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HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9143111Fort Collins Date: 06/04/2014 Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS CO 80525-2576 PURCHASE ORDER PO Number Page 9143111 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 06/04/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I IT FRONT DESK -TEMP SERVICES 1 LOT LS MCARR PER 7418 TEMPORARY PERSONNEL SERVICES -GENERAL CONTRACT WITH EXPRESS PERSONNEL SERVICES. P14 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 19,000.00 Total $19,000.00 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 smbere the City of To" Collins is exempt fmm stale and local taxis. Our Exemption Number is 98-0f502. Federal Excise Tax Exemption Certificate of Registry 84-600058I is registemd with the Collator of Internal Ressnuc, Denver, Colorado (Ref. Colorado Revised almost 1973, Chapter 39-26.114 (a). Goods Rejemm. GOODS RDECFED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may a remmm ra you for credit and are not m be ,c,lamd except upon receipt of written instructions fmm the City of Ford Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fon Collins. However, )I is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Icame Shipments most be F.O.D., City of Fall Collins, 700 Wood St, Fort Carlos, CO 80522, unless otherwise s,Oci lied on this order. If permission is given to prepay freight and charge separately, the anginal freight bill must accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have dislribming points in larimm, pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made field greats distance Permits. Seller shall procure at sellers sole cast all remessury permits, caificmes and licenses required by all applicable laws, regulaliota, orditmnces and roles of the state, municipality, territory or clumal subdivision where me work is perforated, or required by any other duly constructed public authority having jurisdiction over the work of vendor. Seller loather agrees an hold the City of Fort Collins harmless man and against all liability and loss ncumd by them by rased of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. AuNorid dion. All pries to this contract agree that the representmives are, in fact, berta fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order ap essly limits acceptance to the ¢rots and conditions strum herein set tomb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reliance. Any additional or different teas and conditions proposed by seller are objected to and hereby canceled. 2. DELIVERY. PLEASE ADVISE PURCI LASING AGENTimmediately try.. carnal make complete shipment to arrive an your promised delivery date as, noted_ I ime isofthe ass a. Delivery and nali,a seat be ethemed within the time sated on the purchase order and the damrmem, enriched hamm. No nets of the Purchal- inducing wi,hma It :if oceplance of radial late deli ancs, shall bone as a waiver of Ibis provision. In the event of any delay, Ne Purchaser shall ha,c, in addition to other legal and equitable remedies, the action of placing this order chavamm and holding the Seller liable for damages. Howes'cr, the Seller shall not be liable for damn,¢, as a result of delays due to causes air damnably fixesentale which are beyond its reasonable control and without its fault ofmRige n:e, such acts of Gm, acts arrived or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or Hari provided ter, notice a the conditions causing such delay is given a the Purchaser within five (5) days of the time when the Seller lint received knowledge thereof. In the event of my such delay, the dam of delivery shall be extended for the period equal m the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warmots that all gaols, aisles, mannish and work necred by this order will conform with applicable drawings, spmificmiom, samples mdl c came, descriptions giver, will be fit for me purposes intended, and performed wit the highest degree of care and competence in accordance with accepted standards fm work of a miles ,are The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may suffer or idea, oa account of the Sellers breach of warranty. The Sell. shall replace, repair or make good, wihom cost at the purchaser. any defects or faults arising within one (1) year or within such longer perm of time as may he prtscribm by law or by the terms army applicable warranty provided by the Seller after the date of accept.. f,ha gods furnished bereunder (acceptance mono a unreasonably delaym), melting faults im,suff t or defective work dune or materials famished by me Seller. Acceptance or use of goads by the Pmchacer shall not constitute a waiver of any claim under this warrany. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamnttts, bur such liability shall in no event include loss of profits or loss or use. NO IMPLIED WARRANTY OR MERCI I ANTABILITY 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 Purchae smay make any changes to the t terms,, other than legal terms, including additionsor deli[ ns final the gran oiesroriginally ordered in the spmificadmts or drawings, by verbal or would change order. If my such change offecs the amount due or the time ofpedbaarom bronchial. an equitable adjustment shall be made. 6. TERMINATIONS. The franchiser may at my time by written change order, terminate this apartment m to any or all podions of the goods ran not shipped, subject to my equitable adjustment between Rae pries as to any work or mammals then in progress provided tat the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods andtor work, for maiderml or mnsequendal damages. wN that no such adjustment ga made in favor of the Seller will respect m any gwdls, which am the Sellers sanda d stack. No such tc..,ion shall relieve the Purchaser or the Seller army oftheil obligations as to any grads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim fir adjustment mud be nsseded withid Rainy (30) days from the dam the change or m rid nmion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in shier compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required in effector evidence compliance. All lows and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this surname. The Seller agrees to indemnify and hold the Purchaser h ialess man all costs and damages suffered by the Purchaser as a result of the Sellers failure W comply wish such law. 9. ASSIGNMENT. Neither party shall assign, ansfr or convey Nis order or my monies due or m become due hereade, without fie prior written cement of the other pay. 10. TITLE. The Seller wadrents full, clear and umatrie ed tide to the Purchaser for all equipment, matmals, and items f ishm in performance of this agreement From and clear of my and all liens, nspection , reservations, secuiry murmur encurnmads s and claims oforars. