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HomeMy WebLinkAbout105778 OFFICE DEPOT - PURCHASE ORDER - 9120878Fort Collins Date: 02/10/2012 Vendor: 106778 OFFICE DEPOT ACCT #87006158 PO BOX 633211 CINCINNATI Ohio 45263-3301 PURCHASE ORDER PO Number Page 9120878 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ACCOUNTING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 02/09/2012 �/ Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT-CALENDAI YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES"AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. ,! Line Description Quantity UOM Unit Price Extended j Ordered Price OFFICE SUPPLIES 2012 BLANKET PO Estimated purchases for Finance Department. City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 1 LOT LS Total Invoice Address: 7,000.00 $7,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fnn Collins is exempt fmm state and Inca) toes. Our E.xcmption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-601)0597 is registered .with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delov to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor 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 crony right of the damage in transit my be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance oco nforany ofits rights or remedies as to anv such goods. regardless instructions fmm the City of Fort Collins, of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purpnnM a.I mndification or rescission of this purchase order by the Purchaser operate as a waiver of ony of the tans Inspection. GOODS arc subject to the City effort Collins inspection carnival. hcrmf. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Von Collins. However, it is to he understood that FINAL. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in her home by the Purchaser. Theretofore. 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 hercancr Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 7M Wood St. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular grads on services otherwise specified on this order If permission is given to factory freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all crisis associated with such wo& Permits. Seller shall procure at sellers sale cast all necessary permits, 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. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mosen 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 arc, in fact, bona fide and posscss full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits aceepancc to the terns 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 tans and conditions proposed by seller are objected round hereby rcjcctM. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make contralti, shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and performance most he effected within the time stated on the purchnse 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 prevision. In the even, Many delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order c[sewherc 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 an beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities, governmental priorilies. fires, strikes. Bond, 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason fthe 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, x•ill 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 room. The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or mike good, without cost to 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 of any applicable warranty provided by the Seller nfter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as othetw'ise provided in this purchase order, the Sellers liability hereunder shall extend to al) damages proximately caused by the breach of any of the foregoing wammies or guanntecs, 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 SHALT. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal tans, including addiflim, to m delctinns 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 ofperfomancc hereunder, 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 gads then not shipped, subject to any equitable adjustment between the panics 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 of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goat which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goals delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or temination is ordcmd. R. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all.applicablc laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes mud regulations required to he incorporated in agreements of this character arc h rcbv incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hi mlcss fmm all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry 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 wamnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cnmmbmnccs and claims ofothcrs. The Seller shall release the Purchaser and its contractors crime tier firm all liability and claims of any nature resulting From the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and cmployecs ofsuch parry. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed nr caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seiler is required to use any design, device. material or pmccs covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented 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 in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thcrcof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and at its option. either prey ure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment at modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmNny or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions critters used or the interpretation ofthe agreement and the rights ofell panics hereunder shall be caromed under and governed by the Imes ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is in perform work hereunder. including the services i Scilers Representtive(s), on the premises Menhers. 17. SELLERS RESPONSIBILITY. The Scllcr shot[ tarty on said work at Seller's 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 Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being funished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers comprnmtion, including occupational disease benefits, to its employees employed on or in connection with the work reacra] 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 Seiler shall also carry eompwhensive gcr eml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at least 5300,000 for any one person, S500,000 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his mntradors, 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 ofather,. the Seller shall furnish the Purchaser 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 date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0cr 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, Ins, or injury orator kind or nature whatsoever to persons ar property caused by or resulting From the execution of the work provided for in this purchase order or in connection hecwith. The Seller will indemnify and hold ham less the Purchascr and any or all of the Purchasers oRcers, agents and employees from and against any and all chums, losses, damages, charges or expenses, whether direct or indirect, and whither to persons or properly to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, 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 his contractors or any M its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to defend the same at the Sellers own expense. to pay any and all costs, charges, attorney, fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their oRcers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofihc Purchascr, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cane the same to be dissolved and discharged by giving bond or 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 poles and regulations issued pursuant thereto. Revised 0312010