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HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9120489Fort Collins Date: 01/25/2012 PURCHASE ORDER Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS Colorado 80525-2576 PO Number Page 9120489 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/25/2012 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. PER P1081 TEMPORARY PERSONNEL SERVICES -OFFICE SUPPORT AWARD TO EXPRESS PERSONNEL. Line Description Quantity UOM Unit Price Ordered Extended Price 1 TEMPORARY OFFICE ASST. 1 LOT LS 14,000.00 BLANKET PO FOR 2012 2 TEMPORARY OFFICE ASST. 1 LOT LS 3,000.00 BLANKET PO FOR 2012 Total $17,000.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state mad local taxes. Our Excerption Number is 11. NON WAIVER. 9R-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered With the Collector Of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or Aday to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a)., exercise any rights or rcmcdics pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either When shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver or any right ofthe damage in transit may be rearmed to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instnations from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default heron nder, nor shall any purported on modiB cation or rescission of this purchase Order by the Purchaser operate as a waiver of tiny Of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcreli Freight Tcros. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fen Collins. CO 80522. unless acquired order federal or state antitrust lams for such overcharges relating to the particular goods or services othero m specified on this order. If permission is given in prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the ncared distribution point to destination, and excess freight will be deducted from Invoice rchen Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments me made from greater distance. may cause the Work to be performed by the most expeditious means available to it and the Seller .shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole coat all necessary, permits, ecr ificates and licenses required by all applicable laws, regulations, ordinances and mlcs 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 fmtn and against all liability and Iola incurred by them by mason of an asserted or established violation of any such laws, regulations, onlinances, miles and rcquircomms. Authorization. All parties to this contract agree that the representatives are. in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth wad anv supplementary or additional terms and conditions annexed hereto or incorporated haiia by reference. Any additional ordiffcrent terms and conditions pmrmed by selleram 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 of the 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 of partial late deliveries. shall operate as a waiver of this prevision. In the event of any delay, the Purchascr shall have, in addition to other legal and equitable rcmcdics, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays day to tauscs not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires. strikes. Bond, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchascr 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 he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and Work covered by this order will cnnfnm 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 competence 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 of the Sellers breach of wamnty. The Scllcr shalt replace. repair or make good, without cost to the purchaser, any defects or faults arising Within one (I) year or within such longer period of time as may he prescribed by law or by the terms of any applicable wamny provided by the Sellerafter the date M acceptance of the goods furnished hereunder (amcptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics tar guarantees, but such liability shall in no event include loss of pmBts 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 terms, including additimos to or deletions from the quantities originally ordered in the specifications or drawings, by verhal or mitten change onler. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. h. TERM [NATIONS. 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 between the parties as to any work or materials then in pmgrcss pmvidcd that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favorof Poe Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall mlicwc the Purchaser or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller Wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to Which the goods arc subject. The Seller shall execute and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchascr as a result ofthe Scllcrs failarc to comply with such law. 9. ASSIGNMENT. Ncitha party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr wmmms full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, eB'ecrs and employees of such party. The SCBCr's contractual obligations, including wamnty, 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 required to use any design, dcxice. material or processcovered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser front any and all 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 ofsoch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pmeme for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but arninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit iof creditors, appoint a receiver or trustee for any of the Sellers pmperty or business. this order may forthwith he canceled by the Purchascr Without liability. 16, GOVERNING LAW. The definitions oftcrms used or the interpretation ofthc agreement and the rights nfall panics hereunder shall be conuncd under and governed by the Imes of the Slate of COloradr, USA. The following Additional Conditions apply only in erases Where the Seller is to perfecto work hereunder, including the services of Scllcrs Representativc(s), on the promises efetmes. I 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's own risk until the time is fully completed and accepted, and shall. in case of any accident, destruction or injury, to the work and/or materials before Sellers final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by others for installation or erection by the Seller. the Seller shall rcocivc. Orland, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishcd by the Seller under the order. 18, INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation. including occupational disease brncrts, to its employees employed on or in connection with the Work covered by ibis purchase order. and/tar to their dcTrcndcnts in accordance with the laws of the state in Which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insummm with bodily injury and death limits of tit (cast S300,000 for any one person, S500.000 for any one accident and prOperty, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any Work upon the premises of others, the Seller shall famish the Purchascr with a certificate that such compensation and insurance have hecn pmvidcd. Such certificates shall specify the date when .rich compensation and insumne, have been pmvidcd. Such ecnificates 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 Seller hereby assumes the cmim nespnnsibility and liability for any and all damage, loss or injury of any kind tar nature whatsoever to persons or pmperty caused by or resulting from the execution ofthe Work pmvidcd for in this purchase order or in connection hacwilh. The Seller Will indemnify and hold harmless the Purchaser and any or 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 to which the Purchascr may be put or subject by reason of any act, action, neglect omission or default on the pan ofthe Scllcr, any of his contractors. or any of the Scllcrs or ventraetors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees 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 officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same rt the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be inmumd by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed Open or obtained against the pmperty ofthc Purchascr, or said panics in m as a result of such soils or other proceedings, the Scllcr Will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of .accidents, comply with all laws and regulations with regard to safety including. bun without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thencte. Revised 03/2010