HomeMy WebLinkAbout141169 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9145683City of
FF6rt Collins
Date: 10/01/2014
Vendor: 141169
OFFICESCAPES SCOTT RICE
PO BOX 975070
DALLAS TX 75397-5070
PURCHASE ORDER
PO Number Page
9145683 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: MUNICIPAL COURT
CITY OF FORT COLLINS
215 N MASON, 1 F
FORT COLLINS CO 80524
Delivery Date: 09/30/2014 Buyer: DOUG CLAPP
Note: Bid # 7679 Municipal Court Furniture
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Modular Parts/Labor Muni Ct.
Match existing furniture
reference bid# 7679
per Tiffney Raulston
date 9/5/14
As per scope of work as referenced
in Bid #7679.
Contact: Jennifer Harvey
ph# 970-412-5288
"Please contact Jennifer H. to
coordinate color selection and
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
Pay terms net 30 days
Invoice Address:
6,212.48
WAII:3
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By mtule the City, of Fort Call. is vempt from state and 1-1 taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000582 is regismred with the Collector of
Internal Revenue, Drover, Colorado (Bet. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be mumcd to you for credit and are not to be replaced except upon receipt of written
iasmcamis ft. the City i Fon Collins.
Injection. GOODS are subject ath< City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order callcard in
authon rized payment oa the paof the City of To. Collins. Howevep it is to bun e derstand that, FWAI.
ACCEPTANCE is dependent upon completion of all applicable requiecd inspeclion pmcedum.
Freight Term. Shipments must W FOB,, City of Fan Collins, 2W Wood St., Tom Collins, CO 80522, unless
otherwise specified On this order. If permission is given to prepay (might and change separately, the original freight
hill most mcnmmnv invoice. Additional chances for making will not be accented.
Shipment D6tance. Where manufacturers have distributing paints in various pans of the wintry, shipment is
expected from the neamt disinbulio t point to destination, and excess freight will be dWucred from Invoice when
shipments are made form greater distance.
Permits. Salle, shall pmcure al sellers sole cnsr all necnnary pewits, certificates and licenses recurred by all
applicable laws, regulations, ordinances and roles of the state, municipality, tea imry or political subdivision where
We work 6 performed, or acquired by any other duly constituted public authority having jurisdiction over the weak
of .as. Seller further agrees to bald the City of Fain Collins harmless from and against all liability and loss
incurred by them by mason Of an asserted m established violation of any such laws, regulations, ordinances, roles
and tequirements_
Aulhonstati.n. All panics to this contract agree that the representatives arc, in fact, bow fide and possess full and
complete authomy to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the meni and conditions stated
herein set f M and any supplementary or additional terms and conditions annexed hem, or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller are objected in and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCIIASWG AGENT immediately if you cam.t make complem shipment to wave on your
promised delivery dam n noted. Time is of the essence. Delivery and performance mull h effected within the time
stated on the purchase .,it,, end the fi cumwts attached hmto. No acts of the Purchasers including, without
limitation, acceptance of partial late activates, shall operate as a waiver of this provision. In the event of any delay,
the Purchoer shall have, in addition to the, legal and equitable remedies, the option.1 placing this order elsewhere
and holding the Seller liable for damages. Hoxaoe, the Seller shall not be liable fur damages as a result of delays
due to causes not reasonably fomerable which are beyond its reasonable conwl and without its fault of negligence,
such aces at -God, aces of civil or military suthoenies, g.vemmrnml pnmilies, fires, strikes. flood, epidemics, wars or
hots provided that notice of the ,million, 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 &ate of delivery shall be
extended for the Period equal to the lime actually los, by rcnam ofhe delay.
3. WARRANTY.
The Seller warbnts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
,compared with the highest degree of core and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purohaxr harmless from any loss, damage or expense which the
Purchaer may suffer or incur on account of the Sellers breach ofwarrdny. The Setter shall replace, repair or make
good, without cost to the purchaser, any defects or faults sassing within one (1) year or within such longer period of
time as may be presrnbed by law or by the tame. of any applicable wmmtlly provided by the Seller ape, the des,a of
acceptance of the gsnds furnished hccundef (acceptunce not to be unreasonably delayed), resulting from impart t
or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser suit] not
constitute a waiver of any claim under this warranty. Except ex otherwise provided in this paraloon,• order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wacentin
or guemntces, but such liability shall in an event include has of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES W LEGAL TERMS.
The Purchaser may make changes to legal teens by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the rows, other than legal morn. including addition an or deletions from
the quay ila, ongivally ordered in the W—fications or drevchmi, by vereq or written change order. If any such
change affects the amount due or time of perfomnnce hereunder, an equitable adjustment shall be node
6. TERMRiATIONS.
The Purchaser may at any time by written change order, ereairum this agreement in to any or all portion of the
goods then not shipped, subject to any equitable adjustment bemxm the parties as to my work or materials then in
progress provided that the Purchaser shall not be liable for any claims I'or anticipaeJ profs On tie uncompleted
portion of the goods nndor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goo& which ae the Sellers standard stock. No such termination shall relieve
He purchaser or the Seller ofany of their obligation n to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for talreama, most be assured within thirty (30) days fmm the date the change or mmunation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller womanni that all goods sold hereunder shall have been produced, sold, delivered and f meshed in strict
compliance with all applicable laws and regulation m which the goods art subject. The Seller shall exclude and
deliver such disarming os may be required to effect or evidence compliance. All laws and regulations required m be
ncerpommd Or agreements of his character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and had the purchaser hamleas from all costs and damages tendered 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 any monies due art to become due hereunder without the
Four written consent of the other party.
