HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9144331Fort Collins
Date: 07/30/2014
Vendor: 114084
EXPRESS SERVICES INC
2850 MCCLELLAND DR #1100
FORT COLLINS CO 80525-2576
PURCHASE ORDER
PO Number Page
9144331 1of2
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: 07/29/2014 Buyer: ED BONNETTE
Note: PER 7418 TEMPORARY PERSONNEL SERVICES -GENERAL AWARD TO EXPRESS PERSONNEL
SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
I REBATE HELP
REBATE HELP
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 LS
10,000.00
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 smmre the Ciry of Fon Collins is exempt from atam and local nixes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cmifcam of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Drawn. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due Ira defects of
damage in tmtait, may be returned to you for credit and are not to lee replaced except upon receipt of written
instructions from the City of Pon Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in rapome to this under an result in
nurhonmd paymem on the pan of the City of Fort Collins. Howeer, it is W be understood dau FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection paradures.
Freight Toms. Shipments must be F.O.B., City of Eon Collins,'R81 Wood St., Fort Collins, CO 80522, unless
otherwa specified on this order. If pemtismon is given to prepay freight and charge sepmamly, the original freight
bill most accompany invoice. Additional charges for pecking will not be accepted.
Shipment Distance. Where m nu6aurtrs have distributing points in arricas pans of the country, shipment is
expected from the nearest distribution point to destruction, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pmnits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the sure, municipality, temtory err political subdivision where
the work is performed, or required by any other duly condtumd public authonry laving jurisdiction over the work
of vendor. Sella Rather agrees to hold the City of Too Collins hatmlecs four. and against all liability and lass
incurred by them by reason of an scattered or established violation of any such laws, regulations, ordinances, mi.
and rVid teem,
Authorimtion All parties to this contract agree that the repraen aiw, are, in to.,, bona fide and possess fall and
complete authority m bunt said parties.
LIMITATION OF TERMS. This pucasom Order expressly limits acceptance to the rams and canditiass stated
herein set fond and any supplementary or additional moms and condition annexed hereto or incorporated herein by
referees¢. Any additional be diRcrent names and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot nuke complete shipment to arrive on your
promised delivery date a noted. Time u of the essence. Delivery and erformance 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 ofpanial lam deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall haw, in addition to other legal and aluimble remedies, the option of pacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages n a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, govemmmml priorities, fires, strikes, flood, epidemics, wom or
no¢ 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 deny, the dale of delivery shall he
extended fro Our period egnl m the time actually lost by reason ofth, delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
hawing,, specifications, samples ..War other desorption given, will be fit for the purposes intended, and
performed with the highest degree of cue and competence in accordance with accepted standard for work of a
similar namm. The Seller agrees to hold the Purchaser harmless form any loss, damage or expense which the
Purchaser may suR or incur on act. of the Sellers breach ofxmmanty. The Seller shall replace, repair or make
good, oland cost m the purchaser, any defect or faults nursing within one (1) yearm within such longer period of
time as maybe presaibed by law or by the tams of any applicable wmmnty provided by the Seller after dun date of
acceptance of the goods famished hereunder hacepmnm not to be unreasonably delayed), resulting from imparea
or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall or
constitute 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 wamentics
or guaruments but such liability shall in an even just loss of pmfts 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.
11. NON WAIVER.
Failure ofthe Purchaser to mist upon strict performance of the terms and conditions haco, failure or delay to
y rights or nemWma provided heroin or by law, failure m pmmpdy notify the Seller in the went of a
brah ceany
acceptance ofor payment for good natural or apparval ofthe design, shall not manse the Seller of
any of the warranties or obligations of this purchase order and shall not he demand a waiver of any right of the
purchaser to insist upon strict pafomeance hereofor any of its rights or remedies as to any such good, regardless
of when shipped, received or wanted, as to any prior, or subsequent deficit, hereunder, nor shall any purpoered
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terra
hereof.
12_ ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchases recognize dud in actual econcran, Tritium, overcharges resulting farm antitrust
violation arc in fact home by the Purchase,. Theretofore, for good causeand as consideration for exacting Nis
purchase ..let, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sm a uair., laws for such overcharges relating to the particular goods ce services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases doubt¢ the Seller to cmrea nonconf ingadefective good by a dam to b, agreed upon by the
Pmdusa and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by fie most expeditious an, available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contactors of any per from all liability and claims of any nature
reading Item the performance ofsece work.
This release shall apply even in the event of fault of negligence a the party released and shall extend to the
directors, officers and employees ofsuch party.
The Sellers contrarua] ubb,miurs, including warranty, shall not be danced m be reduced, in any way, because
such work is Performed or commit to be performed by the Parchaser.
