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HomeMy WebLinkAbout106778 OFFICE DEPOT - PURCHASE ORDER - 7700130City of Fort Collins Page Number: 1 City of Fort Collins Date: 01/05/0.7 BLANKET Purchase Order Number: uenvery uate: U1/o5/07 Buyer: CAREY, DAVID 7700130 Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 2007 Blanket Order Office Supplies 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. for Police Services as needed. Replaces 2006 Blanket PO# 6600453 3,000.00 Total $3,000.00 City of Fort Colfiny Director of Purchasing and Risk Management This order is alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions i. COMMIRC'.IALDETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate fit City of Fort Collins Accounting Division P.O. Be. 580 Fort Collins. CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt £roam state and local taxes- Our Exemption Number is 98-04502- Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Coheeto of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 in Goods Rejected, GOODS REJECTED due to failure to meet specifications, eitherwhen On ppcl or due to d0oo, of damage in transit, maybe returned to you for credit and are not to be replaced except upon meci lit of n: iuca instructions from the City of Fort Collins. - Inspection. GOODS are subject m the City of Fort Collins inspection on a,,"ill . Final Acceptance. Receipt of the merchandise, services or equipment in Icslhonse m this of can result in motion zed payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F_O-B., City of Fort Collins, 700 Wood St-, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freiglu bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in vaious parts of the country, shipnwtnl is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice mvhen shipments are made from greater distance. Permits. Seller shall proco'e at seller's sole cost all necessary permits, ceititicales and licenses required by ;If applicable laws, regulations, ordinances and rules of the state. numicipalay. tent Cory or political subdlviaio, m• here the work is performed, or required by any other duly constituted public author fly having Imisdiction over the work Of vendor Seller further agrees to hold the City of Fort Collins hamiless Guar and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordimnces, I ides and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess ball 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 incuporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and heeby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot nake complete shipment to an'ive on;our promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto- No acts Of the Purchasers including, witham limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision In the event crony dclm. 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 unit without its fault ofneghgenoa, such sets of God, acts of civil or military authorities, governmental priorities, foes, strikes. food, epidemics. wan critics provided that notice of the conditions causing such delay is given ah the Pu¢hser within five (5) days of the time when the Seller first received knowledge thereof. In the event of oily such delay, the date of delivery shall be extended for the period equal to 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 conPomh with applicable drawings, specificmions, samples and/or other descriptions given, will be fit for the put poses intended, and performed with the highest degree of care and competence in accordance with accepted stnnehnds for work of a similar annual, The Seller agrees to hold the purchaser harmless fi'om any loss, damage or expense which the Purchaser may suffer or incur on account fthe Sellers breach of warranty. The Seller shall replace, repair' or make good without cost It - the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms orally applicable warranty provided by the Seller after'tire date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Four imperlcct Or defective work done or materials furnished by the Seller. Acceptance or use ofgoods by the Ptimhuser shall not constitute a waiver offal claim under this warranty. Except as otherwise provided in this purchase utdel, tine Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmnties or guarantees, but such liability shall in no event include loss of profis 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 India 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to the terms, other than legal terms, 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 heteunden an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion critic goods and/or work, for incidental or consequential d;unages, 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 temtination shall relieve the Purchaser or the Seller crafty of their obligations as to any goods delivered hereundca 7. CLAIMS FOR ADJUSTMENT. Any claim (or adjustment must be assisted within thirty (10) days firm the Jme 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 goods are subject The Seller' shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulmmox required it, be incorporated in agreements offs 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' as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or ;ay monies due or to become dire hereunder without the prior written consent of the other party. I II I. I Id' "4":a waI.a.o fullclear and anresuicted title IO the Purchaser for all equipment, materials, and items furnished r. free and clear of any and all liens_ Iesnictiuns, rescr'vations security interest ern.. I. aims , thels I i. ntrp. WAIVER 1'ailul c al' I'm' Ptir'h: I I to insist upon strict perfumance of the terms and conditions hereof, failure or delay to I'll.." III riehLl in remedies provided herein or by limy, falure to promptly notify the Seller in the erom nfu IIIich, the acceptance of of payment for goods hereunder or approval ofthc design, shall not release the Seller of any o1'tire •.vammuties nr nhligations of this purchase order and shall not be decnhed a waiver of any right of the pwoia=ern Io insist upon strict pei fi n canoe hervi O, uny of its rights or remedies as to any such goods. regardless of when shipped. ovel,ed Ir acceped, as to any prior o, subsequent default hereunder, nor Shall any puryolled oral ,I odd) a n"i nr I'esel'ahha of this purchase larder by the Purchaser Operate as a waiver of;my of the terms hereof ' A`1SI',"11FN1 01 ANfITRUST('LAIMS- Seller and the Pmchmcr recognize that in actual economic practice, overcharges Inching from antitrust violations are in fact Ibu ne by the Purchaser. Theretofore, for good cause and as consideration fin executing this purchase order, the Seiler Inanely assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser' pit[ Saint l to IhiS purchase order. