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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9147000PURCHASE ORDER PO Number Page City, of PURCHASE 9147000 1 of 2 ' `t CollolI Ins This number must appear ` on all invoices, packing sli s and labels. Date: 1112812014 Vendor: 102722 Ship To: CITY ATTORNEY OFFICESCAPES SCOTT RICE CITY OF FORT COLLINS 4950 S COLLEGE AVE SUITE A 300 LAPORTE AVE FORT COLLINS CO 80525 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/28/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price i Office Furniture quote 41744 1 LOT LS 7,801.23 dated 11/13/14 Contact: Jennifer Harvey ph# 970-221-6848 " Please call to coordinate delivery and installation " 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.00m Total Pay terms net 30 days Invoice Address: .23 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIfS. Tax exemption. By starute the City of Fort Collins is exempt than state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificuu of Registry 84-6000587 is registetd with the Collector of Internal Revenue, Driver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Gaud Rejrotd. GOODS REJECTED due to failure to or specifications, either when shipped or due m defut of damage in transit, may he resumed to you for credit ard are tint m be replaced except upon rmeapt of wriuen instructions from the City of I. Collins. Inspection. GOODS arc subject to the City of Fort Collins; impation on arrival. Fiml Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in authorized payment an the pan of tbe City of Fort Collins. However, it is to be understood Nat FINAL ACCEPTANCE is dependrnt upon completion of all applicable required i arection procedures. Freight Terns. Shipments must be F.O.B., City of port Collins, 700 Wood St, Fort Collins, CO 80522, unless mo rwim specified an this order. If porm a,mur is give. to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whom manufacmress have distributing points in somous parts of the country, shipment is expected from the nearest distribution Point to datinmion, aud excess freight will be dairard from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permit, certificates and licemes required by all applicable laws, regulmiores. Whifinees and riles of the state, municipality, annual or political subdivision when the work is performed, or ramird by any other duly constituted public authority havingjunsdiction ova the work of vendor. Sella banter agrees to hold the City of Fort Collins harmless fmm and against all liability and lass rtan as ed by [hem by reason of asserted or established violation of any such laws, regulations, ordinances, rules incurred ra regniranms. Authorisation. All Tani. to Wit contra, agree but the r rriummerive, are, w fact, bona fide and possess full and complete authority to bind said Tani.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by refefina. Any mdditiowl or different it=ad coudoiam proposed by seller are objected to rand hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedivuly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ordw essence. Delivery and performance must be effected within the time stated on the purchase order and the documents, smahed hereto. No acts of the Purchasers including, without lim onion, acceptance of partial late deliverea, shall operate m a waiver of thrs provision. In the event ofany delay, the Purchaser shall hove, in addition to other legal and equitable mordirs, the option of placing this order elsewhere and holding the Sella liable for damage. However, the Sella shall not be liable for damages as a result of delays due w causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act of God acts Of civil or military authorities, gnvemmenml prierilies, fires, strikes, Brad, epidemics, wars or riots provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days of the time when We Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be exteded for the Period road to dw time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrant that all good, micl., materials and work covered by this order will conform with applicable drawings, specifications, sample, and/or other downpours, given, will be fit for the, purposes intended, and performed with the highest degree of more and competeae in accordance with acrcptd stadmds fen work of a similar namre. The Seller agrees to hold the purchaser hmmlems four any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of oomo nry. The Seller that replace, repair or make god, without cost to the pumbaseq my defect or faults arising within one (I) year or within such longer period of time as may be pracribed by law or by the terrns of any applicable warranty proNdcd by the Seller after the date of cooperate of the goods famished hereunder (accep once not to be communist delayed), resulting fmm imperfect or defective work done or materials Bimodal by the Sella. Arccptarar or tee of goad by the Purchaser shall not mnstimse a waiver of my claim under this warranty. Except as otherwise provided in Was purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrannow or guarantees, but such liability shall in no event include loss of profits or loss of tare. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by women change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, order than legal terms, including additions to or deletions from the quamitirs arigundly ordeal in the specifications or drawmgn, by wood of woman change order. If any such change affect the amount due or the time ofperformmce hereunder, an quitable 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 tire good then not shipped, subject to any equitable djuament between the parties as to any work or materials then in pmgr.s i mvaded then the purchaser shall not be liable for my claims for anticipated profit an the ancampleted portion of the goad and/or work, for incidental or consequential damages, and that no such dlimurn m be mode in favor of the Seller with Impact to any Good which an the Sellers standld stock. No such nomination shall relieve the Purchaser or the Seller ofany Of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djnstmml mat be .ssrted within thirry (30) daya fmm the date the change or rumination or ordered. 