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HomeMy WebLinkAbout514019 VOLT MANAGEMENT CORP - PURCHASE ORDER - 9145731PO PURCHASE ORDER 9145731 Page City of PURCHASE 45731 t of z ' `tCollins( This number must appear V 1' on all invoices, packing sli s and labels. Date: 10/03/2014 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: 10/02/2014 Buyer: ED BONNETTE Note: PER 7418 TEMPORARY PERSONNEL SERVICES -TECHNICAL CONTRACT WITH VOLT. Line Description Quantity UOM Unit Price Extended Ordered Price 1 VOLT Temporary Services 1 LOT LS 16,500.00 IT PLACEMENTS �tr f� 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 Pay terms net30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'I'erms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is H-NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of me terms and conditions heavC failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources19'A, Chapter 39-26, 114 on. exercise any rights or remedies provided herein or by law, failure to proamdy notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not rel,me the Seller of Good Rejected, GOODS REJECTED due to failure to meet specifrawro, either when shipped or due so defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be retuned to you for credit and are not ru be replaced except upon receipt of it. Purchaser to insist upon strict performance barterer my of its rights or comedies m to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default himander, nor shall my purported oral modification or rewission of this purchase order by tha Purchaser operate as a waiver of any of me terms Impact GOODS are subject to the City of Fort Collins impWim an anifird. hereof. Final Acceptance. Receipt of the merchandise, slices or equipment in response to this order ton result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on me Pan of me City of Fan Collin. H.c,a,. it u to be understood mat FINAL Seller and the Purehssd roxaciew mat in actual mmwwc pracece, overcharges resulting from mtinust ACCEPTANCE is dependent upon completion of all applicable required inspection percolates. violations we in fact home by the Puchass. Theremfore, for goad emus, and as considemrion for executing mis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipmants must be, F.O.R, City of Fort Collins, 700 Wood St, Feel Collins, CO 80522. Craw. acquired under federal or state amount laws for such overcharges relaring w the ppricalsr goods or services omewise specified on his order. Hpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoitt. Additional chorea for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in variom pans of the country, shipment is expe ded from the nearest distribution point to desertion, and exce,s freight will be deducted from Invoice when shipments we made firm greaser distance. Permits. Sella shall procure at sellers sole cost all naessary permits, cenifcata and licenses required by all applicable laws, regulations, ordinance and tales of the stare, municipality, territory ar political subdivision where the work is returned, or terminal by any other duly cmnslitoed public authority havingjunsdichon over the work of vendor. Serer further agrees to hole the city of Fort Con cos familas wan sad against all habiI,ty and Ioss anderred by them by reason or an owned or established violation of any such laws, Mae, inanc, s miorordetalew,drecounts. Anmenmtion. All parties to this cunlowt agree that the reprosenmtive are, in fact bar fide and poswss full and complete authority to bind said parties. LIMITATION OF TERMS. His Purchase Order expressly limits acceptance to the terms and mndown, stated herein set Earth and any supplementary ,, additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tames and conditions prepared by seller are objected w and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. lime is of the essence. Delivery and perfommce 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 of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, me Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding she Seller liable far damage. However, the Seller shall nor be liable for damages as a resu0 of delays due to causes not presumably foreseeable which are beyond its reasonable control and without its fault of negligence, such sects of God, acts of civil or military authorities, gmermanenml priorities, fires, strikes, Rood, epidemics, wars or was provided that notice of me conditions coming 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 delay, the date of delivery shall b< extended far the period cgcal .,he time mtmlly lost by reawa ofthe delay. 3. WARRANTY. The Seller warrants mat all goods, articles, materials and work covered by this order will conform with applicable drawings, sp sifmtiom, supple andrm other descriptions given, will be fit for me purposes intendd, and pert ed with the highest degree of are and competraw in accordance with accepted smdsrds for work of in wile, nature. The Sella agrees to hold the mourner harmless from any lass, damage or expense which the Purchaser may sulfa or incur on account arrive Sellers breach ofevananry. The Seller shall replace, repair or make goad, without cost to the purchaser. my defects or faults ansing within one (1) year or within such longer period of time as may be prtscnbd by law or by the If. of my applicable wawnof provided by me Seller after the date of acceptance of the goods famished hereunder (aceeptance hat m b, ...My delayed), resulting from ImpeRnt m defective work done or materials famished by the Selle. Acceptance or use of goods by the Pmebaser shall not constitute a waiver of any claim under this summary. Except as otherwise provided as this purchase order, me Sellers liability hereunder shall extend to all damages proximately catsed by me breach of any orate foregoing wmanties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 'Ibe Purchaser may make changes to legal corms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any Wunges to the temp, other Its.. legal rear, Including additions to or do two, from the quantities an,im illy ordered m the specifications or drawings, by verbal or written change order. If any such change aRects the amount due or the time ul'perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject to any aci iluble adjustment between me parties as to any work or materials then in progress