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HomeMy WebLinkAbout114084 EXPRESS SERVICES - PURCHASE ORDER - 9136694Fort Collins Date: 07131/2014 Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS CO 80525-2576 PURCHASE ORDER PO Number Page 9136694 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: 12/16/2013 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 Quantity Ordered 2 TEMP EMPLOYEE FOR A/P 1 LOT Add Addition 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@fogov.com DAVID CAREY UOM Unit Price py Price - EA 3,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemption. By statute the City of Fort Collin is exempt fmmtar sand local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifcar of Registry 84-6000587 is registered with the Collector of Failure of the Purhmer to insist upon stmn performance of the tents and condition hce.f. failure or delay to formal Revenue, Denver, Colorado (Ref. Colorado Revised Sources; 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvdded herein or by I., failure an promptly notify the Seller in the event of a breach, the acceptance of or torment for goods hereunder at approval of the design, shall not release the Seller of Goods Related. GOODS REJECTED due w failure omen specification, either when shipped or due to defecs of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be carried to you for credit and are not or be replaced except upon receipt of women purchaser to insist upon inner performance succorer any of its rights or remedies m to any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the term Inspection. GOODS are subject to the City of Pon Collins inspection on arrived. 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 put of the City of Pon Collins. Howeveq it is to be uadmalood Our FINAL Seller and the Purchaser recognize Out in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependem upon compleion of al I applicable mluiml inspection procedures. violations are in fact home by the Purchaser, Theretofore, for goal most and w mmidemtion for executing this purchase order. the Seller hereby assign to the Purchaer any and all claims it may now have or hereafter Freight Tersm. Shipments ram, be F.O.B., City of Fort Collins, All Wood St., Foo Collins, CO 80522, unless acquired under federal or state antitrust laws for such overchargea relating to the pnnicular goods or services otherwise specified on this order. If pemnission is given as prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. MTere manufacturers have distributing paints in swims parts of the country, shipment is expected from the nearest distribution Poor to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pormits. Seller shall pme— at sellers sole cost all necessary permits, oatificatis and licenses required by all oppl cable laws, regulations, ordinances and fries of the state municipality, territory or political subdivision where the work is performed, or required by nor other duly coatlrrd public authonly having jurlathetla over the work of vendor. Seller rasher agrees to hold the City of Fat Calliw harmless from and against all liability and In, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and «quircments. Aathorivaiion. All ponies 1p this commer a,me that the rmsewasatiew are, in Oct. boa fide and p0asess fall and complete anthoriry to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stured herein set tomb and any supplementary or adjusted firms and conditions annexed hereto or incorporated herein by rfcrento Any additional or different tams and conditions proposed by seller ate objected to and hereby rejecsed_ 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immodalely ifyou cannon make complete shipment m am, on your promised delivery dam as noted. Time is of the aor ee. Delivery and performance moil be effected within the time meal i the purchase aide, and the documents attached hereto No acts of the Purchasers including, without limitation, acceptanceofpartial late deliveries,shall open ass waiverefthisprovision. In theeventofsaydelay, the Purchser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable Or damages as a result of delays due to causes nor reasonably fremovable which are beyond its reasonable muccol and without its fault of negligence, such act of God, arts ofeivil or military authorities, jimumanental pmorides, fires, strikes, Goad, epidemics, was or riots provided Nat notice of the conditions coming such delay is given m the Purchaser within five (5) days of the time when the Seller I—, received knowledge thereof In the event of any such ddry, the date of delivery shall be extended for the penal egcol to the time actally lost by. of the delay. 3. WARRANTY. The Seller warrants Nat all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples motor other descriptions given, will be fit for the purposes immded, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'miler nature. The Seiler agrees to hold the purchaser hamdess from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, reps;, or make goad, without cast to the puredame , any damets it fruhcadeing within one (1) year or within such longer pined of time as may be prescribed by law or by the terms army applicable warranty provided by he Seller aver the date of acceptance arrow grad famished hereunder (acceptance not to be unreax—ably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstirte 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 any of the gumming scanning ex or guammew, but such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchvrmay make any changes to the terms, other than legal terms, including addition,addition,to or deletions fmm the quantities originally ordered in the speciffcaions or drawings, by verbal or widen change order. If any such ahunge effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, wouam this amem era as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties w to any work or materials then in pmgrws provided that the purchaser shall rest be liable for any claims Or anticiperd profits oa the uncompleted Portion of the