HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9147257Fort Collins
Date: 12/09/2014
Vendor: 102722
OFFICESCAPES SCOTT RICE
4950 S COLLEGE AVE SUITE A
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9147257 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/08/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Invoice #3094 Wellness Center
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 2,074.0800 2,074.08
Total
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
I. COMMERCIAL DETAILS.
Tax exemptions. By stature the City of Fan Collins is exempt from state and local axes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-(A00582 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Socum 1973, Chapter 39-26, 114 (a).
Goods Rq=tad. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defect, of
damage in haasit may be, removed to you for credit and we not to be, replaced except upon re cipt of wdueru
instructions from the City effort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, variety or ecuipmrnt in response to this order can
rewlt in
suthodzed payment oa the pan of the City of Ion Collins. However, it is to be =derstood thmFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fan Collins, CO 80522, unless
atherwiu specified on this order. if pamission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not he rucepted.
Shipment Distance. Whem mawifacmrtrs have distributing points in various pans of the country. shipment as
expected from me newest distribution point to absorption, and excess freight will be deducted from Invoice whim
shipments are made from greater d lowas
Permits. Seller shall procure at sellers sale coal all naesszry permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly amotimm l public authority having jurisdiction over the work
of vendor. Seller father agrees to hold the City of Few Collins harmless from and against all liability and loss
incurred by than by reason of in asserted or established violation of my such laws, regulations, andirons, calls
and requirements.
Andwarzatim. All ponies to this contract agree that the remesenafives an, in fact bona fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits wceptmce.to the terms and conditions stated
herein set forth and any up,lemeatary of additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot nuke complete shipment to ounce on your
promised delivery date as wiled. Time is of Ne eauna. Delivery and performance must be eRected within the time
sated on the purchase older and the documents attached hereto. No acts of the Purcbasas including. withom
limitations acceptance of,nial late deliveries, shall opmre as a waiver of this Provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable rmedics, the option of placing this older elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays
due on causes or reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, ems of civil or military authorities, govemmawl priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing soh delay is given to the Purchaser within five (5) days of the
time when the Seller firat received knowledge thereof. In rise event of any such delay, the date of delivery shall be
extended for the partial equal ra the time wholly Ins, by mason of the delay.
3. WARRANTY.
The Seller warrants flat all goods, articles, materials and walk coverts by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
perfumed with the highest degree of care and compromise in accordance with accepted standards For work of a
imlla, name The Seller agrees ha hold the purchaser harmless Gam any but, damage or expense which the
Purchases may suffer or incur on account of the Sellers breach of w'aranty, The Seller shall replace, repair or make
gnat without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
fine as may be, prescribed by law w by the terms of any applicable warranty provided by me Sella after the date of
acceptance of the goods fumiahed hereunder (accepanae cif as be wrmsombly delayed), resulting floor imperfect
or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchnser shall not
rearing, a waiver of my claim order this vormanty. Except as odrerwdse provided in this smcbave older, Be, Sellers
liability herawler shall extend to all damages Proximately caused by the breach of any of the farrgmng wommie,
or grammces, but such liability shall in no event include loss afpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes ha legal terms by women change older
5. CHANGES IN COMMERCIAL TERMS.
The Praclawer may make any changes to the terms. other than legal terms, including witio oes ha or deletions from
the quantities originally ordered in the specifications or drawings, by vetbel or women change older. If my such
change affix. the amounr due or the time aflterhwwvc hereunder, an es, imble adjustment shall be made.
6. TERMINATIONS.
The Purchaser way at any time by wren change order, terminate this agreement as on any or all pinions of the
grinds then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anlicipamd profits oa the uncompleted
portion of the goods andfor work, for incidental or consequential damages, and that no such adjustment b, made in
favor ofthe Seller with aspect to any goods which are the Sellers standard stock No such two inatian shall relieve
the Purchaser or the Seiler ofany ref Neb obligations so to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the dale the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller ..is that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable taws and regulations to which the gals are subjaL The Seller shall execute and
deliver such don mends as nay he r movil w effect or evidence compliance. All laws and regulations rrquirW to b,
incorporated in agreements of this character one hereby incon mated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all msfs and damages suffered by the Pumbasa as a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior He. cawad ofthe .,he, party.
