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HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9144330 (2)Fort Collins Date: 08/05/2014 Vendor: 514019 VOLT MANAGEMENT CORP FILE #53102 LOS ANGELES CA 90074-3102 PURCHASE ORDER PO Number Page 9144330 1012 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: 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 2 Addendum to PO #9144330 1 LOT EA 4,800.00 IT Temp Services ADDED PER M.CARR EMAIL DATED 8/5/14. -ECB 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 Total 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 L COMMERCIALDEfA1LS. Tax exemptions. By smwte the City of Fort Collins is exempt from sere and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tux Exemption Certificate of Registry 84-0(00587 is registered with the Collector of Failure of the Pmchsser to insist upon strict performance of the lemrs and w rditions hereof, failure or delay to Intemal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 31r-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall nut relents the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be cotamed 10 you for credit and ate not to be replaced except upon receipt of women purchaser to insist upon stria perfommnce hereof or any at its rights or remedies IS to any such goods, regardless initmetions from the City of Fort Collins. of when shipped, received or accepted, . to any poor or subsequent default hereunder. nor shall any poryorted Will modification or rescission of this purchax color by the pochuer operate as a waiver of any of the terms Inspection. GOODS are subject to the City of FOR Collim inspection on arrival. hereof, Final Acceptance. Receipt of the merchandise, Smices or equipment in response no this order .a result in 12. ASSIGNMENTOF AbUTTRUSTCLAIMS. amhonzed payment on the pan of the City of Fort Collins. However, iI is to he understood that FINAL Seller and the Pmchaze, own,roze that is actual comparraw post overcharges awaiting from .,I., ACCEPTANCE is dependent .,on completion of all applicable requird inspection procedures. violations are in fact home by the Purchase, nonviable. for good cause and ses c usidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may raw have or hereafter Freight Tenn,. Shipments must be F'.O B., City of For Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwiv specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment, Distance. \Mere manufacturers have distributing points in som us pans of the court, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pr«um at Sellers sale cost all nvoexury Remits, cenificares and licenses mluired by all applicable laws, regulations, odinnnces and rules ofthe stale, commipolay, meamry or political subdivision when the work is performed, or notion red by any other duly constituted public authority having jurisdiction over the work of xc.dc,. Sidle, further agree, ,, hold she City of Fort Collins harmless from and against all liability and loss incurred by them by reason of on asserted or wriblisbed violation of any such laws, regulations, ordinances, Mies and requirement,. Awamn, aion. All Forms to this contract agree that the reptcscnratives are, in fact, bats ride and possess full and wmplem nmha ity to bind mid parties. LIMITATION OF TERMS. This Purchase Omer expressly limits wcepmnce to the team and conditions stated herein set farm and any supplementary or odditioa terms and conditions annexed hereto or incorporated herein by reference. Any additiomvl or different team and conditions proposed by Seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mike complete shipment to ounce on your promised ddwery data as noted. Time is of the essence. Delivery and performance mast be effected within the time stated on the purchase order and the documents atuched herem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, Shall o more as a waiver of this provision. In the es'cut of any delay, the Particular shall have, in addition to other legal and etciwblc remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, rise Seller shall not be liable for cbmages as a result of delays due to cruses out reasonably foreseeable which are beyond i% reasonable control and without its fault of negligence, such rack, ofcod acts of civil or milisry authorities, governmental prio ifies, fires, slakes, flat, epidemics, wars or riots provided that notice of the conditions cawing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the perind equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will conform with applicable drawings, Spoof.. draw, samples .Nor other descriptions given, will M fit for the puryoses intended. and performed wits, the highest degree of eare and competence in accordance with accepted standards for work turn similar .tore. The Seller agrees to hoed the purchaser hamnless floor any loss, damage or expense which the Purchser may salitr or incur on Senator ofthe Sellers breach of wemnty no Seller shall millrace, repair or make good, without cast to the purchaser. any dFets or faults arising within one (1) year or within such longer period of time as may be prescobcl by hoc or by the terra of any applicable win 1, provided by the Seller after the date of acceptance of the goods famished hereunder (accept.ce not to be unreasonably delay,), resulting from imperfec, or defective work done or materials Punished by the Seller. Accep tame or we of goods by the Purchaser shall not causative a waiver of any dnim under this wammy. Except as mherwim provided in this purchase order. the Sellers liability hereunder shall extend to all damages Proximately calved by the breach army of the foregoing warra ies or guarantees, but such liability shall in no event include loss of profits err Is of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Parham may make changes an legal tenns by wi nett change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addilic ns to or deletions front the 9mmlilies originally waf in the specifications or drawings, by verbal or written change order. If any such change infects the.mama due or the time ofpafincra ehereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement res to any Or all poniom of the good then not shipped subject to any equitable rjwlment between the panics as to any work or msionsIs then in progress Provided