HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 2208558 (2)Date: 12/17/02
City of Fort Collins
City of Fort Collins
Page Number: 1 of 1
Purchase Order Number: 2208558
uellveryuate: ILrIaluz Buyer: BONNETTE,ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units I I Description Extended Price
1 LOT DB Furniture Project
POLICE IS PURCHASING SURPLUS WORKST�MON FURNITURE FROM THE
LARGE PURCHASE FACILITIES (DONNA MARIE BAIREY) MADE FROM KDI;
ON THE SECONDARY MARKET.
Total
This order is rhdhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Phone: 970-221.6776 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us
20,000.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
1. COMNIERCiAL DETAILS.
Invoice Address. To aware prompt Payment mail invoices in mPlime to:
City of Fat Collins Accounting Division
P.O. Box 580
Fort Collins, CO 80522
Tax exemptions. By statute the City of Fat Collins is exempt from Mae and local tare. Our Exemption Number
is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-WW587 is registered with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure in mat specifications, either when shipped or due in defect
of damage in transit, may be warmed to you fm credit and we not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the macbmd'i e, urvias or auipment in margarine to this oiler can result in mthaizd
payment an the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inpection Vacedorcs.
Pwight Terms. Shipments mart be P.O.B., City of FM Collins, IN Wood St, Fat Collins, CO 80522, unless
otherwise specified on this order. If pormioiOn in given to prepay freight and charge separday, the original freight
bill must accompany invoice. Additional charges for packing will not he accepted.
Shipment Distance . Where manufacturn, have d mibuting points in various Isms of the country, shipment is
expected from the woman, distribution point to combustion, and excess freight will the dductd from Invoice when
shipments are rode from greater distance.
Perms. Sella shall pucure a sellers sole coat ell necessary permits, certificate and licenses required by all
applicable laws, regulations, ordinances andales of the state, municipalftY, military or Political subdivision where
the work is pallownd, a mistrial by my other duly canstinrtdpublic authority havingjurisdiaim over the work
of vendor. Sella further Was to hold the City of For Collins harmless from and against all liability and Ions
incurred by them by ream of m aas.ed or established violation of any such laws, regulations, ordinances, rules
and requirement.
Authoritarian. All parties to this comment Was that the representatives are, in fat, Who fide and possess full and
complete mshrniry re bind said parties.
LEMITATION OF TERMS. This Purchase Order expressly limits Maxi mce to the terms and conditions stand
herein sec forth and my supplementary or additional teens and conditions annexed hereto or incorporated herein by
refesence. Any additional or different terms and conditions proposed by seller we objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your
promised delivery date as noted Time is ofthe essence. Delivery and pe conme , most he effected within the time
steed on the purchase order and the documents attached hereto. No acts of the Purchases including, without
limitation, acceptance ofpmtial late deliveries, shall operate an awaiva of this provision. In the avant of uny delay,
the Purchaser shall have, in addition to other legal and cyuiturb], remedies, the option ofplaang this ader elsewhere
and holding the Sella liable fro damages, fkwsw, w, the Sella shall not be liable for damages as a result of delays
due to oases not reasonably foreseeable which arc beyond in reasonable control and without in fault of negligence,
such ass of God, ecru of civil in military authorities, governmental Fri oritia, fires, strikes, flood, epidemics, wan
or riot povidd that notice of the conditions owing such delay is gives in the Purchaser within five (5) days of the
time when the Sella find remised knowledge thereof. In the event of any such delay, the daze of delivery shall be
eximded for the period equal m the time mtually last by ream of the delay.
3. WARRANTY.
The Sella warrants that all gods, articles, materials and work covered by this order will conform with applicable
dembils, apaifistias, smplen andor Other descriptions given, will be fit for the purpose intended, and Performed
with the higher degree of caw and competence in accordance wife accepted standards for work of a similar worm.
