HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9146999PO
PURCHASE ORDER 914699er Page
City. of PURCHASE
46999 1012
Flirt Collins( his number must appear
V`I ` V " 1 1 on all invoices, packing
sli s and labels.
Date: 11/28/2014
Vendor: 501351 Ship To: RECREATION DIVISION
WORKSPACE INNOVATIONS LTD CITY OF FORT COLLINS
4414 E HARMONY RD SUITE 100 215 N MASON
FORT COLLINS CO 80528 FORT COLLINS CO 80521
Delivery Date: 11/28/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
office furniture 1 LOT LS 2,627.58
ref, quote # Rec Lab
dated 11/4/14
contact: Jennifer Harvey
ph# 970-221-6848
"` Please call to coordinator delivery and set-up. "
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
Pay terms net 30 days
Invoice Address:
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 exempsimss. By statute the City of Fan Collins is exempt from state and local taxes. Ou Exemption Number is
98-04502. Fdeol Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Imam.) Revenue Denver, Colorado (Ref. Colorado Revised So mes 1973, Chapter 39.26, 114 (a).
Good R jested. GOODS REJECTED due to failureW meet specifications, either when shipped or due to defects of
damage in transit, may be mumd as you fen credit oral are mat to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Inspection GOODS are subject to the City of Fiat Collins inspection oa arrival.
Final Acceptance. Receipt of We merchandise, services in equipment in response to this order can result in
authorized payment on the pan of the City of Fan Collins. Howevcq it is to be undmtod that FINAL
ACCEPTANCE is depend., upon completion of all applicable required inspection pmeadmes.
Freight Temp. Shipments most be F.G.R. City of Fort Collins, 700 Wand SL, Fan Collins, CO 80522, unless
otherwise speeifal on this order. If permission is given to prepay freight and charge sepan ely, the original freight
bill most accompany invoice. Additional charges for packing will or be accepted.
Shipment Distance. When manufacturers have distributing pawn in von us puts of fr country, shipment is
expected fmm We reareu distribution point to destination, and excess freight will be ddussd from Invoice when
shipments are made r mgreatet dommax.
Pemds. Seller shall procure at sellers sole cos' cell necessary panits, certificates and licenses requird by all
applicable laws, regulations, ondinam es and rules of the same, municipality, notion, or political subdivision where
the work is Performed, or required by my other duty canstiruted public authority having jurisdiction over We work
of vendor. Seller further agrees 1. hold the City of Fort Collins bmml¢s lions and 'gainer all liability and loss
incurred by form by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authentication. All parties to this contract agree flat the npresenmtivas are, in East, bum fide and possess full old
complete authority to bind said panics.
LIMITATION OF TERMS, This Pumhase Order expressly limits acceptance in the terms and conditions stated
herein set Posh and my supplementary or additional ems and conditions annexed herein or mainpomted herein by
reference. Any additional or different to. and conditions proposed by seller are objected to and hereby ejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiately if you cannot make complc'e shipment to amve an yauf
promised delivery date as noted. Time is ofthe assent. Delivery, and Performance must be effected within the time
sorted oa the Purchase order and the document attached hmlo. No mats of the Purchasers including, without
Indianan, acceptance ofpmial late deliveries, shall operator as a waiver of Bars provision. In We event of any delay,
the Purchaser shall have, in addition to offer legal and equitable remdox. the option of placing'his Order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages Or a result of delays
due to causes not reasonably funseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, sets of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wen car
(lots provided that entice of the radnlmes musing such delay is given 10 We Purchaser within five (5) clay' of the
time when the Seller first rmeivrd knowledge thereof. In the event of any such delay, the data of delivery shall be
extended for the pond eqml to the time actually lost by crown of the delay.
3. WARRANTY.
The Seller wmrann that all goad, articles, mmenals ark work covered by this order will conform with applicable
drawings, specifications, samples cadior other deuriptions given, will be fit for the Proposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
miler re. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
similar
natu
ncb:uer may suffer or fcuc on.cement of fe Sellers branch of warmty. The Setter shall replace, repair or make
good, wihout cart to the purchaser, my defers, or f In arising within one (1) year or within such longer parried of
time as may be prescribed by law or by the terms of my applicable warnnry provided by the Seller after the date of
acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperial
or defective work done or mmerials famished by fe Seller. Acceptance or use of goals by the Purchaser shall no,
combine a waiver of my claim under Rus warenry. Except as otherwise Provided in this purchase order, the Sellers
liability hereundm shall extend to all damages pcomandely mount by the branch of my of the foregoing wmmsies
or resources, but such liability shall in no event include loss ofpofia or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pushasm may make changes 1. legal Icmn by written change math
5. CI IANGES IN COMMERCIAL TERMS.
The Purchases may make any changes to the terra, other than legal erns, including additions to or deletions from
We qumrincs originally ordered in the sped fund. or drawings, by vedsal ma written change order. If any such
change aRects the amour, due or the time ofperformame actua , an equimble sdjusment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate This ngrtemear as to any of all portions ofthe
goods then not shipped, subject to my equitable adjustment between the patties as to my work or materials fen in
progress provided that We purchaser shall not be liable for my claims for anticipated Profits on the uncompleted
portion of the goods and/or work, far incidental or cortsequ mbid damages, and Nat no such djus'mem he made in
favor ofthe Seller with respect to any goad which are the Sellers standard stock. No such ormamalimn shall relieve
the Purchaser or the Seller ofany affair obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assenad within fifty, (30) days tram the date dies change at termination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller winners ens that all good sold lortundet shall have been produced, sold, delivered and Banished in strict
compliance wiW all applicable laws and regulations In which We 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
incorpoomd in agreements of'his character are hereby incorporated herein by this reference. The Seller agrees to
iMemaify and hold the pmchsser harmlm from all corn and damages suffered by the Purchaser as a result of the
Sell, failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mnsfer, or convey this order, or any marries due or to become due hereunder without the
prior wrinm consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to We Purchases for all equipment, materials, and items famished
in Performance of this agreement, free and clear of my oral all lien, resonances reservations, security barred
mrhwm ces ud claims of odors.
