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HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9146981of FOCity, Collins Date: 11/26/2014 Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS CO 80525-2576 PURCHASE ORDER PO Number Page 9146981 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 11/26/2014 Buyer: WILSON, JILL Note Line Description Quantity UOM Unit Price Extended Ordered Price HUMAN RELATIONS COMMISSION 1 LOT LS 1,800.00 PSA 7418 in 2015 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 $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tema and Conditions Page 2 of 2 1. COMMERCW. DETAILS. Tax exemptions. By statute the City of Tom Collin is exempt fmm site and 1mel taxes. Our Exemption Number is 9"502. Federal Exciw Tax Exemption Cedifcam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Rath. Colo.& Revised Starma 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped a due to defects of damage in transit, may be rammed to you for aedit and are not to be replaced except upon receipt of wrown instructions from the City of Fan Collins. Inspection. GOODS are subject to the City effort Coffins inspection on arrival. Filed Acceptance. Receipt of the machamiss, sunices or equipment in museum to this oNer can result in authadaed payment on the pan of the City of Fiat Collins. However, it ¢ m be understood that FINAL ACCEPTANCE is dependent upon completion ofall appliwbk rwium inspection procedures. Freight Terms Shipments must be F.O.B., CO, of ran Collins, 900 Wood Sr, Fort Collins, CO 80522. unless mherwlse specified on this order. Rpermission is ,,an to prepay freight and charge separately, the original freight bill moat accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where ..of ..net. have discoloring paints in various parts of the country, shipment is expected from Ne nearest distribution in, to destination, and excess freight will b, deducted from Invoice when shipments are made from greater distance. Pemia. Sella shall prtatwe at sellers is cast all commu ry pemaits, canfirztes and he. required by all applicable Laws, regulations, omiwncrs and "as of the same, municipality, tcaitory or political subdivision where the work u performed, err ma,dom by any oNer duly wmtituted public sutlwriry hasingjwsdiction over the work of vendor. Seller funkier agrees to hold the City of Fort Collins handless f and against all liability and lass insured by them by rn of an ..ad a established violation of any such laws, mini bums, ominances, rules and easorequlremenn. Authorization. All panics to this award agree that the representatives are, in fact, been Ode and possess full and complete mNoriry to bind said panic. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terns and conditions stated herein set Each and any supplementary or mdlnowl terns and condition annexed harem or incomomted herein by reference. Any addikred or dif cam arm and conalmom proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to waiver on your promised delivery date as noted. Time is of the immune. Delivery am performance most be effected within the time stated on the purchase Omer and the documents strached herein. No acts of the Panics. including, a'ifom limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages in a result of delays due to causes not rasonably unsociable which arc beyond its reassemble control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental Pomades, Gres, strikes, flood, epidemics, wars or dots provided Net nonce of the condition causing such delay is given to the Purchases within Live (5) days of the time when the Seller firm received knowledge thereof. In the event of any such delay, the date of delivery shall be, eamidand fro fe period equal to the time actually lost by neanon ofdat delay. 3. WARRANTY. The Seller waruns not all goods, articles, msterims and work covered by this oma will conform with applicable drawings, specification, sample and/or other description given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a imilur .,are The Sella agrees m hold the pumhaur harmless from any lass, damage or expense which the Purchase r may suffer or incur on account of the Sellers breach of wamry. nThe Seller shall replace, repair ur make good, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer Farm of time as may m presnbed by law err by the tern of any applicable womnry provided by fe Seller o rr the data of acceptance of the good finished hereunder (acceptance root to he unreasonably delayed), resulting from imperfect or defective work done or materials f shed by the Seller. Acceptance in use of good by the Purcfua shall not onrimte a waiver of any claim under this wart Except m utherwiu pmvicim in fie PumM1ne order. the Sellers liability hereunder shall extend to all damages pmxnramly cauud by the branch of any of the foregoing waantics or guaamecs, but such liability shall in no event include loss ofpmGf ur loss of one. