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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9147141Fort Collins Date: 12/05/2014 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9147141 1012 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: 12/04/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Police Services Teardown and remove furniture remove from room and rebuild once carpet is installed. Ref. quote # 41719 dated 11/5/14 per Tiffany Raulston Contact: Jared Heveran 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 5,266.00 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt fmm mile and local macs. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption CaniOcme of Registry 84-60e0581 is registered with the Collector of Failure of the Purchatia to hoist upon strict Performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Smmra 1973, Chapter 39-26, 114 (a). camma any rights or remedies provided herein or by law, failure m promptly notify the Sella in the event of breac), the acceptance ofor saymeal for good heremder or approval at design, shall oat release me Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due to defects of any of the was tic or obligations of this purchase order end shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not m be replaced except was receipt of wraen purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such gaol, regadlas instructions from he City of Fon Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any pro cred oral modification or rescission of this purchase order by the Purchaser operate as a waiver of may of the terns Inspection. GOODS are subject W me City of Fort Collins impaction on arrival. hereof. Final Acceptance. Receipt of me merchandise, services m quipment in response be this order tan result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collim. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchmga resulting brain antitrust ACCEPTANCEis dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchuser.Theretofore, for pod cause and as consideration for executing this purchase .,do, the Seller hereby msigm to the Purchaser may end sll claims n may now have or haircutter Freight Terms. Shipments most be ROD., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sure antitmt lax, for such overcharges relating to the particular goad or services otherwiae specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired by the purchases pursuant to cars purchme recent. bill must accompany advance. Additional charge, for packing will not be umrpted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuGctmers have distributing pointy in various pans of the country, shipment is Irme Purchaser direch the Seller to correct nonconforming or deductive goods by a dam to be agreed upon by me expected from the nearest distribution point to declination, and excess freight will he deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by rise most expeditious means available to it, and We Seller shall pay all crick, ms0ciatal with such work. Permits. Seller shall procure at sellers sole cost all aecasary Past certificates and licenses required by all applicable laws, regulations, advances and roles of the state, municipally, territory or political subdivision where The Seller shall release the Purchaser and its contractors of my her from all liabiliy and claims of any nature the work is performed, or required by any other duly ematimted public authority having jurisdiction ova the work resulting from the perfomhmce of such work, of vendor. Seller further agrees to hold the City of Fort Collins harmless from unit against all liability and loss incurred by them by reason of an mserted or established violation of any such laws, Tai n atmns, ardinances, roles This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements, direct.., affairs and employees 0fmch puny. Authorization. All fortis to this contract agree that me representatives are, in NO. bons fide and possess full and complete authority a bird said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the soma and conditions moral barn sir forth and any supplema imy or additional terms and conditions annexed berem or max,omted herein by reference. Any additional or different terns and condiumas p,.,eed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as rated. Time is of me factors. Delivery and performance most be effected within the time stated on the purchase order and the docume ds attached harem. No acts of the Purchasers including, without limitation acceptance of genial lie deliveries, shag operate as a waiver of Wis provision. In We event of any delay, the Purchaser shall have, in addition Ira .,her 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 for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military nuWorida, governmental priorities,[ s, strikes, flood, epidemics, war, on, riots provided that more of the conditions timing soh delay is given h the Purchaser withn five (5) day, of the time when the Seller first received knowledge thereof 1. the went of any such delay, the Jute of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. no Sella warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specificauom, samples =Nm other descriptions given, will be fit for tbe purposes intendal, cad pert ed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold me purchaser harmless from any loss, damage at expense which the Purchase, may sofa or incur oa account of the Sellers breach of wmvmw,. The Seller shell replace, repair or make good, without cast to the purchaser, any detach 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 wartany provided by the Seller alter the date of acceptance of the goods fumuhed hereunder (acceptance tut to b, umcasooubt, delayed), vaullwg fmm imperfect a defective work done or mmerick f ished by the Seller. Acceptance or use of goods by the Purchaser shall not consider a waiver of any claim under this watrenly. Except m otherwise provided in this purchae under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing measures or guarantees, but such liability shall in no event include loss of profit, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may not changes to legal terms by minen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tests, other than legal lens, including additions to or deletions from We quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change.