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGAT IONS. If the Practise, directs the Seller to correct nonconfbrnming or defective goods by a date to be agreed upon by the Purchaser unit the Scllcr, and the Seller tlheremier indicmes its inability or unwillingness to annply, the Purchsen mnry cause the work to be pedimned by the nust expeditious means available to it, and the Seller shall pay all costs OSSOCl OW0 with such work. I I, yolo shall relent. the Purchaser and its conunetvs of any tier from, all linhilily and clouts of any ral", restdline fmnr the lie, onnance of such work 'Ihis I lease Shull apply even in the event of fault of negligence of the party released and shall extend to the directors, et)icen ,all employees ofsuch puny. The ldlec. oalliarid obligations, including wamaty_ Shall nor Ix deemed m be reduced, in any way, because such ,:Irk is pu'fornmd or caused to be p i formed by the Purchaser. I1.1?111LNIS lAgmeneeea the Seller is required to use any design, device, material or process covered by letter, patent, trademark ,,I' collvitir% the Seller shill indemnify and save harmless the Purchaser from any and all claims for rob ingement by rclson a the use of Such patented design. device, material or process in connection with the contract, and shall aide......ly the Purchaser for uny cost, expense or damage which it tray be obliged nr pay by reason of such ri i'iagoncnt at any time during the prosecution or after the completion of the walk. In case said equipment, or any part thoeot' Or the intended use of the goods. is in Such suit held km constitute infringement and the use of said eq tiipme cat or pan is enjoined_ the Seller shall, at its Own expense and at its option, either procure flu the Purchaser the right to continue using said equipnmew or parts, replace the same wish suhsantially equal but non-11111 a uall equipmu,v_ or modify it so itbecomes non -infringing. 15 IN SOLV ENC'Y. If the Seller shall become insolvent Or la:akmpt, make an assignment for the benefit of ereditols. appoint a receiver or I, nice tin uny of the Sellers property or business, this order may forthwith be canceled by the Purchaser without Iiobiliry III GOVERNING LAW. The definitions afterms used of the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Sate of Colotado, USA. The fol lowing Additional Conditions apply only in cases where the Seller is m pettinm work hereunder, including the services of Sellers Representative(,), on the premises of others. 17. SELLIi RS RESPONSIBILITY. The Seller shall carryou said work at Seller's own risk until the sane is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work andior maerials before Seller's final completion and :mcepuace, complete the work at Sellers own expense and to the sabsfacbon of the Purchaser. When materials and equipment ac funaslied by others tau installation car etectiou by the Seller, the .Seller shall receive, unload, store and iandle same at the site and become Icsprmsible therefor as though snch nate,i uls an Nor equipment were being ki nished by the Seller under the Order Is INSI IRANC P:. "the Se11eI'sha11L cat his awn expense, provide fvn'the payment It workers compensation, including occupational disease Ieuefils, to its employees employed on or in connecton ",fill the work covered by this purchase order, at illicit dependents in accordance with the Imvs of the state in which the ",oak is to be done. 'Ile Seller shall also ,any otolarhrnsive general liability including, but not limited to, continental and automobile public liability insurance meal, bodily injury and death limits ofin ]cast $300,000 for any one pcu... $501 .000 fnr any One occident and property damage limit pet' accident of $400,000. The Scllcr shall likewise recline his contractors, if any, to pI'ovide on Such corupeu ution and insm'a ce. Berne ..try of the Sellers nr his cunu'actnrs employees shall do any w or upon the premises of Intel the Seller shall furnish the Purchaser with a certificate that such compensation laud insurance have been provided Such certificates shall specify the date when such compensation and insurance lave been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees this such compensation and insurance shall be maintained until slier the entire work is completed and accepted 19. PROTI;C'FION AGAINST ACCIDENTS AND DAMAGES. The Seller heeeby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind ii nature whatsoever to persons in property caused by or resulting farm, the execution of the work provided for in this purchase order or in connection herewith_ The Seller will indemnify and hold harmless the Purchaser are any Or all III tie Purchases officers, agents and employees from and against my and all claims, losses. damages, charges or e.cpeuses. whether direct c, indirect, and whether to persons ol property m which the Purchaser may the put or subject by reason of any act, cacti nil, neglect, omission or default In the part of the Seller, any of his contractors car Orly of the Sellers or Contractors officers. agents or employees. In case any still o, other proceedings shall be brought against the Purchaser, or its officers, agent, car employees at any time on account or by ream.. of ;toy act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officer, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, III pay any and all costs. charges. attorneys fees and other expenses, any and On judgments that nay be incrrcd by or obtained against the Purchaser O, any Of its or their officers. agents or employees in such suits o, other proceedings, and in ca,ejudement or other lien Ire placed upon or obtained against the property of the Purchnsec Ill said parties in of as a result of such xtiils or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bvc d or otherwise. fire Seller and his contractor's shall take all safety pmua llons. famish and install nil guards necessary for the prevention of accidents, comply with all laws and t'egulatiuns 11111 egad to safety including, bid without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursunnl thereto. Revised 11/9