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HomeMy WebLinkAbout131163 ADECCO TECHNICAL - PURCHASE ORDER - 9103563 (3)City of art Collins Date: 03/31/2011 PURCHASE ORDER Vendor: 131163 ADECCO TECHNICAL 300 E BOARDWALK BLDG 6 SUITE A FORT COLLINS Colorado 80525 PO Number Page 9103563 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 07/12/2010 Buyer: ED BONNETTE Note: PER P1081 TEMPORARY PERSONNEL SERVICES (TECHNICAL) CONTRACT WITH ADECCO TECHNICAL. Line Description Quantity UOM Unit Price Extended Ordered Price 7 TEMP NANCY ANDERSON SOFTWARE COMPLIANCE SPEC 1 LOT EA P1081 Temporary Personnel Services - Technical Support - Adecco contract. Added per M.Carr email dated 3/31/11. -ECB City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 45,000.00 Total 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 statute the City of Fort Collins is exempt forma state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. FedmI Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failom of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hncunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mmmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default herenndeq nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scrviea or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nuthnrized payment on the part of the City of Fort Collins. Howevca it is to be undcNtmd that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Pnrchascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby fiscigns to the Purchaser any and all claims it may now have or hncaRer Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal of state antitrust laws fro such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaemrea have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller themrfier indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be perfomred by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall precurc at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authoozetion. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional from and conditions annexed hereto or inmrpnmted 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 make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparnal late deliveries, shall operate as a waiver of This provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplxcing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its rcuea able control and without its fault ofnegligence, such acts ofGod, acts ofcivil or military authorities, govmmental priorities, fires, strikes, Bond. epidemics, wars or nose provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and cnmpnermcc in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser may suffer or incur on account ofthc Sellers breach of warranty. The Seller shall replace, repair or make good, without cost 10 the purchaser, any defects or faults nosing within one (1) year or within such longer period of time as may be prescobod by law or by the terns ofany applicable warranty provided by the Seiler after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a wailer ofany 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 ofany of the foregoing wnrmnties or guamomes, but such liability shall in no event include loss ofpmfits 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal lams, including additions to or deletions from the quantities originally ordered in the specifieatinas or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpnfomtance hereunder, an equitable 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 the goods then not shipped, subject to any equitable adjustment bnwccn the parties as to any work err materials her in pmgress provided chat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthc goods atrd/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthc Sell" with respect to any goods which am the Scllcrs standard stock. No such termimtion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hmevnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the 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 incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmufer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all cquipmcnt. materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, accunry interest encumbmttces and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and duns of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, olBcets and employees ofsuch party. The Scllcrs contractual 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 requimd to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdcss the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material to process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said cquipmcnt, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its men expense and at its option, either Tonsure for the Purchaser the right to continue using slid equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankntpl, make an assignment for the benefit of crediturs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and govmed by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply only in cues where the Seller is to perform work hereunder, including the services of Scllcrs Repmscnmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Pnrchascr. When materials find equipment are himished by others for installation or erection by the Seller, the Seiler shall receive, Orford, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Sel let shall, at his own capons, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in mnncctioo with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and nutomohile public I iability nounnee with I n lily injury and death limits of at last S300,000 for anyone person. S500.000 for any one accident and property damage limit per accident of S400.00a. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the dale when such compensation and insuranm have been provided. Such cenifcates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work Is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellerhereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever In persons or property caused by or resulting fmm the execution ofthc work pmvided for in this purchase order err in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser cony he put or subject by reason ofany act, action, neglect omission or default on the part of the Scllcr, any of his contractors, of any of the Sellers or contractors offecm. agents or employees. In case any suit or other pmccedings shall he brought against the Purchaser, or its officers, agents or employees al any time ern account or by mason ofany act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their omccrs, agents or employees as aforesaid, the Seiler hereby agrees to assume the defensc thereof and to defend the same at the Sellers own expensc, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its Or their officers. agents or employees in such suits or other pmccedincs, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said parties in m as a fault ofsuch suits or other proceedings the Sellerwill at once cause the saute to be dissolved and discharged by giving bond or nthenrise. The Scllcr and his contractors shall take all safety precautions, famish and install all guards accessary for the prevention of accidents, comply with all laws and regulations with regard to sdety including. but without limitation. the Occupational Safety and health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010