The Sella spear m bold the p ncbasa hemden from my law, damage or expense which the Pachnsa may suffer
re iota on mruum of the Sell. breath of warmly. The Sella shall replace, repair or make good, without cost to
the purchases, my defsas or faults arising within one (1) you a within such longer period of time as may h
proscribed by law or by the towns of May applicable warranty provided by the Seller after the daze of acceptance of
the goods Tenishd h.under (acceptance net to be unreasonably delayed), reulfing from imperfect or defective
work done or materials formatted by the Seller . Acceptance or use ofgoods by the Passage., shall nor constitute a
waiver of my claim ads this warranty. Except as whe sine provided in this purchase order, the Sellers liability
b omarda shall wood to all damages proximately reused by the breach of my of the foregoing women. or
gusnnress, but such liability shall in no swam include low ofpmfin or loss of use. NO ISWLIED WARRANTY OR
hIERCHANfABB.TfY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pmc eraw may make changes to legal team by winner change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes, to the «nun, other then legal terms, including additions to or datums from
the quantities originally mdaal in the specifications or drawings, by verbal or written cbmp order. If my such
change offers the amount due in the time of performance haemder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Panthms may at my time by written change order, teminaw this agreement as to my or all portions of the
goods then nor shipped, subject to my cquimbe Annoweet between the parties as to my work or materials then in
,ogress provided the she Purchaser shall am In liable for my claims for anticipated profits on the uncompleted
,ration ofthe goods and/or week, fa IncidenW or consequential damages, and that no such adjustment be wide in
favor of she Sella with respect to my goods which arc the Sellers standard stock. No such taormatice shall relieve
the Purchaser or the Sella of my of their obligations as to my goods delivered has.&,.
0. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assentd within thirty (30) daye from the data the change or termination is ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all gods sold h.under shall have been Fictional, sold, delivered and furnished in mite
compliance with all applicable laws and regulations in which the goods arc subject. The Seller shall execute and
deltva such documents as may the ryarcd to effect or evidence compliance. All ]aura and regulations required to
he incorporated in egreenias of this character are hereby incorporated herein by this reference. The Sella agrees
m indemnify and hold the Purchases harmless from all can and damages suffered by the Purchase as a result of
the Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall actin, nmisfa, in amvey this order, or my monis due or to beconm due hereunder without the
prior written consent ofthe Other party.
10, TITLE.
The Sella wanmin full, Ilea and unrestricted title to the Pumbaser fin all wquipsmt, summer, and items forishxi
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11, NONWAIVER.
Fellow of the Paehasa to insist upon strict prformunce of rise team and conditions hereof, failure or delay to
exercise any rights or remedies Provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release the Sella of
any of the warrm er or obligations of this purchase coda and shall not be darned a waiver of any right of the
purchaser to insist upon strict p,f.,a hereof or any of its rights or mmedies as to any malt goods, rc,still.,
of when shipped, received or accepted as to my Prior or subsequat default hereunda, nor shall any purpotsed oral
modification or swassion of this purchase order by the Purchaser operate a a waiver of my of the terms hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Pacheser recognize that in actual aoncmic practice, overcharges resulting from antitrum violations
art in fact borne by the Purchaa. Thaetofrre, for good were and as consideration for executing this purchase order,
the Seller hereby wsiga to the Pamhws my and all charge it may now have or hereafter secured under federal or
state whose laws for such overcharges relating to the percale, goods or services promaed or acquired by the
Purchaser pureent to this purchase order.
13. PURCHASERS PBRFORMANCB OF SELLERS OBLIGATIONS.
If the Porchanw direcn the Sella to cortat succonform ig or defective goods by a data to be agreed upon by the
Purchera and me Sella, and the Sella theseefta indicates its inability err mwillingncsa to comply, the Pmcbaser
may cause the work to he performed by the most expeditious enema available to it, and the Sella shall pay all can
associatal with such work.
The Seller shall mlewe the Purcbms and its continuous of any rite broom all liability and claims of my naurc
resulting from the performance of such work.
This release shall apply even a the event of fault of ingligmce ofthe party wlowed and shall extend to the d'rectms,
officers and employers of such party.
