HomeMy WebLinkAbout121818 WATSON FURNITURE GROUP - PURCHASE ORDER - 9957262Date: 12/7/2009
City of
FF16rtl Collins
Page Number: 1
Purchase Order Number: 9957262
Delivery Date: 12/4/2009 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: NOTE: QUOTE WAS FOR ONE REPAIR, WE HAVE THREE TO BE DONE.
CONTACT IS MARY MOORE; (970) 221-6743.
PER QUOTE #Q23497-00 DATED 12/3/09 FOR DISPATCH CONSOLE REPAIRS.
Line Qty/Units Description Extended Price
1 1 LOT
Per Quote Q23497-00
CONSOLE REPAIRS
.r•.a-, 15 O'n"'F_
City of Fort CqffinDirector of Purchasing and Risk Management
This order is dqValid over $5000 unless signed by James B. O'Neill Il, 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
7,694.76
Total $7,694.76
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terins and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Foil Collins is exempt from state and local taxes. 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 or due to detects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Foil Collins inspection on ariva
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 AC'CF; PTA NCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tears. Shipments must be F.O.B., City of Foil Collins, 700 Wood St.. Fort Collins, CO 80522, unless
otherwise specified on this order. Ifpennission is given to prepay feight and charge separately, the original fewlit bill
must accompany invoice. Additional charges for packing will not be accept,,.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected
fronn the nearest distribution point to destination, and excess freight will be deducted from Invoice tvhenshipnncnts ire
made f-om greater distance.
Permits. Seller shall procure at sellers sole cost all necessary peunits, certificates and licenses reclined by ell applicable
laws, regulations. ordinances and rules ofthe 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 further ngrees to hold the City of Fort Collins h:vinless Isom and igainst all liability and loss incunel bylhem by
reason of in 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 list, tuna fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tarns and condition stated herein
set forth and any supplementary or additional tennis and conditions annexed hereto or incorporattd herein by reference.
Any additional or different terns and conditions proposed by seller nee objected to and he eby 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 ofthe essence. Delivery and performance mast be effected within the time
stated on the purchase order and the documents attached hereto. No acts ofthe Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate ns a waiver ofthis provision. In the event ofarydelay, 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 convol and without its frnh ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, tires. sitikes, 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 cotfN nr with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perforated
with the highest degree of care and competence in accordance with accepted suurdards for work ofa similar nature.
The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the I'urchiser stay suft'er or
incur on account ofthe Sellers breach of warranty. The Seller shall replace. repair or make good, Without cost to the
purchaser, any defects or faults at within one (1) year m Within such longer period of t imne as nay beprescribed by
law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance ofthe goods
furnished hereunder (acceptance not to be unreasonably delayed). resulting fionn innperfect or defective Work done or
materials furnished by the Seller. Acceptance or use of goods by the Pm"chase'shall not constitute a Waiver of any
claim under this warranty. Except as otherwise provided in this purchase order, the Sellcrs liability hereunder shall
extend to ill dannages proximately caused by the breach of nny of the finegoing wants hies 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 nuke changes to legal temp by corium change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temp, of her than legal tans, including additions to or,elet ions from the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change
affects the aunount due or the time of perfomnance hereunder, in equitable adjustrment shall Ix node.
G. TERMINATIONS.
The Purchaser may at anytime by written change order, terminate this i&—nne n as to any or all portions ofthe 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 ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment bemade 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 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 furnished in strict
compliance With all applicable laws and regulations to Which the goods are subject.'fhe Seller shall execute and deliver
such documents as oily 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 from all costs and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply With such law.
If and only to the extent this [Agreement] constitutes a "sole source gowerument contract" Within the meaning, of
Ail iele XXVIII ofthe Colorado Constitution ("Article XXV I II"), then the provisions of Section 15 ofAricle XXVII I
are hereby incorporated into this [Agreement]. In such a case, if the [ConvactorI or any other person who is a
"contract holder" is defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXV IIh then the [Contractor] agrees it shall be ineligible to hold any sole source government contract. or
public enployrnent with the state of Colorado or any of its political subiivisions, lire three ,vrus.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any nnonies due or to become due hereunder without the
pilot- written consent ofthe other parry.
I a. 'rrrLl:.