14. PATENTS.
W%amer the Sella is raptured la use any design, device, maternal or process covered by later. paten, trndebeark
or copyright, the Seller shall indemnify and save harmless the purchaser from any and all claims for mlrogement
by mason of the use of such pmemed design, device, material or process in connection with the comrad, and
shall indemnify, the Powl—our far any cost, expense or damage which it may be obliged In pay by reason of such
infnngemat at any time during the prosecution or after the completion of the work. In caw said equipment, or
any pan thereof or the intended use of the good, is in such suit held to constitute infrfngernat and the use of
Said equipment or part u enjoined, the Seller shall, at is own ancient and at its option, ciNer procure for the
Pachaxr the fight to continue using said cquipm rd or parts, replace the same with substantially unual but
mninfringing equipmmd, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent a bankrupt, make an assignment for the better,, of creditors, appoint is
recaver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
to. GOVERNING LAW.
The definitions oftems used or the interpretation of the agreement and die rights ofall ponies hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Condition apply only in cases where the Sella is to perform work hereunder,
including the scoices afSellas Rapaxnafive(sh on the premises ofothers.
12. 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 e of any accident destruction or injury to the work turbot mtnadals before Seller's final completion and
ccepoance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment am furnished by others far installation or imams by the Seller, the Sella shall receive, unload,
sine and handle same at dun site and become nespareible dterefs, n though such comeriva and/o, equipment
wear being f shed by dte Sella under the order.
IS. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease benefice, m its employees employed on or in connection with the work covered by this purchase order,
5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of Ne amte is ce cM1 the work is 0 be done. The Seller
The purchaser may make any changes to the it., ether than legal harm, including addition to or deletion from shall star carry comprehensive general liability including, but oat limited to, commetual and automobile public
liabilityurawe with ball and death limits of at [cost $300 000 for n. SS00,gp fur
nor atiea originally due
in Mespecificsaraor heread�, by -mat a,quitale wnnenchange uNer.H. xucF `era `yacm,, Sell otte fall li my
lunge aRecs the amount Jue at the time ofpafo,mance hereunder, an equitable adjustment shall be made. one tandem and papery damage limo[ per accident of urnew a The Seller shall eis or he require his
rations, if any, m provide far rich compnsveon and ins e. Before any of the Sellers or his automation
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such conip-miun and insurance have been provided. Such certificates shall specify the des¢ when such
compensation and insurance have ban provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and instance shag be maintained Instil after the
entire wok is completed and rccepted.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of The
good then not shipped, subject to any equitable adjustment between the parties as to any work or materials has in
pro8ess provided that the Purchaser shall best be liable fur any claims far anticipated profits oa the aram plr[d
Ixntion of the good took., work, for incidental ear contractional damages, and dim W such edjnrmrnt be made in
favor ofthe Sella with aspal to any goods which ate the Sellers standard stack. No such metrication shall relieve
the Product or the Seller of any ofthev obligation n m any goads delivered hereunder. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.PrProduct
Thc Seller ha[by assumes the emirt responsibility anJ habdery for any and all damage. lass or injuryof any kind
neon whatsoever to persons or property tamed by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamlets the Purchaser and any
r all of the Purchasers officers, agents and employers from and against any and all claims, ]ossa, damages,
changes or expenes, wbaher direct or indirect, and whether in Person or primary to which the Pachaur baby
be par or mbjoa by season of any act octian, neglab, omission or default on the Rua of the Sella. any of his
contractors, or any of the Sellers or mntraaom of icem agents or employees. In case any suit or other
proceedings stall be bought against the Purchase, 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 my of his contactors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Hereof and m
defend the wine at the Seller own expense, to pay any and all cars, charges, anomeys fees and other expenses,
any and all judia mts that may be incurred by or abmined against the Purchaser or any of is or their officers,
agents or employees in such suits or other proceedings, and in exam judgment or other lira be placed upon or
obtained against the property ofthe Purchaser, or said lama in or as a raulr ofsuch suits or other proceedings,
the Sella will at once cause the same as be dissolved and discharged by giving bond or otherwise The Seller and
his contractors shall take all safety precaution, furnish and install all guard necessary for the 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 and all rules and regulation issued tammud,hercto.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most nd asserted within thirty (30) days 1'mm the dam the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller numbers that ell good sold hereunder shall have been produced, sold, delivered and famished in strict
omplance with all applicable laws and regulation or which the goals art subject. The Sella shall execute and
deliver such documents as may be required to ether or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incoporated herein by this reference. The Seller agrees to
indemnify Dods 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 shut 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 Seller warrants full, clear end unramered file to the Purchaser for all equipment materials, and it. furnished
in performance of dtis agreement five and clear of any and all liens, ranierions, rexrvntian, security interest
encumbrances and claims of others.
Revised Writ 14