10. TITLE.
The Seller warrants full, rear and unrestricted title to me purchaser for all equipment materiak, and it. famished
in performance of Nis agreement, file good clear of my and all lime, mtnctions, reservations, security interest
=cumbrances and claims of alders.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
cicurcisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, e the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the ..it. or obligations of this purchase orda red shall not be decimal is waiver of any night of the
purchaser to insist upon short performance hercu for any of its rights or numerals as to my such goods, rcgaldless
of when shipped, received or accepted, w to any prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase older by the Purthaset operate is a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual warroarnic pmctin, overcharges resulting from antitrust
violations are in file[ home by the Purchaser. Thermopile, for gaud muse and as consideration far examing this
pochase older, the Seller hereby assigns to rise Purchaser any and all claims it may now have or hereafter
acquiml un to fkml or ante -,a., laws for such overcharges orating to the pwrialar goods or services
purchased or acquired by the Puchaset pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direca the Sella to correct nonconfrmdng or defective goods by a date so be agreed upon by the
Pocbnver and the Seller, and the Sella fierafier indicates its inability a, unwillingness to comply, the Purchase
may taus the ..,it to be performed by the most expeditious means available to it and the Seiler shall pay all
costs associated with such work.
The Seller shill release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend b the
directors, of rwas and employees of,.h puny.
The Sellers contrustml obligations, including watmnry, shall net be d=med to be reduced, in my way, because
such work is performed or caused to be perforated by Ne Purchase,
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by later, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use or such patented design, device, material or process in coma riot with the contact, and
shall indemnify fix, Particular far my cost expense or damage which it may he obliged to Pay by rain ofsuch
infringement at my time during the prosecution m after the completion of the work. In call mid equipment, or
any pan thereof or the intended use of the goods, is in such suit held to catering, infringement and the use of
said equipmen, or per, is enjoined, the Seller shall, at its own eaperese and to its option, either prwmre far the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringit, equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make as assignment far the benefit of creditors, appoint a
receiver or trustee for any of the Sellers propmy of business, this order may forthwith be canceled by the
Pumhasa without liability.
16. GOVERNING LAW.
The definitions of terra used or the imerprtation ofthe agreement and the rights efall panics hereunder shall IN
consuued under and governed by the laws of the Sate ofCalomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represemative(s), on the premises of whets.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellars own risk =al the mine is fully ex mple ed and accepted, out shall,
in use of any accident destruction or injury to the work larger materials bet Selle s final completion had
acceptance, compli tr the work at Sellers own expense and to the satisfaction of the Purchauo. When nuteriah
and equipment we famished by others for installation or erection by the Sella, the Seller shall receive, unload
share and handle same at the site and become mponsible therefor ss though such materials andor equipment
were being fumuhed by the Sella under the coder.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation including occupational
disease bemGts, to in employees employed on or in connection with the work covered by this purchase order,
mNor to their dependence 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 W. mnoacnul anal automobile public
liability insurance with bodily injury and loth limits of at least $300.000 fur any case person, $500,000 for any
one accident and property damage limit per accident of S400,00 ). The Seller shall likewise require his
altimeters, if=y, to provide for such campensamen and insurance. Before any of the Sellers or his contractors
employes shall do any work upon the prrmim of others, the Seller shall famish the Purchaser with a rroifica[e
Out such compemmion and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance espima The Seller agrees that such amparodion and insurance shall be mainnined until one, the
entire work is completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the =tire responsibility and liability fur my and all damage, loss or injury ofany kind
remit whatsoever to person or popery caused by or resulting from the execution ofdu work provided for in
this purchase order or in connection herewith. The Sella will indemnify W hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees tom and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether ha persons or property to which the Purchaser may
be put or subject by reason of any rot, action, neglect, omission or default on the par of the Seller, any of his
contractors, or any of the Sellers or commwors of ews, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on seem=, or
by main of my act action, neglect, omission or default of the Seller of any of his =nmctors or any of its or
Nei, mf orro, agents or employees u afamsaid, the Seller hereby agrees to assume the defense thet=f and to
defend the same at the Sella own expense, to pay my evil all costs, charges, aromeys fees mtd whir expenses,
any and all judgment, that may Ile incurred by or obtained against Ne Potchaser or any of its an their of rers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained Word the property, offing Purchaser, or said parties w or as a mull of such sells or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or oNerwise. The Seiler and
his contractors shall take all safety precautions, f ash and instill all go" necessary for the prevention of
accidents, comply with all laws and regulations wild regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pa xumt thereto.
Revised 07n014