HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9144330PO Page
PURCHASE ORDER
PURCHASE
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914433er
9144330 1 of z
Collins
This number must appear
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on all invoices, packing
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sli s and labels.
Date: 07/30/2014
Vendor: 514019
Ship To: MIS
VOLT MANAGEMENT CORP
CITY OF FORT COLLINS
FILE #53102
215 N MASON, 3RD FLOOR
LOS ANGELES CA 90074-3102
FORT COLLINS CO 80524-4408
Delivery Date: 07/29/2014
Buyer: ED BONNETTE
Note: PER 7418 TEMPORARY PERSONNEL SERVICES -TECHNICAL AWARD TO VOLT.
Line Description
Quantity UOM Unit Price Extended
Ordered Price
VOLT Temporary Services
1 LOT LS 9,216.00
IT PLACEMENTS
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
Total 59.216.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fiat Collins is eempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenifcam of Registry RT6000587 is registered with the Collector of
Internal Revenue, Denver, Columde (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goads Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
damage in ,remit may be returned to you for credit and art not to be replaced except upon receipt of written
intabor6ans mom the City of Fort Collins.
Inspection GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, sec or equipment in response to this order canresult in
payment
authorized pent on the pan of the City of Foe Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable quired inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fun Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this Omer. If pnmission is given to prepay freight and charge separately, the original might
bill must accompany invoice. Additional charges for Woking will act be accryted.
Shipment Distance. Where rnanufacmrers have disoibuting Points in various Parts of the country, shipment is
expected firm the nearest distribution point to destination, and excess freight will be deduced from Invoice when
shipments are made fora greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and license required by all
.applicable laws, regulations, oninences and talcs offe stair, municipality, territory or political subdivision where
the work is performed, or required by any other duly coullumed public authority having junwhi ion over the work
clbeader. Seller further agrees to hold the City of Fort Collins homilies, from and against all liability and loss
ed by them by reason of an asserted or established violation of any such laws, regulations, ordinance, tales
incurred
rearrequirements.
Aufficamention. All panic m this contract agree that Me rtprarntaives arc, in fact, bona f& and prrssess full and
..,let, aut rmay m bind said parries.
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the h mrs and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or diRerenrterms 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 move an your
promised delivery dam as noted. Time is of the essence. Delivery, and performance most he effected within the time
stated on the purchase order and the decumrnts attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panial late deliveries, shall assume as a waiver of fls provision. In me event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order ehowhere
and holding the Seller liable for damages. However, fie Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which ere beyond its reasonable corium vnd without its fault of negligence,
such acts of God, acts ofcivil or military authorities, go cromenod priorities, fires, strikes, Mond, epidemics, wars or
ours provided fat notice of the conditions causing such deluy is given to the Purchaser within Eve (5) days of the
time when fie Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period eqm0 to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will cant with applicable
drewings, specifications, samples and/or other dessfinios given, will be fit fro the purposes intended, and
performed with be highest degree of care and ima,vonu to acmrdence wif ttcepted standard far work of a
similar narure. The Seller agrees to hold be purchaser harmless from any loss, damage ar expcase which the
Purchaser may suffier or incur on account of fie Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost to the purchase, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the Isms of any applicable warranty provided by the Seller after the date of
acceptance of fie good famished hereunder (acceptance nut to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by fie Purchaser shall nor
combine a waiver of any claim under this warranty. Except as ofewise provided in this purchase order, be Sellers
liability hereunder shall extend to all damages proximately caused by fie breach of any of fie foregoing 0arramies
or guarantees but such liability shall in an rem include loss of pmfirs 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 more, other thin legal terms, including addition, to or deletions from
the quamifc, unyinally ordered in me specifcmiom or drawings, by vaWl or wnnen change order. If my such
change a1T .fie amount due or the time ofperfomsmrm hereuader, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchasr may in any time by women char,, Omer, terminate his agreement as to any or all porti of the
,cots fen not shipped, subject to any equitable adjustment between fie parties as to any work or materials the. in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on be uncomplcled
portion ofthe goods amVor work, for incidental or comomentlal damages, and that no such adjustment IN made in
favor of the Seller with respect W any goods which art the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must be asserted within fitly (30) days from be date be change or termination is
ordered.
S. CO.MIPLU NCE WITH LAW.
The Seller warrants fat all goods sold hereunder shall have barn produced, sold, delivered and famished in strict
compliance with all applicable has and regulations to which fie goods are subject. The Seller shall execute and
deliver such documents as may be requital to effect or evidence compliance. All laws and regulations required to be
incorporated in ageen en. of this character are hereby incoporated herein by this rel6rence. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result Of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shill assign, firm , or convey this made, or any monies due or m become due hereunder wifout the
prior wriuen emotions of Me other party.
