement and the rights of all parties hereunder shall be communal under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmargative(s), on the pmernl gs, of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment tare famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the sip and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 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 dependents in accordance with the laws of the sate 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 bodily injury and death limits of in least $300,000 for any me person, $500,000 for my me accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contriaors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided Such certificates 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 Out such compensation and insurance shall be maintained until 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 of any kind or nature whatsoever to person or property 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 harmless the Purchaser and any or all of the Purchasers officers, agents and employees form and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchases may be put or subject by reason of my act, action, negleca, omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account a 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 m aforesaid, the Seller hereby agrees an assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, atmmeys fees and other expenses, any 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 lira be placed upon or obtained against the property of the Purchaser, or said parties in or as a mutt of such sues or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond a otherwise. The Seller and his contractors shall take all safety precautions, famish and install 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 rules and regulations issued pursuant theme. Revised 0312010