The Seller warrants fill, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in
performance of this agreement, free and clear of any and all fiens, restrictions, reservations, security interest
encumbrances and claims of others.
I L NONWAIVER.
Failure of dn- I'urchuser 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 beach,
the ncacptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the
warranties or obligations ofthis purchase order and shall not be deemed a waiver of any right ofthe put -chaser to insist
upon strict perfollilance hereof or any of its rights or remedies as to any such goods, regardless of when shipped.
received or accepted, is to any prior err subsequent default hereunder. not shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terns hereof.
12, ASSIGMM NT OF ANTITRUST CLAIMS.
Seller and the Ptuchaser recognize that in actual economic practice, overcharges resulting from: nthrust violations are
in fact lxnne by the Purchaser. Theretofore, for good cause and as consideration for executing this purdnaseorder, the
Seller hereby assigns to the Purchaser any and all claims it nnay now have or hereafter acquired under federal or state
antitrust laws for such overchirees relating to the particular goods orservices purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORrNIANC'.E OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to corect nonconfimning or detective 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 nviihable to it, and the Seller shall pay all costs
associated with such work.
"hhe Seller shall release the Purchaser and its contractors ofany tier front all liability and claims ofany nature resulting
from the petrfimna ce of such work.
"I his release shall apply even in the event of fault ofneelieence ofthe party released and shall extend to the directors,
officers and employees ofsuch party.
The Seller's contractual obligations, including Warinty, shall not be deemed to be reduced, in any way. because such
work is pet fvnted or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save hatniless the Purchaser from any and all claims for infrngenent by reason
of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the
Purchaser lire any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time
during the prosecution or after the completion ofthe work. In case said equipment, m any part thereof or the intended
use ofthe goods. is in such suit held to constitute infi-ingenrent and the use of said equipment or pan is enjoined. the
Scller 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 same with substantiallyequil but non-infi inuing equipment, m modify it so it becomes
nun -infringing.
I5. INSO LV I`NCY.
II the Seller shall become insolvent or bankrupt, stake in assignment for the benefit ofcreditors, appoint i receiver or
it fir ally of" the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
Ib. GOVERNING LAW.
'file delinit ions of terns used or die intepretat ion of the agreement and the rights of all parties hereunder shall be
construed under and governed by tire laws ofthe State of Colorado. USA.
hhe following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s). on the premises of miners.
IT SELLERS RESPONSIBILITY
The Seller shall Canyon said work it 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 and/or materials before Seller's final completion and acceptance,
mplete the work at Seller's own expense and to the satisfaction ofthe 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 it
the sit- and become responsible therefimas though such nnatcrials and/or equipment were being tarnished bythe Seller
under the order.
If'. INSURANCE.
The Seller shall. a his own expense. provide lint the payment of -workers compensation, includingoccupational disease
benelas, to its employees employed on or in connection with the work covered by this purchase order, and for 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 insurancewith
bodily injury and death limits of at least S300.000 for any one person. $500.000 for any one accident and properly
damage limit pe accident of S400.000. The Seller shall likewise require his contractors. if any. to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the
premises of others, the Seller shall ❑umish the Purchaser with a certificate that such conpensation and insurance have
been 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 that 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 any and all damage, loss or injury of any kind or
nature tvhausocver to persons of property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of
the Par'CIaSelS officers. agents and employees fion and against any and all claims. losses, dannges, charges m
expenses. whether direct or indirect. and whether to persons or property to which the Purchaser maybe put or subject
by reason of any act, action. neglect, omission m default on the pat ofthe Seller. any ofhis contractors, or anyofthe
Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall bebrought against the
Iurchaser. or its officers, agents or employees at anytime on account or by reason of any act, action, neglect, omission
or default of the Scller of any of his contractors Orally of its or their officers, agents m enployees as aforesaid. the
Seller hereby agrees to assume 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 alljudgmenis that maybe inclined by or obtainedagninst
the Pa'ChnsCl' of any of its or their officers, agents or cmrployces in such suits or othe proceedings, and in case
judgment or other lien be placed upon or obtained against the propertyofthe Purchaser. m said parties in oral aresult
of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged bygiving Ixad
or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessay for
the prevention of accidents. connply with all Inns 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 04/2009