that the PurcM1nser shall not W liable for any claims for whicapad profits on the uncompleted portion ofthe goods .dor work, for incidental or consequential damages, and that no such adjwtmm, be made in favor of the Seller with rapes to Stay goods which are dte Sellers.madam stock. No such termination shall relieve the Purchaser or the Seller ofeeny of their obligarme, as to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wam ks that all goofs mid hereunder shall have been produced, sold, delivered .d furnished in mitt compliance with all applicable laws oral regulations to which din good am subject. The Seller shall execute and deliver such dwumwts as may be required to effort in evidence compliance. All laws and regulations required to Ix incorporated in agreements of this character art hereby incoporaar herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer. or convey his order, or any micros due Or to became due hereunder wabout he prior written convent of the other pony. 10. TITLE. The Seller warrants full dew am unrestricted title to rise Purchaser for all equipment maerals, and items fiunished I. beef re, of this agreement firs Sold clew of any and all he., contrabass. resenado., scouoty interest encumbrances and claims of others. acquired under federal or state antitrust laws far such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant bar this purchase Omer. 0. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to caned nonconforming or defective goods by a date to be agreed upon by the Purvicaer and the Seller, and the Seller thereafter indicates its inabiliry or.willmgness to comply. fire Purchuer may In. the work I. be pa6md by the mast espeduclw means available to it, rand the Seller shall pay all cents associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature machine from the Rommarnancc ofsuch work. This release shall apply even in the event of fault of negligence of the party releued and shall extend to the directors, officers and employees of such parry. The Seller's conmet.i obligations, including warranty, shall not be damn to be argued, in any way, because such work u performed or canted so be performed by she Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by tenon of the use of such patented design, device, material or process in connection with the commit, and Shall indemnify the Purchaser Ibr any cost, expense or damage which it may be oblige 4, Toy by reamn of such infringement at any time during the prosecution or alter the completion of the work. In cost, said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procom for the Purchaser the fight to continue ruing mid equipment or parts, replace the same with substantially equal bur noninf inging ryuipmem, or modify it so it becomes ismaiddnging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt rake as assignment far the benefit of cmduca appoint is revolver or eosinerr b e for any Of the Sellers pr,M, wiraws, this Older may famhwith be canceled by the P...have, without liability. 16. GOVERNING LAW. The definitions of arms, used or the interpretation ofthe agreement and the rights of all parties hereunder shall be command under Sod governed by the laws ofthe Sure ofColomdo, USA. The following ARldraid Conditions apply only in cases when the Sella is to perform work herewAer, including the services of Sellers Represenutive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall copy on mid work at Seller's own risk ..,it the vine is fully complete and accepted, and shall, in se of any accident, destruction or injury m the work .Nor ma¢dals before Seller final completion and acceptance, complete she work at Seller's own expense and to the satisfaction of the Purchaser. When m®mah and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor in though such materials and/or equipment were being furwshed by the Seller under the order. 18. INSURANCE. The Sella still, ar his own en,wou,, provide for the payment of workers compensation, including occupational ill.. benefits, toits employees employed on or in connection wida the work coveted by this Purchase order. enNor to their dependents in accordance with the laws of the sans in which care work is to M done. The Seller shall also carry comprehensive general liability including, but no, limier to, conmet.l and automobile public liability insurance with 1- ily injury and death limits oFar least $300,000 far any one parson, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise Ontario his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers ar his contracors employees shall do any work upon the premises of others, the Seller shall furnish the purchaser with s certificate that such compensation and insurance have been provided. Such certificate, shall specify the 6 re when such compensation And insurance have been provided. Such certificates shall specify me date when such compensation and imumxc expires. no Seller alpees Nat such compensation and insurance shall the mainuir d until aRer the entire work ex complar and accepts. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass at injury ofany kind or comm whatsoever to persons or property caused 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 harmless the Purchaser and any cr all of the Pumhwws officers, agents and employees from and against any and all claim,, lasses damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the par of the Seller, any Of his commaors, or any of the Sellers or contractors officers, agents or employees. In rose .y suit or other proceedings shall ho brought against the Purchaser, 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 contractors at any of its or their affect agents or employees as aforesaid the Seller hereby agrees to assume the defense thawf and to demind the mine at rho Sellers own expense, to pay any and all Co., charges, wourney: fees and other expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other poceedings, the Seller will at once crux the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all Safety precautions, famish and install all g.rds necessary for the prevention of accidents, comply with all laws and regulatiom with regard to safety including, but without lawastion, the Occupational Safety wed Halth Act of 1970 and all rules and roplatiow iscood pursuant themm. Revised Wall14