The Sellers cmme a obligations, including warranty, shall not be doormat in be wAocd, in any way, becomes such
work is performed or caused in be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, material or pintas covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Pwebasa from my and all claims fro infringement
by realm of the use of such parented design, device, material or process in connection with the contract, and shall
indemnify me Purchaser for my cost, expense or damage which it may be obliged to pay by rearm of such
infringement a my time during the poaunon W after the completion of the work In case said equipment, or my
pan thereof or the intended we of the goods, is in such suit held to constitute infringement and the use of said
equipment or pat is enjoined the Sella shall, a its own oprnse and at its option, either procure for the Purchase
the right to continue using said auipmew or Pam, replace the sane with substantially Waal but nun -infringing
equipment, Or modify it so it becomes non-infnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment f the benefit of editors, appoint a receiver
or trustee fa my of the Sellers property or business, this ads may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of tears used or me interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply Only in cams where the Sella is to perform work hereunder, including
the services of Sellers Repcsentativas), on the promises of other.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work a Sellers own risk anti] she same is fully completed and =opted, and shall, in
care of my accident, destruction or injury to the work mdor materials before Sellers final completion and
acceptance, complete the work at Seller's Own expense and to the sadsfation ofthe Purchases. When materials and
equipment tie famished by oat. f installation re=a m by the Sella, the Sena shall receive, mload, stare and
handle same a the site and become responsible therefor in though such materials mdor equipment was being
furnished by the Sella under the order.
18. INSURANCE
The Seller shall, at his own expense, provide for the payment of workers compeneaion, including occupational
dseeso hnefin, to in employees employed on or in connection with the work covered by this Purchase order, mdor
to their dependents in accordance with the laws of the mate in which the work is to h done. The Seller shall also
cony comprehensive general liability including, but not limited to, comeracmal and anteambile public liability
insure a with bodily injury and death limits of m Iowa$300,000 for my me p.on,$500,000 fm my me accident
and property damage limit per accident Of $400,000. The Sella shall likewise require his cmtwomm, if my, to
provide for such compmation and inurance. Before any, of she Sellers or his contract. employes shall de my
work upon me premises of nun., the Sella shall Finish den Puchos a with a certificate that such ceinpnsenm and
insurance have hem provided. Such certificate shall specify the date when such compereaion and announce have
Noon provide. Such certificates shall specify the des¢ when such compensation and insurance expires. The Seller
agrees the such compensation and insurance shall be maintained until after me entire work is completed and
incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Sellerhereby assumes the onfire responsibility and liability for my and all damage, Ions or injury of any kind
Or nature whatmova to persons or property causal by or mantling from she execution of the work Provided for in
this purchase order or is connection hesewith. The Sella will indemnify and hold harmless the Purchases and my
Or all oftise Purch as officer, agents and employees from and agai= my and all claims, Ices., daemmges, charges
or expenses, whether direct or indirect, and whether to p.ons a property to which the Purchaser may be put or
subject by reason of my act, anion, neglect, omission M default M the pan of the Sella, my ofhis contractors, or
my ofthe Sellers or contractors officers, agents or antanyees. In was my suit or wher proceedings shag be brought
against the Purchaser, or in officers, agents or employees a MY time W account or by reason of any not, action,
neglect, omission ce default of the Sella of my of his connector to my of its no their Officers, agents or ermploYme
w aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same a the Sellers cum
expense, to pay my and all toms, crags, worries; fees and other expenses, my and all judgment that may be
incmd by or Obtained egaina the Purchaser Many of its or their, officers, agents a cmploYea bt such sots or omw
proceedings, and in care judgment or ahem line be placed upon or obtained against the Property of the Purcheea,
or said patio in or as a moult of such suits or Omer proenschu s, she Sella will a once cause the same in h
dissolved aid diachagd by giving bond Or otherwise. The Sella and his caaect. shall nke all sassy prtsunoim,
furnish and instull all guards moo ewy for me prevention of accidents, comply wish all laws and regulations with
regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ties and
reguladons issued pure con thereto.
Revised 11/9