11. NON WAIVER.
Failure of the Punhaur to insist upon strict perfurmmre of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in she event of a
breach, the mcepmee ofor payment for %ands hereunder or approval ofthe design, shall Out release she Seller of
any of We warmntie or obligations of do, purchase maker and shag not be demd a x'aiver of my right of the
Purchaser to insist upon strict performance herrofor any of its rights or remedies os fo.1 such good, regardless
of when shipped, received or ucccpd, an to my prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase Omer by she Purchaser opeatc as a waiver of my of the eons
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser owagaise that in octml economic practice, overcharges resulting fmm antitmst
violations are in fact borne by the Purchase. Theretofore, Theretofore, forgoodcause and as consideration for executing this
purchase order, the Set]- hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquits under, federal Or state antitrust laws for such overcharges cawing m the pmimlar goods or service
purchased in enquired by the Purchaser pursumt to this purchue order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the, Purchaser directs tbe Seller to correct nonconforming or defective good by a date to be agreed upon by We
Purchaser and dies Seller. and chic Seller Weaa er indicates in inability Or unwillingness 10 comply, the Purchaser
may cause the work la be perfomod by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall a laau she Purchaser and in contractors Of any her four all liability and claims of my nature
resulting from the performance afsmh work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, ofcers and employees of such party.
The Setters co.rial obligations, marinading warranty, shall Out be demal to be reduced, is my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Srllm u required to use my design, desire, material Or process covered by Imes,, paten. todemark
Or wPyrigh. fe Sell. shall indemnify and save hamsless the Purchaser from any and all claims for infringement
by reannor of the use of such patented design, device, material or pone in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason nfsuch
infringement at any time during he prosec,ion or afar the completion of she work. In case said equipment, or
any pan fereaf or the intended use of the goods, is in such suit held to conatione infringement and the use of
said equipment or pan u mjoind, the Seller shall, at in own expense and al in option, eider pmcure for chic
Purchaser the right to continue using sad equipment or pans, replace the same with substantially agml but
noninMnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shot[ become hadvem or hankmp, stake an assignment for the benefit of creditors, appoint a
or come, for any ofthe Sellers pmpery or business, this order may foMwith be canceled by We
Purchaser without liability.
16, GOVERNING LAW.
The definitions ofterms used Or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
tnswed ender and governed by the laws off. State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is as pvdbrm work hereunder,
including the services of Sellm Represcrami rds), on the pemisess of adders.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall,
in u of my accident. destmeti in or injury to the work anchor materials before Sellers final completion and
acceptance, complete the work car Selleh own expense and to the satisfaction of We Purchaser. When mammals
and equipmen' me famished by often for im illation or cection by tha Seller, the Seller shall receive, mdoad
start and handle same m the site and become responsible therefor as dough such materials cadior equipment
were being famished "a Seller under the order.
18. INSURANCE
The Seller shill, at his own expense, prosida for chic payment of work, compensation, including accupnfiowl
disease benefits, to its employees employed on or in comretion with the work coveted by this purchase under,
andror 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 deaf limits of as least S300,0)dq for any one person, S500,00o for any
one accident and property, damage limit per accident of S400,1100. The Seller shall likewise fequin his
tmrdeton, if my, to provide for such compensation and insurance. Beth my of fr Sellers or his contractors
employees shall do any work upon the premises of oft, the Seller shall famish the Purchaserwith. certificate
that such compensation and insurance have been provided. Such rertificates stall specify the time 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 computation and imurmce shall be maintained until after We
entire work is complaint and usurped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes We anie respossibilily add liability far any and all damage, lass or injury of my kind
in micro whatsoever to person or property caused by in resulting fmm do execution of the work providd for in
this purchase order or in comltion hmwuh. The Seller will indemnity and hold harmless the Puehascr and any
r all of the Purchasm officers, .gents and employees from end against any and all claims, lasses, damages,
charges or expenses, whufc, direct or indirect, and whether to persons or property m which the Nochoser may
be put or subject by reason of my m. ration, neglect, omission or default on die pan or the Seller, any of his
mvfnctars, or my of the Sellers or contractors Officers, agents or employees. In use my suit or offer
Proceedings shall be brought against the Panama, or its oflicm, agents car rmployas 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 Of its or
their offlcm, agents or employees as aforesaid, the Seller hereby agrees to assume she defense thereof anal to
defend the soma .1 the Sellers own exp yawn. to gay any and all corn. charges. aromcys fees and under excesses,
my and all judgments that may he incurred by or obtained against she Purchase in my of its or their oRem,
agents or employees in such suit or other proeedirap, and in use judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said ponies in or as a result of such suits or ofor proceedings,
We Sella will at ... r cause the same to be diswKsai and discharged by giving bond or otherwise. The Seller and
bass characters shall inke all sufary Precautions, bunch and install all guard .aess.ry, for the precaution of
accident. comply with all laws and regulations with regard in safety including, but without limintion, the
Occupational Safety and Health Ao of 1970 and all males and regulations issued prrsuml thereto.
Revised 07,2014