10. TITLE
The Seller wanants full, clean and unmtricted title as the Purchaser for all equipment, materials, and items famished
in performance of this agreement, from and clear of my and all liens, mtriaions, menalimm, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Painful to is, upon scrim performance of the ta. and conditions herself, failure or delay m
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance Of of payment for goods hereunder or approval offer design, shall not release the Seller of
any of the warranties or obligations Of this purchase order and shall not be deemed a waiver of any right of the
purchaser m insist upon smut perfomrantt hereof., any of its rights or remedies n to any such goo&, regardless
of when shipped, received or accepted, as to any prior or subsequent defauh hereunder, tar shall any mounded
am[ modification or rescission of this Foochow order by the Purchaser operate n a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser exagaim that in actual economic practice, ovachmges residing from antitrust
violations arc in fact home by the Parchment. Theretofore, for good crux and n consideration fro executing this
purchase order, the Seller hereby astigns to the Puchasa any and all claims it may row have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods m services
purchased Or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Wine Fnchaser dium s the Sullen to cancer nonconforming or defective goads by a date m be agreed upon by the
Purchaser and the Sellcu and the Seller thereafter indicates its inability or unwillingness an coni the Purchaza
may crux the work to bd performed by the most expeditious means available to il, and the Seller shall pay all
casts associated with such work.
The Seller shall acicom the Purchaser and its contractors of any tier farm 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 Lary released and shall extend to the
directors, officers and employees of such party.
The Settees contractual Obligations, including wmmnry, shall not be deemed to be reduced, in any way, because
such work is performed or coated m be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material a, ,.,a. covered by letter pmmt, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement
by reason of the use of such patented design, device, matenal or process in connection with the contract, and
shall indemnify the Purchaser far any cars, expense or damage which it may be obliged m pay by reason of an
infringement at any time during the prneculion or after the compleion of the work. In cons, said equipment, or
any part thereof ter the intended use of the goods, is in such suit held da conslifite infdngement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment Or pans, replace the same with srbslamially equal but
noninGnging equipment, or modify it so it becomes nomnfnngini,
I S. INSOLVENCY.
If the Seller shall become ionise, or b arkpin L make an assignment for the benefit of creditors, appoint a
receiver Or wstce for any of the Sellers property or business, this order may forthwith be coaled by the
Purchase, without logilir,
16. GOVERNING U.W.
The definition of terms used or the interyremtion of the agreement and he rights of all parties hereunder shall be
command under and governed by the laws of he Slate of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the smite,ofSellers Represcnative(0), on the premises F tlwn.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sallies own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work ardor materials before Sences final completion and
acceptance, complete the work in 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,
.tort and m handle sae or the sins ad become responsible thereto, as Waugh such .'crisis mdo, equipment
were being famished by the Seller under the other.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefies, to its employees employed on or in connection with the work covered by this purchase Old',
andtm to Weir depeMents in accordance wild the laws of the state in which the work is m be dome. The Seller
shall also wary comprehensive general liability including. but mat limited to, contractual and automobile public
band iry it mmnce with IW dy injury and dead, limits of at lest 53 W,UW for any one person, 5500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shell likewise require his
if any, to provide far such comparmation and insurance. Before any of the Sellers or his contractors
employees shall do my ward upon the premises of others, We Seller shall furbish the Purchaser with a certificate
than such compensation and aromatic have been provided Such cenificutes shall specify We &is when such
compensation and insurance have been provided. Such renifica es shall specify the date when such compensation
and becomes expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and awepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass rocs the entire responsibility and liability for any a ad all damage. has or injury of., kind
nature whiss«var to person or property, caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r 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 m propenY m which the Purchaser may
Lee put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, ar any of the Sellers or contractors officers, agents or employers. In sax any suit or older
proceedings shall be brought again, the Purchaser, or its office., agents or employees at any time on 0ccofir l or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors art any of us or
their of rem, agents or employees in aforesaid, the Sella hereby agrees to resume the defense thereof and to
defend he same at the Sellers we expense, to pay any and all cos., charges, attorneys fees and Other expenses,
any and all judgmens, that nay be incurred by or obtained against the Parchater or my of its or their official
agens or employers in such wits or ohm proceedings and in case judgment or other tiro M placed upon m
Obtained still $e property of the Purchaser, or said patties in or n a result of such suits or other proceedings,
the Sella will at once canes the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his comments; shall sake 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 roles and regulations issued paramount thereto.
Revised 022014