8. COMPLIANCE WITH LAW. The Seller warren. that all good sold heuunda shall have been produced, sold, delivered and famished an strict cmnpliamc with Bit applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such daumsns. maybe nquird To rifts or evidmee compliance. All lass And regulations required to be incoryaured an agrtement of this character au hereby incoporated herein by this reference. The Seller ogre. to indemnify and held the Pmchaser harmless; from all costs and damages saQerd by the Purchaser as a result ofthe So[]. failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall sign, nansfa, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The ScHor wamnt full, clear ad inconsonant rule to the Purchaser, for all amparrmU, materials, and items famished in perform of this agreement free and clear of my ad all licas, restrictionsresns, , ervatiosmmily interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to usist upon strict performance of the terms ad conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to Promptly notify the Sella in the event of a breach, the acceptor( of or payment for goads hereunder or approval cribs design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of red panel mer to insist upon strict Performance hermfor any of its rights or remedies in to any such goods, regardless of wbm shipped, received or accepted, as to my prior or and scqurnt default havauda, nor shall any purported and mdifrcalmn or rescisamn of thus purchase order by the Purchaser operate az a waiver of my of the Uerms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchase recognim Thal in actual economic pumice, overcharges resulting fmm antiunst violations sm m fact home by the Facilities. Theretofore, for good roux mud as cunsidcntioo for smading Wit purchase ordea the Seller hereby assigns to be Purchase, any ad all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goads Or services purchased or acquired by the Purchaser pan., to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. How Purchaser directs the Seller to career nonconforming or defective gods by a date to be agreed upon by the Purchater and be Seller, and the Seller thereafter indicates its inability ce unwalibrgness to comply, the Purchaser may, cause the wink m be performed by the most expeditious means available m it, and the Seller shall pay all costs unwashed with such work. The Sella shall relrase the Purchaser ad ins contrmlors of my or, from all liability ad claims of any namre resulting from the perch once ofmch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, .file. and employees match party. The Sellers emotional obligations, including warranty, dull not be deemed to be reduced, in any way, because such work is performd or caused W Is, pedbrtad by Ube Purchases. 14. PATENTS. Whenever the Seller is srquind to use any design, device, material or process covered by letter, Patent, Trademark r copyright the Sella shall indemnify and save ha raless the purchaser from any and ell 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 to pay by reason of such infringement at any time during the persecution or toner the completion of the work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held to counu fie infringement and the use of said ry.i,.t or pan is enjoined, the Seller shall, at its own eapeme and at its option, either procure far the Pumbaza the right to continue mang said muipment or pent, replace the same with substantially equal but noninMnging e9uipment or mdiry it too it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hammupl, make an assignment for the bmeSt of creditors, appoint a reficiver or uustre for my of the Seller property, or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions of terms used or the inurpremtion ofthe agreement and the rights of all parties hereunder shall be omtrued under and governed by the tws of the State ofColormdo, USA. The following Additional Conditions apply only is cos. where the Sella u to perform work hereuuder, including thesmices Of Sellers Represmudoe(s),w be premiss craniums. 17. SELLERS RESPONSIBILITY. The Sella shall any an said work at Selors own risk until We more is fully completed and comptaf and shall, in fat of my accident destruction or injury to the work mail materials before Sellds final completion east mumpuntt, complete the work at Sellers own expense and W the satisfaction of the Ptuch.a. Whan nationals and equipment are famished by others for inundation or erection by the Sella, the Seller shall raeive, Orford, score and handle same al the site and become responsible therefor, as though such materials and/or isimprimt were being famished by the Seller mrder the order. 18. INSURANCE. The Sella shall, at his own expense, provide for Use payment of workers comenermaticin, including occupational disease bents, to its employees employed on or in connection with the work covered by this I tuchau oMet, and/or to their dependents in accordance with the laws of the state in which the work is to be Bona The Seller shall also carry compref nsive general liability including, but not limited to, committal and automobile public liability insurance with bodily injury and death limits ore least S300.0oo for any one person, 5500,000 far any one accident and pmpsrty damage limit pa hoiden, of S400,W, The Seller shall likewise require his contractors, irony, to provide for such comper nation and Interstice, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenl5cale that such compensation and insurance have ban provided Such cenifcates shall specify the date when such compensation and imuranee have been provided. Such ttnaficats shall specify the date when such compenation and mmrarme expires. The Sell. agrees that such comperuatioo ad insurance shall be rmfuimd until afta We entire work is exmplaed and erupted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire rr,mosibalary, and liability for any and all damage, loss or injury of my kind or namre whatsoever to persons or property, caused by or resulting from the execution ofthe work pmvaded fw in Was purchase order or in connection hetewith The Sella will indemnify anal hold harmless We Porchmer and any r all of We purchasers officers, agents and employees firm ed against my ad all claims, lasses, damages, charges or expenses, whether direct or inbred, and whether W persons or property, to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or dramit on the pan of the Seller, any of his ontractor, or any of the Sellers or contractors officers, agent or employees. In case my suit or other procodings shall be brought against be Porcbaza, or its officers, agents or employees at my time on xso. or by reason of my act, arm., neglect, omission or default of the Sella of my of has comunors err any of tots or their officers, agent or employees as aforesaid, We Seller hereby agues to sera the defense hermf and 10 defend the some at the Sellers own expense, to pay any and all coals, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or Ohmura! against the Purchaser or my of is or their Officers, agents or employees fa such suits or other praredmila. AM in case judgment or other lim be placed upon or Obtained past the property of the Purchaser, or said parties in re as is result ofavch suits or Other proceedwgs, the Sella will at once cause the same to be diswh M and discbmged by giving hood Or oNerwau. The Sella ad his contractors shall take all safety Formations, famish and inamll dal guard nec.mry 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 rules and regulations issue pursuant thereto. Revised O'/(1014