@cm amou nt unt due or the time of performance hereunder, an equitable adjustment shall amade. 6. TERMINATIONS. The purchaser may at any time by warm change order, terminate this agreement as to any or all poniom of We goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progn ss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gas andfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which we the Sellers standard stock. No such termination dull «live the Purchaser or the Sella ofany oftheh obligations we to any goods deliveml hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that ell good sold hereunder shall have based produced, sold, delivered and famished in strict compliance with all applicable laws and regulaiom m which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect erevidence compliance. All laws and regulations required babe ncorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a recall of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neimer party shall assign, tremfer, or convey this order, or any monies due or to become due Eeteunder without me prior woven cement of me other parry. 10. TITLE. The Seller worm us fill, clear and unrestricted title to the Purchaser for all equipment, materials, and items furshixhed in performance of this agreement, fro and clear of any and all Item, mtrictiom, reurvetiom, security interest encumbrmca mall clams ofothers. The Sella's contractual obligations, including warranty, stall not be deemed to be reduced, in any way, because such work is performed or cooked to be performed by We Purchase, 14. PATENTS. Whenever the Seller is required m me any design, device, material or process covered by lever, pwoul, trademark r copyright, the Sri a shall indemnify, and save harmless the Purchaser Gom any and all claims for infringement by remora of the use of such pubated design, device, material or process in correction wise the contracq and shall indemnify the pareRsser far any cost, expense m damage which it may fe obliged m pay by mason of such infringement at any time during tbe pnaecution a after the completion of the work. In case said equipment, or any pan thereof or We intended me, of the Saudis, is in such suit held to consulate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGhnging. 15. INSOLVENCY. If the Seller stroll became insolvent or bmhkmph make an assignment for the benefit of creditors, appoint is receiver m trustee far any of the Sell. property or business, this order may forthwith he cancelal by the Purchaser without liability. 16. GOVERNING LAW. The defnilions of team men or me interpretation ofine agreement and the rights of all parties hereunder shall be comuued under and governed by the Gws of the Some ofColmoult USA. The following Additional Conditions apply only in rases where me Sella is to perform work hereunder, including the services ofSellm Repreunative(s), on the premises ofodums. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, dabuction an injury to the work anNor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to me sztisfaaim of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seiler. me Seller shall radve, .104 show and handle same at the site and become responsible he, for as Waugh such materials an&or eqr imam were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers eump so mion, including occupadooal disease benefits, to its employees employed on or in connection with the work coverts by Wis purchase order, anNor to their dependents in accordance with the laws of the some in which the work 6 to he done. The Sella shall also tarty comprehensive general liability including, but not limited to, commercial and automobile public liability i ourance with bodily injury and death limits of or last S300,0 ) fir any one person, E500,0r0 for any one accident and property damage limit Per accident of S40R000. The Seller shall likewise require his orators, if any, to Provide for such cion,maxamon and insurance. Before any of the Sellers or his contractors employees shall all any work upon the pmmisa of others, the Seller shall furnish the Purchaser wild is certificate that such compemmion and insurance have been provided. Such arificates shall specify, me date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnue expires the Sella agrees her each compensation and imrrance shall be mainained until afar the ¢mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby, assumes me entire responsibility and liability for any and all damage, loss or injury ofmy kiM or nature whatsoever to persons or property caused by or mulling fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess 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 or property m which the Purchaser may be put or subject by remain of any act, action, neglect, omission or default on the put of me Seller, any of his controut or coy of the Sellers or contractors officers, agents or employees. In rase troy suit or other p xibudings shall be brought against the Purchaser, or its afters, agents or employees at any time on account or by =son of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents err amployas as aforesaid, me Sella hereby agrees to assume me defame thereof and to defend the same at the Sellers own expense, to pay any and all cmh, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained almost me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against the propmy ofthe purchaser, or said parties in or as a result of such suits or other prrsexam s. me Seller will at once come me same to be dissolved and dischergal by giving bard or otherwise. The Seller and his contractors shall take all safety precautiom, fmish and immll all guard naessary for me prevention of accident, 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 pursuant thereto. Revised 07n014