provided that the Purchase, shall net be liable for any claims far anticipated profits on the uncompleted portion of the goods andmor work, for incidental or consequential damages, and mat no such adjustment be made in favor of the Seller with respect to any goad which arc the Sellers standard stock. No such tem,inown shall relieve the Purchaser or the Seller army of their obli& tions as m any goads delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be sswned within thirty (30) days fmm the date the change or wrompation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold kmshall have been produced, told, delivered end f isM1ed in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents ex try he required to effect or evidence complims e. All laws and regulations required] to b, incorporated in it,,no ns of mis cherecre, are hereby incorporated harem by this reference. The Seller agrees m indemnify and hold the Purchaser harmlnss from all costs and damages suffered by the Ptwbwwr as a moult of me Sellers failure is comply wins such law. 9. ASSIGNMENT. Neither Fury shall assign, transfer, or convey this maker, or my mania due or on became due hereunder without on pear written consent of the Omer party. I O. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished in performance of mis agreement, free and clear of any and all liens, ormidimrs, reservations, seventy interest encumbrance and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaer and the Seller, and the Seller thereafter indicates its inability or tmwillwgness to comply, the Purchaser may cause the work to he perforated by the most expeditious meats available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its conwewrs of any ran from all liability and claims of any nature reading from the performance afsuch work. This release shall apply even in the event of fault of negligence ofthe parry released and shall extend w the directors, officers and ample err, orauch puny. The Severs co bratual o1+1hgnsiam, including wamnly. shall not be deemed to be reduced, in any way, became such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, plant, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for obtainment by reason of the use of such patented design, device, mmenal 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 at any time during the prowcution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such wit held w constimw infringement and the use of said equipment or For is enjoined, the Seller shall, at its own expense and at its option, either procure for me Puahasn the near to continue using said equipment or parts, replace the same with substantially equal but communal equipment, or modify aao u becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baNmpt, make an assignment for the benefit of creditors, appoint n or trustee for any or the Sellers Property or business, this order may foMwol, be carueled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tnms fiscal or the interpretation ofthe agreement and the rights ofa t panic hereunder shall b< comuuad under cons govemell "a lawn ofthe State orColorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representowei w the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work m Sellc/s own risk antil she tome is holly corepldd and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Sellers furl completion and acceptance, complete the work at Sellers awn expense and so the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or section by me Seller, the Seller shall receive, unload, sire and handle wane at the site and become responsible therefor as laugh such materials No, equipment were being famished by she Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase order, wd/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall aw, carry comprehensive general liability inclining, but not limited to, contractual end automobile public liability insurance with bodily injury and death limits of. least $300,000 for any one person, $500,000 fo, any accident and property d cle, limit per accident of $400,000. The Seller shall likewise require his one a se contractors, irony, In provide for oche compensation and the insurance. e. Before any of the Sellers m his cartacwte employees shall do any work upon the premises of provide the Such shall famish the Purchaser with a when such that such compensation and eve been have been provided. Such halt cams shall specify the date when such compensation and res. "a have been provided. Such certificate shall specify she data when such compensation and insurance expires. The Seller agrees that such compensation and insurance stall be mainmincd until after the ,mire work is completed and m<epmd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asumn the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoser to persons or property, caused by or resulting Item the execution of the work provided for in this purchase o dw or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whcmer direct or inc irecL and whether to persons or property to which the Purchase may be put or subject by person of any act, ration, neglect, omission or default on me pan of me Seller, any of his contractors, or any of the Sellers or compression officers, agents or employees. In cose my suit or other proceedings shall M brought against the Forehasn, or is officers, agents or employees at any time on account or by rmmn of my act, action. neglm, omission or default ofthe Seller of any of his computers or any or its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assort the der doweef and to defend she same at the Sellers own expense, to pay my anal all costs, charge, armmrys foes and amen asperses. my and all judgments tam may be incurred by or obtained against no Purchaser or any of in ar their ti icem, agents or employee in such stars or other p repta is xv, and in rose judgment or offs lim be placed upon or obtained against the property of me Panchuser, or said parties w or as a result o'such suits or offer pmcedings, me Seller will at once cause the same to be dissolved and discbmgd by giving bond or wherwdse. The Seller and his cwtractore shall take all safety pneautimin. f ish and install all guard neeessasy for she pmenuon of accidents, comply with all laws and tardiness wins regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant therdo. Revised 01R014