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HomeMy WebLinkAbout152500 ACCOUNTEMPS - PURCHASE ORDER - 9136885Fort of Date: 04/25/2014 Vendor: 152500 ACCOUNTEMPS PO BOX 743295 LOS ANGELES CA 90074-3295 PURCHASE ORDER PO Number Page 9136885 left This number must appear on all invoices, packing sli s and labels. Ship To: ACCOUNTING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/26/2013 Buyer: PAUL, GERRY 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. Line Description uuamny UOM Unit Price cmenaea Ordered Price 2 ACCOUNTANT -TEMP Add Additional Funds 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 EA 16,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the Cu, of Fort Collins is exempt from slate and boat coxes. Our Exemption Number is 98-04502. Federal Ewim Tax Exemption Certificate of Registry 84-6()0)587 is registered with the Collector of Intermit Revenue, Deaver, Colorado (get. Colorado Revised Statutes 1973, Chapter 39-26.114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to b, replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject in fie City Meant Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services of equipment in response to this order can result in vuthoriud payment on the pan of the City of Fog Collins. However it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fart Collins, 901 Wood St, Fog Collins, CO 80522, ,,Ness otherwise specified on this order. If permission is giv o ro prepay freight and charge separately, the migiml f¢ighr bill most incomp ery invoice. Additional changes for parking will not be accepted. Shipment Distance. Where manufacturers have dorlbuting points in various Paris of the country, shipment is expected from the nearest distribution point 1. destination, and excess freght will be deducted from Invoice when shipments are made from greater distance. Pemtits. Seller shall procure at sellers sole cost all necessary pparb, cenifcates and licenses repaint by all applicable laws, m,almiom. ordamers aag rules of the tam, manicipolity, territory or political subdivision where the wok is performed, or required by any other duly co-tuated public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fog Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirements. Anthorimrion. All parties 1. this contracl agree that the reprcssntatives are, i. fart, bona fide and possess fill and amplese ambority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fresh and any implement., or additional terms and conditions annexed hereto or ihcorpommd herein by reference. Any additional or di06rrneterms, and conditions proposed by sell,, are objeotrd to and hereby ejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mac complete shipment an arrive on your promised delivery date as noted. Time is of fie essence. Delivery and performance must be effected within the time stated on the puchase 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 provision. In the event of any delay, the Purchaser shall have, in addition to other legal end equitable nannies, he option of placing this order elsewhere and holding the Serer liable for damages. However, the Serer shall not b, liable for damages as a result of delays due to causes not reawnably f cemle which ate beyond its eeasotublo erontml and without its fault of ugli,me, such no ofGed, acts tarried or military authorities, governmental priorities, fins, strikes, flood, epidemics, wars or Hats 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 last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, numnials and work covered by this order will conf wif applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposes intended, sag performed with the highest degree of care and competence in accordance with accepted standards for work of s imilor utme. The Seller ugrccv to hold the purchase, harmlea farm any leas, damage or expense which the Pmc er may suffer or incur on account of the Sellers breach of warranty. The Seiler shall replace, repair or make good, without cost to fie pump-er, any defects or faults arising within one (1) year or within such longer period of lime as may be presented by law or by the tam, of my applicable warranty provided by the Seller after the date of exceptanee of the goods famished heeuager (acerytanes not to be omen--bly delayed), matilling from imperfect or defective work done or materials Finished by to Seller. Acceptance or use of goads by the Purchaser shall not o-tlmm a waiver of any 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 of my of the foregoing woo antiea or guarantees, but such liability shall m no runt include loss of profits 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 to. by wamm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the teats, other than legal terms. including additions to er deletions from me quanlifen .rigirally ordered in the specificatiom - drawings, by vnbal of wduen change order. If any such change aRmts the amount due or the time of pefomanre hereunder, en equitable adjttdmcnr shall be rude. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided thin fie Puchaser shall not be liable for my claims for anticipated profits an the --ands ed ,earn of me good sed/or wok, for incidental err w-equential damages, and that W such arBelmeat be made in favor ofthe Seller with respecr to my goads which are cos Sellers imaging stock. No such termination shall relieve fie pr claua or the Seller of any oftheir obligati. -on in any Good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty do) days Imo me date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wattanls dust all gaud sold hereuager shall have been produced, sold, delivered and punished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents -may be required to effect or evidence compliance. All laws and regulations required m be, nco,fie ed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold fie Purchaser hmmless from all cos, and damages sufe dl by the Puchaser as a mold of 0m Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or any monies due or as become due hereunder without the prior wriften consent ofthe other party. 