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the burin and conditions la mar, failure or delay m rights or remedies provided herein or by law, failure to promptly notify the Sella in the even, of a breach. any, m me acceptance ofor payment for goods hereunder or approval ofNe design, shall tot release the Seller of any of the warranties or obli,,i. of this purchase order and shall na be deemed a waiver of any right of the paoaur to insist upon strict performance hereafor any of its rights or dandies as to any such gams, regardless of when shipped, received or acepted, as to any poor or subsequent default hereunder, her shall any puryonm am[ modification or association of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust violations are in feel game by the Purchaser. Illuminative, for good cause and as consideration for counting this purchase order, the Seller hereby assigns to the Pumbacer any and all claims it may now have or hereafter acquired under federal or state antitrust laws far such ,amhrd,x relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCI LASERS PERFOR MANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any redid, resulting Rom the performance ofsuch work. This release shall apply even in the Went of fault of negligence of the party released and shall extend to the directors, officers and employees oligarch party. The Seller's contractual obligations, including warranty, shall nor be dammed m a reduced, in any way, bmauu such work is performed or caused to be, performed by the Producer. 14. PATENTS. Whenever the Seller is required mace my design, device, rnderial or process covered by letter, patent, trademark r mpyri,ht, the Seller shall indemnity and save hamdess the Purchaser from any and at I claims for inGngement by reason of the use of such patented design, device, material or powers in connection will, the contract, and shall indemnify the Purchaser for any cost, upeace or damage which it may be obliged 10 pay by reason of such iafringemen, at any ,inns daring the prosecution or after the completion of the work. In case said equipment, or any pan thereof or ,I¢ intendel use of the goods, is in such suit held to conmimte inhia,onem and the use of said equipment or pad is enjoined, the Seller shall, at its own expense sad a, its Option, either planar far the Purchaser the right to dominate min, said equipment or pads, replace the s.mm with substantially equal but naninfnnging equipment. or modify it so it becomes noninGnging. 15. TNSOLVENCY. If the Seller shall become insolvent or bankrupt, make as assignment for the benefit of bralu m, 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; of terms used or the interpretation of the mrandenr and the rights of all games hereunder shall a mosnucd order and governed by the laws ofNe State ofColorrial USA. The following Additional Conditions apply only in taus ware the Seller is as perform work oriental including the services of Sellers Represeative(s), an the premises ofothers. O. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and acceptor, and shall, in u of any accident, destruction or injury to the work md/or materials before Seller's final completion and ecepmnce, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment are frmishad by others far installation or erection by the Seller, the Seller shall native, unload, stare am handle same at the site and become responsible therefor as tough such materials and/m equipment came being fumisbed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment croakers compensation, including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase order, mdVor to their dependents in accordance with the laws of the mile in which the wark is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public habiliry insurance udi with bly injury dram and [unitsat of least $300Oo0 for any one Person $500,000 for any armazaidemaml property damage limit per accident of S400,000. The Seller shall likewise require his .a.ore tors, if eery, m Provide fur such compensation and insurance. Before ony of Ne Sellers or his comamors employees shall do my work upon the premises of others, the Seller shall fumuh the Purchaser with a famines¢ that such compensation and insurance have ban provided. Such exan frcates shall specify me date when such compewtion good natural have been provided. Such renificares shall specify the date when such compensation and craddrance expires. The Seller agrees that such compensation rood insurance shall a merinmimd until after me entire work is ex mpletm and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGE$. The Seller hereby usumes the amid, responsibility and liability for any and all demaga. loss or injury or.y kind r nature wats«ver to permits or property caused by or drinking from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puahaser and my cr all of the Purchurs caffects, agents and employees from an and against y and all claims, lasses, damages,charges harges expenses, whether direct or indirect, and whether to persons or property in which the Purchaser may be put or subject by reason of any act, action, defied, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commcmrs officers, agents or employees. In case any suit or other pmccis inp shall be brought against the Puahawn, or its oftiars, agents or employees at any time on account or by reason of any .1, action, neglcd, omission or default ofine Seller of any of his courmions or any of its or their afficers, .,,an or employees as aforesaid the Sella hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all torts, charges, attorneys fees and other expenses, any and all judgments that may a incurred by at obtained against the Purchaser or any of its or their often, agents or employees in such suits or other proceedings, and in area, judgment or other lien a placed upon m obtained against the property of the Purchaser, or said pries in or as a result of such suits or other proceedings, the Seller will at once cause rare same to be, dissolved and dischaged by giving bond or otherwise. The Seller and his contmerors shall sake all safety pd,cautions, famish and hanall all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 add all rates add regulations issued pursuant Nema. Revised LOGO10