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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9957581Date: 12/21 /2009 City of ort Collins Page Number: 1 Purchase Order Number: 9957581 Delivery Date: 12/21/2009 Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note Line Qty/Units Description Extended Price 1 1 LOT Furniture - City Mgr's Office Provide 12 Chairs - Leap, Adjustable Seat, Upholstered- Drop Shipped, per quote #26038, dated 12/14/2009. R O / 1L.(-4 -F- City of Fort CqffinDirector of Purchasing and Risk Management This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO 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 7,890.00 Total $7,890.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fiom state turd local t',nxeS. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped m due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrivrel. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized 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 Terns. 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 urieinal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the county, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pennits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory 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 flusher agrees to hold the City of Fort Collins harmless fi ono and against all liability and loss incureciby them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives 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 terns and conditions stated herein set forth and any supplementary m additional terms and conditions annexed hereto or into iximied herein by reference. Any additional or different terns and conditions 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 oast be effected within the rinse 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 ofthis provision. In the event of anydelay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere rand holding the Seller liable for damages. However, the Seller shall not be liable lire damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, sit ikes. flood• epidemics, wars or riots 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 ofany such delay. the date ofdelivery 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 conlbnm with applicable drawings, specifications, samples and/or other descriptions given, will befit till the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards fee work of a similar nature. The Seller agrees to hold the putrchaser harmless front any loss, damage or expense which the Purchaser pray suffer or incur on account of the Sellers breach of wananty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period oft inicas stay be preset iled by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed)• resulting from imperfect or defective work dune or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrmtty. 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 fineguing warranties or guarantees. but such liability shall in no 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 tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to Or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. I f any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this ngreenent as to any ur:dl portions ofthe goods then not shipped, subject to any equitable adjustment between the patties as to ;ay work on materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that nu such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front 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 furnished 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 regulations 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 firm all costs and d:unages sit Bered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source goverment contract" within the meaning Of Article XXV I II of the Colorado Constitution ("Article XX V I I I"), then the provisions of Section 15 of Article XXV I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] m any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government alntncl, ur public employment with the state of Colorado m any of its political subdivisions, tin' three years. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any nnonies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. I he Seller vvan:uus till, clear and unrestricted title to the Purchaser fit all equipment, materials, and items finnishedin petimnne, of this agreement. fiee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NON\\SMVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to exercise any rights Or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance ill m payment for goods hereunder or approval of the design. shall not release the Seller of any of the warranties Or obligations of this purchase under and shall not be deemed a waiver ofany right ofthe purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received oraccepted, as to any prior or subsequent default hereunder. not shall anypurported oral modification or rescission of this purchase order by the Purchaser operate as a vvniver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fionn antitrust violationsme in tact borne by the Purchaser. Theretofore, for good cause and as consideration tier executing this purchaseorder, the Seller hereby assigns to the P achuser:my and all claims it may nor have or hereafter acquired under federal or state antitrust hill's for such overcharges rclatinG to the particular goods m services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller 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 associated with such work. The Seller shall release the Purchaserand its contractors ofany tier front all liability and claims of any nature resulting front the perlinnr:nice of such work. This release shall apply even in the event of fault ofnegligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed m caused to be perforated by the Purchaser. 14. PATENTS. \\9enever the Seller is required to use any design, device, ncuerial or process covered by letter, patent, trademark or copyright. the Seller shall indemmifv and save harmless the Purchaser from any and all claims for infiingenent by reason ofthe use of such patented design, device, material m process in connection with the conu'act, and shall indemnify the Purchaser tilt any cost, expense or damage which it may be obliged to pay by reason of such infiingennent at any time during the prosecution o after the completion ofthe work. In case said equipment, or any part thereofm the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser tine right to continue using said equipment or pars, replace the same with substantially equal bill nun-inliinging equipment. ornnodify it so it becomes no -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment fin the benefit of creditor's, appoint a receiverm trustee lam any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation of the agreement and the rights of all parties hereunder shall be cunstrucd under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in aces where the Seller is to perform work hereunder, including the services of Sellers Representalive(s), run the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall canyon said well at Seller's own risk until the sane is filly 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. replete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible theretior as though such materials and/or equipment were being furnished bythe Seller under the order. IS. INSURANCE. The Sellershall, at his own expense, provide for the payment ofworkers 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 state 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 at least $300,000 fur 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 insurance. Belime any of the Sellers or his contractors employees shall do any work upon the premises ufolhers, the Seller shall furnish the Ptuehnser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the (late when such compensation and insurance expires. The Seller agrees that such compensation :red insurance shall be maintained until afier the entire work is completed mad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability tor:my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting front the execution of the wok provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harniless the Purchaser and any or all of the Purchasers officers, agents and employees from 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 maybe put or subject by reason of airy act action. neglect, omission or default On the par of the Seller, any ofhis contractors, or anyofthe Sellers or contractors officers, agents Or employees. In case 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, neglect, omission or default of the Seller of any of Iris contractors or any of its or dneir officers, agents or employees as aforesaid. the Seller hereby agrees to aSsunne the defense thereof and to defend the same at the Sellers own expense• to pay any and all costs. charges, attorneys fees and other expenses. any and all judgments that maybe incurred by ur obtained against the Purchaser ur any of its or their Officers, agents or employees in such suits or other proceedings, and in case judgment ur other lien be placed upon or Obtained against the property of the Purchaser, or said parties in ur as a result of such Suits (ir rut her proceedings, the Seller will at once cause the same to be dissolved and discharged by giving Wild or uthenvise.'file Scaler and his contractors shall take all safely precautions. furnish and install all guards necessmyfor 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 thereto. Revised 0412001)