1R. TITLE The Seller wamm, full, Nero and pentricted title at the Purchue for all equipment, mami.E. said it. famished n performance of this agreement, free and clear of my and all liens, resrrictions, roavauove, security interest encumbrances and claims of others. I I. NONWAIVER. Failure of fie Purchaser to insist upon seder performance of the Rcon and conditions hereof, failure or delay to cianuism any rights or remedies provided Japan or by law, Whom to prosep ty notify the, Seller in the occur of a batch, the arear amme ofor payment for goods hercuMer or approval ofthe design, shall not release the Seller of any of the warranties or obligations .f this purchase order and shall not be decreed a waiver of any right of fe purchaser to insist upon strict perfanmance hereof or any of its rights or remedies ns to any such goods, regardless of when shipped, received m per,led, as to any prior of subs n,nom default hereunder, nor shall any purported and modification or rescission of this purchase order by the Pucbaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the PurcM1-er recognize that in actual economic practice, overcharges resulting from Among violations are in fact home by the Pumhesen Theretofore, for good cause and - consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heeaRer acquired under federal or same antiwst laws for such overcharges relining to the particular goods or somices purchased or acquired by the Perchance pursuant to Ws purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness la comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cos, associated with such work. The Seller shall release the Purchaser and its contmcors of any tier from all liability and claims of my wore resulting from 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, olficm and employees ofsuch party. The Sellds coatractul obligaliew. including warranty, shall not b r denied to b, reduced, in any way, because such wok is performed or exceed to be perfumed by the Puchwer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for mlnngemem by reason of Ie ttse of such Wtemed deign, device, material or process in mwenion with the contract, and shall iMemnify the Frontier for any cost, expo-c or damage which it may he obliged to pry by anown ofsuch infringement at any time during the prosantion or after the completion of the wok. In ax said equipment, or any an thereof or the intended we of the goods, is in such soil held to constitute inG,orro t and the me 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 program using said equipment. or pages, replace the same with substantially equal bur noninfngvging equipment, or modify it set it becomes nom.finvgac,. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or -,gee for any of the Sellers property or business, this order may forthwith be canceled by the Pu chaser without liability. 16. GOVERNING LAW. The definition, of temes used or the interpretation offie, agreement and fie rights of all ponies hereunder shall b, couwedunder and governed by the laws ofthe Sum of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repesentagive(s), on the promises ofofers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said wok an Sidlefs own risk until the, same is fully completed and accepted, and shall, in u of any accident, dEstmetion or injury t. the work -We, matMals before Sellers final complelion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for insallatian or erection by the Seller, fie Seller shall receive, unload, state and handle some at the site and became responsible therefor in though such materials -Nor equipment wets, being f fished by fie Seller ander the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, 1a its employees employed on or in rearmaim wlfi he wok covered by this purchase order and/or to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, conmctual and automobile public liability immune. with bodily injury and death limits of at least S300,000 far any are person, SSOL" for my one incident and property damage limit per accident of Saw,". The Seller shall likewise require his comrcoing, if any, no provide for such compe ention and insurance. Before any of fie Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish me Purchaser with a enifeme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such matifales shall specify the data when such compensation and impence expires. The Seller agrtn that such compensation and insurance shall h maintained until after to entire wok n completed and coupled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaser and any r all of fie Purchuan oficess, agents and employees tram and against my and all claims, losses, damages, charges o expenses, whether direct or Indirect, and whether to persons or property to which no Purchaser may be, put or subject by reason of any in, action, neglect, omission err defaut an fie pm of the Sella, my of his contractors, or any of the Sellers or contractors oReees, ago, m employees. In case my suit or other proceedings shall be brought against the Purchrom or its officers, agents or employees at any time on account or by reason of any act, action, reelect, omission or default ofthe Seller of any orbit contractors or any of i, or their oMo.. ogee, of employees - aforesaid, fie Seller hereby agrees to assume the defense thereof and to defend the same in fie Sellers own expense, to pay any and all cos,, charges, anomeys fees end other expenses, my and all judgmm, quit may be inured by or abuiried against de, Purchaser or my of its or their officer, agents or employees in such sm. or other proceedings, and to cue judgment or other lien to placed upon or obtained agaimt the property of the Purchaser, or said parties N or in a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and iumll Ill guard presmry for the prevention of accidents, comply with all laws and regulations with region to safety including, but without limiatioo, the Occupational Safety and Health An of I920 and all rules and regulations issued parsumt Imago. Revised 03R010