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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9145753Fort Collins Date: 10106/2014 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9145753 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10106/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 City Attorney's Office Labor supplies and equipment to facilitate moving of furniture for renovation. Ref. Quote dated 1/17/14 and invoice #239220 7/10/14 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 5,330.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Titans and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax ammptiom. By,ftute the City of Pon Collins is exempt from sure and laal axes. Our Exemption Number is I I. NON WAIVER. 984 502. Federal Excise Tax Exemption Carfcam of Registry 84fi000587 is registered with the Collator of Failure of the Northeast to insist upon strict pert antt of the tams, and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sautes 1973, Chapter 39-26, 114 (a), exercise tiny rights or remedies provided herein or by law, failure to promptly ratify me Sella in the event of a breach, the c,.a of or payment far goads hereunder or approval ofthe design, shall not micare the Seller of Goods Rejected. GOODS REJECTED due m failue m meet specifications, either when shipped or due to defects of any of the wer-outies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed m you for credit and are not to be replaced except upon receipt of written Parhmer to insist upon strict performance licamfor any of its rights or remedies as to any such goods, regardless instmClions Imm the City of Fort Collins. of when shipped, received or accepted, a to any prior or subsequent default hereunto, nor shall any purported oral modification or rescission of this puahau order by the Producer operate ns a waiver of my of the muss Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTE FRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However. it is to be understood that FINAL Seller and the Purchaser recognise that in actual ec is practice o acho e, reselling funs antitrust Von ACCEPTANCE is dependent on completion ofell applicable required inspection procedures, violations art in fact home by the Purf aser. Theretoforenforgood cause and a consideration for executing this purchase mi the Seller hereby assigns m the Purchaser any and all claims it may now hvve or hereafter Freight Teraas. Stipme.. must be F.O.B., Ciry of Fort Collins, 700 Wood Sr, Too Collins, CO 80522, unless acquired under federal or state antitrust lax. for such m<rchoul relating to fie particular goods or movie. oNerwise spirituel on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in Ibis purchase order. bill must accompany invoice. Additional charges for packing will not IN, accepted. Shipment Distance. Where manufacturers have distributing Points in varms pans of the country, shipment is expected from the nearest distribution paint to destitution, and excess freight will be daduaN from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permirs, certificates and licenses required by all applicable laws, regulations, ordinances and toles of fie sane, municipality, Iembary or polilicd subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further ,was 10 hold the City of Fan Collins harmless form and against all liability and loss Incurred by them by remain of an scanned or essablished violation of my such laws, regulations, oMinames, toles and ma,mammtt. Authonzatim, All panic to this contract agree that me representatives are, in fact, bona fide and possess full and om 1m authority to bind said parties. LIMITATION OF TERMS. This Pathos Order expressly limits are,wce to the temp and conditions stored herein set forth and any supplemeroary or additional mmrs and conditions annexed human or incoryommd herein by reference. Any additional or different teens and conditions proposed by seller are objected to and hereby rejeca d. 2. DELIVERY. PLEASE ADVISE PURCI [ASING AGENT immediately drawn camot make complete shipment m arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance must be elFe ral within the time stated] on the purchase order and the documents attached harem. No acts of the Purchssen including, without limitation, acceptance of Wnial late deli.mes, shall operate ae a waiver of this provision. In the event crony delay, 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 fir damages as a result of delays due ro arse, oat morwoubly famorable which are beyond its reasonable camrol and without its fault of negligence, such acts of Gard, acts ofcivil or military authorities, governmental prieunes, fires, trades, Rood, epidemics, was or not, provided that notice of the conditions causing such delay is given to the Purchases within five (5) days of the none when fie Seller first received knowledge thereof. In the event of my such delay, fie date of delivery shall be extended for the period eq.11. the time actually last by reason afhe delay. 3. WARRANTY. The Seller waran s that all goods, articles, materials and work covered by this order will confirm with applicable drawings, speificuu.s., samples mad/tar other descriptions given, will be fit for the purposes intended, and performed with the highest degree of core and rompnence in mandate with accepted standards for wank of a imilar mare. The Seller agrees to hold the purchaser hernlcss from any loss, damage or expense which the Producer may mlttr or incur on account of the Sellers breach of warranty. 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 of time as may be prescribed by law or by.the tams of my applicable war my provided by the Seller after the data of acceptance of the gads famished hereunder (acceptance not to he aureamnably delayed), resulting from imperfect or defective work done or materials fumished by the Sella. Acceptance or use of good by the Purchaser shall not omtimm a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the function, warranties or Summers, 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. 