10. TITLE.
The Seller warrants full, clear and ertesfer.d title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all lie®, msuictios, reservations, security interest
encumbrances and claims of Others.
l 1. NON WAIVER.
Failure of the Purchaser Ira insist upon strict performance of the terms end conditions hereof, failure or delay to
evencise 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 hereunder or appmval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, ce artless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
oral modification or rescission of this punches, order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretoforefor 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 hereafter
acquired under federal or state antitrust laws for such overcharges relating to the pimaolar goods or services
purchased or acquired by the Purchaser pursuant to this purchase Omer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifdw purchaser directs the Seller to comet nonconforming or defective goods by a dam to he agreed upon by the
Punctuator and fie Seller, and the Seller deree0er indicates its inability or unwillingness to comply, the Purchaser
may nose the wark ro he performed by the most expeditious an. available Or it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any list from all liability and claims of any amtme
resulting from the perfammnce of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend 10 the
directors, ofreers and employees of such piny.
The Sellees commercial obligatiom, including wmmmy. shall real be, domed to be reduced, in any way, because
such work is performed or eaused to IN performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required an use any design, device, materid or process coveted by term, parent tmdenark
or copyright, the Seller shall indemnify and save harmless the Purchaser from 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 of such
infringement many time during the prosecution or after the completion of the work. In case said equipment. or
any pan thereof or the inxfi d use of the good, is in such suit held to comtim, infringement and the use of
said equipmcot or Two is enjoined, the Seller shall, is its own espcme and at its optics, either procure for due
Purchaser the right to mosimm using said equipmmt or puts, replace dm same with substantially equal bur
tmninGnging equipment, or modify it so it becomes swninfringing.
15. INSOLVENCY.
If she Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receive 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 ortems teed or fie moularetation ofthe agreement and fie rights ofall parties hereunder shall Is,
coesaved maker and governed by the bows of Me Sam of Colorado, USA.
The following Additional Conditions apply only in wase, where the Seller is m perform work herewder,
indaking fie services of Sellers Romeaentstivgs), ..be prcmaes ofothers.
19. SELLERS RESPONSIBILITY.
The Seller shall can on said work at Settees own risk until the same is fully completed and accepted, end shall,
in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete fie work at Sellers own expense and to the satisfaction of the Purchaser, When naraials
and equipment are bobbed by ofers for habitation or erection by the Seller, the Seller shall receive, unload.
stam and handle same ai the site and become responsible therefor as Mouth such inamnals and/or equipmmt
were being furnished by the Seller under me chair.
18. B SURANCE.
The Seller shall, at his own expense, provide for the payment of workers compenmtum, including occupmional
disease benefits, to its employees employed on or in connection with the work covered by this purchase rime,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also can, comprehensive general liability including, but tat limited to, vmrm WA and automobile public
liability insurance with bodily injury and death limits of at later 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
if any, to provide for such compensation and ins a Bef any of Me Sellers or his contractors
employees shall do any work upon the premise of ofers, fie Seller shall fumish fe Purchaser witha mnificate
fat such compensation and insurance have been provided. Such cenificmes shall specify fie date when such
compeaa[ion and insurance have born provided. Such scr ifimtes shall specify be date when such compnsarion
and itsumn¢ expires. The Seller agrees chat such compcioation and insurance shall be mainminnd until after fe
entire work is completed end accepted.
19. PROT ECI'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire reapomibility and liability for any and all damage, loss or injury Of any kind
r nature whmscever to perwas or property caused by or resulting from fie execution of Me work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser end any
or all of fie Parchment officers, agees 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 Purchaser may
No per or subject by reawa of any act action, hell omission or default an the part of be Seller, any of has
contractors, or any of the Sellees of contractors officers, agents in employees. In case any mit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employes at any time on account or
by an of any eel, nation, raided, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees at, assume the defense thereof and to
defend Mc same .1 he Sellers own expense, to pay any vnd all cos., charges, attorney, fees vnd other expenses,
any and all judgnenm, that may be incurred by or Obtained against the Purchaser or any of its or fair officers,
agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or
obmined against fie property of the Purchaser, or said parries in or ass a result of such suits or other proceedings,
Me Seller will at once muse the same to be dissolved and discharged by giving bord or otherwise. The Seller and
his contractors shall take all safety premiums, famish and install all guards accesvry, for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
0ccupatiowl Safety and Health Act of 1970 and all rates and regulators issued pursuant thereto.
Revised 0712014