goods anjor work, for incidental or cosor tial damages, and that no such adjosenat be nude in favor of the Seller with respect to any goods which ate the Sellers standard track. No such termination shall relines the Purchaser or the Seller cfany ofreic obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be owned within thirty (30) days (tam the date the change ve re erase ion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in mitt compliance with all applicable laws and regulations to which the good are subject. The Seller sha11 execute and deliver such thsumenu as maybe requital to efied ate evidence compliance. All laws and regulations required 1. m incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaor 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 parry shall aaign, morma, m convey this odes, or any monies due or to become due hereunder without the ,Her wrlmen mccom, ofthe mher party. 10. TITLE. The Seller warrants fart clear and unrestricted title to the Purehser for all equipment matands, and items famished n performance of this agreement free and clear of any and all lies, rewnictioa intimations. security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconf ing or defective goods by a date to he agreed upon by the Purchaser and the Sella, and the Seller chamber indicates its inability or unwillingness to comply, the Purchaser may cause the work is be performed by the most expeditious mean available to it, and the Sella shall pay all mars associated with such work. The Seller shall m1caw be Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shrill extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including waraaty, shall act be deemed m be reduced, in any way, because such work is performed in caused to be performed by the Purchaser. 14. PATENTS. Wbeneem the Seller is ratural to use any design, device, material or prarss covered by lens pamar, tadarark or copyright, the Sella shalundemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contend, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such immngernal at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereofor the intended use of the goods, is in such suit hid to corditute infingemmn and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but noninfringing equipment, or mail it so it becomes noninl'riaging. 15. INSOLVENCY. If the Seller shall become insolvent or Fad:mpt make an assignment for the benefit of creditors, appoint a waim, o, tfosre for is, of the Sellers pmpenry err business, this order may foMwith be canaekd by re Pumhuer without liability. 16. GOVERNING LAW. The definitions ofrems red me the interpretation ofthe agreement and the rights of all pardiw hereunder shall be construed under and governed by the laws ofthe Slate of Colorado, USA. The following Additional Conditions apply only in where the Sella is to perform work hereunder, ncluding the services of Sellers Rammotative(s), on themous premises archers. IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sure ¢ fully completed and accepted, and shall, in se of any accident, destruction or rajary to the .,it aator materials before Sellers fuel completion and acceptance, complete the work at Sellers own expense and to the s lv anion of the Purchaser. M'hm materials and equipment art famished by others for installation or station by the Sella, the Seller shall receive, unload. store and handle same m the site and baome respasible therefor as though such mareials and/or equipment were being( ichcd by rise Seller under the coder. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including narrational disease henefits, to its employes employed on or in connection with the work covered by this purchase order. major to their dependenes in accordance with the laws of the Saar in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, commend and automobile public Imbilay incur v with b ddy injury and death limits of at least 5300,000 for any o person. S500,000 for any one itaidentannd property damage limit per accidem of S400,000. The Sara shall likewise require his it any, to provide for such compensation and ii -minee Before any of the Seller or his arms,1m, sh employees all do any wmk upan the premises of others, the Seller shall fsumb the Purchaser with a certificate that such comiscroalion and assurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cau icatn shall specify the date when such compereation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the conme work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the moo, raposibility and liability for any and all damage, lass or injury of any kind of nature whomever m persae, or pears ry mused by or resulting fmm the execution ofthe work provided for in this purchase order or in cmmection herewith. The Sella will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, harges or expenses, whether dine, or indirect, and whether to persons or property m which the Purchasa may be put or subject by reason of any ach action, neglect, omission or default on the pm of the Sella, any offers contractors, or any of the Sellers or contractors 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 recount 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 time at the Sellers awn expense, 1p pay any, and all msts, changes, wascom s fees and order a iranow, my and all judgments that may be inserted by or obtained against the purchaser or any of is or their officers, agents or employees in such sails or other proceedings, and in rase judgment in other Jim be plant upon or obtained against she pmpeny ofthe Purchaser, or said panics in or ev a seed? of such suits or other proceedings, the Sella will at once cause the same to be dissolved and dischearl by giving bond or otherwise. The Seller and his contractors shall take all safety pncaufios, famish and istall all goads taemseary for the privation of accidents, comply with all lases and regulations with regard or safely including, but warned limitation, the Occupational Safely and Health Ad of 1970 and all mlw and regulations issued pursuant memo. Revised WQ014