44 CHANGES IN LEGAL TERMS. The Purchaser may make changes no, legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any thanes to the mmrs, other man legal rams, including additions m nr deletions from the quantities originally ordered in me specifications or drawings, by verbal or women change order. If any such change idb cts me amount due or the time of performance hereunder, an equitable adjmrrmm shall be made. 6. TERMINATIONS. The Purehaser may at any time by writer change order, terminate this agreement m to my or all portions of the goods then not shipped, subject to any equitable adjustmom between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable fur any claims for omicipmed prefix tin the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such ed mantant be made in favor of the Seller with act to to my goods which art the Sellers standard stock. No soh termination small relieve the Purchaser or the Sella of any oftheir obligations a 1a my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH U.W. The Seller warrants that all good ,old hrremder shall have ban produced, sold, delivered and famished in tmct compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents ns 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 Sella agrees to indemnify and hold the Purchaser harmless from all apms and damages sufferd by the Purchaser as a at ardor Sellers failure an romply wiIb such law. 9. ASSIGNMENT. Neither party 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. I&TITLE. The Sella warrants fill, clew and umestncled title m the Puahasa for all equipment, materi des, and items fumhhad an performance of this agreement, face and clear of my and all ❑ens, restrictions, reservations, ,aunty interest encumbrances and claims aromas. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchmer directs the Seller to correct constitutional, or defcens, good by a data to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability a unwillingness to romply, the Purchaser may cause fie work to be performed by the mast expeditions means available to it, and fie Sella shall pay all costs assaiatN with such work. The Seller shall release the Purchaser and its contractors of any ria from all liability said claims of any future resulting from the performance of snch work. This rtlmse shall apply even in fie event of fault of negligence of fie party released and shall extend an the directors, oRcas and employees afmcb parry. The Sellers contmcmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, nuterial or process covered by lever, paten, rmdemark r copyright, the Sella shall indemnify and save beumless the Purchaser tram any and all claims for inGVareent by re sof the use of rich patented design, device, mafn nal or process in common. with the caal, end shall in indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such abrogation at my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or Ore intended use of the goods, is in such suit held to constimm infringement and the use of said equipment or pan is mjaireA, he Sella ,toll, au its own expense se and at its option, either procure for me Purchases the right to continue using said equipment or parts, replace fie more wiN submant ally equal but noninfringing equipment, or modify it so it becomes noninRinging. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupr, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or bovines, Ibis order may forthwith b, canceled by fie Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpmation ofthe agreement and the rights of all parties hereunder shall be amounted under and governed by the laws of Oa Stare ofColomdo, USA. The following Additional Conditions apply rely in rases where fie Seller is b perfarm wank hereunder, including fie services ofSellcrs Represenftive(s), on fie premises oforhrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in au of my acciden. damrction or injury to fie work mdror materals before Sellers final completion and aaeptince, complete fie work at Sellers own expense and to fie satisfaction of rate Purchmer. When materials and equipment are fi mimad by others for instillation or sanction by me Seller the Sella shall receive, Vinod, store mat and handle sae me site and became responsible mere for as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers camperwnon, including occupatim it disease beafu, to its employees employed on or in connection with the work coverW by Ibis purchase order, andNor to their dependents in accordance wit the laws of the state in which the work is to Ise done. The Seller shall also carry comprehensive general liability including, but not limited to, eomradml end automobile public liability insurance with bodily injury and death limi¢ of at least S300,000 to, any eve person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his mnuators, if any, to provide for such compression. and inamet Before my of the Sellers or his emlmcars employes shall des any work upon the premises of others, the Seller shall furnish the Purchaser with a cafficale that such compensation and insurance have teen provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such ceniicates shall specify the date when such compensation and insurance expires. The Seller about, that such compensation and insurance shall be maintained until after the entire work is completed and caepted. 19_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire rasponsibility and liability for any and all damage, loss or injury army kind or nature wha ssever to permits or Property caused by or resulting from me 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 or all of the Purchasers onicers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or Indira, and whether to persons or Papery b which the Purchaser may he par or subject by reason of my act action, nigh, omission or default oa the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchase, or its onicers, agents or employees at any time on account or by mason of any act. action, neglect, omission or default of the Sella of any of his contractors of any of its or their officers, agents or employees as, aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at me Sellers own expense, to Pay my and all costs, charges, mtana s fees ard other expenses, any and all judgments that may be incurred by or obtained against me Purchaser or my of its or thew officers, agents or employm in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of me Purchaser, or said parties in or as a mull of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety premutions, famish and install all gmrds necessary for the prevention of accidents, comply with all laws and regulations with signed to safety including, but without formation, the Occupational Safety ond Health Act of 1970 and all toles and regulations issued pursuant therero. Revised O7/2014