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal tears by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terra, other than legal terms, including ackbo un to or deletions from the quantities originally ordered in the specification or drawings, by vabal or wrinde change order. If any such change a@ccs the amount due or the time orpadocmence hereunder, an extricable adjustment shall be made. 6. TERMINATIONS. The Purchaser, may at any time by women change oNer, terminate this agreement os many or all paniom of the goods fen not shipped, subject to any equitable adinrment betwxen the mr-firs as W any work or Laterals fen in progress p.tried that the Purchaser shall not be liable for any claims for mtfcipmm profits on the uncompleted portion of the goods origin work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respecr to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or fe Seller of any archaic obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nursed within thirty (30) days fmm fe date fe change or moratorium k ordered. g. COMPLIANCE WITH LAW. The Seller wartants Net all goods sold hereunder shall have been produced, sold delivered and famished in stud compliance with all applicable laws and regulation to which the goad sre subject Em Sella shall atecute and deliver such documents n may he r e dral 1r effect or evidence .P[a.. An fws and regulations required 10 be, incorporated in agreements of fie drama. are herby, incanodded herein by fix reference. The Sella agrees m indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Prochazer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trunfer, or convey this order, or any monies due or to become due hereunder without the pdr winner or.. of Na other party. 10. TITLE The Seller womnts full, clear and uneestrided title to the Purchaser for all equipment materials, and it. fttmuhed in Panamanian, of this agreement free and clam of any, mad all lien. rnmcmus, trim di secunry inrarsl encumbrances and claims of others. ILNONWAIVER. Failure of the Paramount to insist upon start punfomana of the terms and conditions her—E false or delay On examise any rights or remedies famvided herein or by law, failure to promptly notify the Seller in the event of a French, the acceptance of or payment for goods hereunder or approval of line deign, shall not release the Seller of any of the warranties or obligations of this purchase We, and shall not be deemed o waiver of any right of the purchaser to insist upon strict performance loomfor any of on rights or remedies n od to any such gos, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or reazissim of this purchau oNer by the Purchaser operate not a waiver of any of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and rise purchaser rxogniu that in actual ec romic practice, communities washing fmm antitrust violations are in fact home by the Pamhanes. Theretofore, for good cause and m cmoidemtion for executing this purchau oNer, the Seller hereby eaquar to the Purchosa any and all claims it may now have or Numeric acquired under federal or state antitrust laws for such eventual relating to the panicular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to comet mucanforming or defective goofs by a data to be agreed upon by the Purchaser and the Seller, and the Seller therrales indicates its mortality or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Sella shall Pay all costs assoaimul with such work. The Seller shall mle+r. the purchases end its cantrazmrs of any tier from all liability and claims of any wtam resulting fmm the Performance, of such work. This relause shall apply even in the as'ent of fault of negligence of the party released and shall extend to the directors, di icars aad employees afsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is sluiced f use any design, des ice. anduca l or process covered by lever, patent trademark or copyright the Seller shall indemnify and save handless the Purchaser f any and all claims for infringement by reason of fe use of such pareard design, device, maternal of process in counsel with the mnoazt and shall indemnify the Pamhua for any ant experttu or damage which it may be obliged to pay by renwn of such infringement at any time doting the prosecution or ales the completion of the wmrk. In eau said equipment or any pan thereof or the intended tau of the goods, is in such suit held to acre irate infringement and the use of said equipment or pan 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 Lewis, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfirm,ing. 15. INSOLVENCY. If the Sella shall become imolvent or bankrupt make an assignment for the benefit of creditors, appoint a reariver or .1. for my of fe Sellers property or business, this under may Rudiment the canceled by the Purchaur without liability. 16. GOVERNING LAW. The definition ofit. used err the interpretation of fe agreement and the rights ofall ponies beramder shall be construed coda and governed "a funs of the State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work heeunda, including the services of sellers Represenaficadd, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry era said work or Sellers own risk card the same is holy .,]arm and accepted, and shall, in rase of any accident destruction or injury to the work marlin matmeds before Sellers final completion and azceptatce, complete the work at Sellers own expcue and to the mnsfaion of the Purchaser. When materials and equipmml are f rmuhed by others fro installation or eremom by the Seller the Seller shall deceive, unload, store and handle same at the site and become responsible therefor m though such dutmals not equipment were being famished by the Seller anda Nc order. 18. INSURANCE. The Seller shall, at his own expetem, provide for the payment of workers compensation, including occupational disease benefits, to its employees emplayed on or in connection with the work covered by this purchase order, andior to their dependents in accordance with the lows of the state in which the work is ro be done. The Seller shall also tarty comprehensive general liability including, but rat limited to, commented and automobile public liability insurance with Family injury and death limits of at least 5300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,t1011. The Sella shall likewise reclaim his contractors, if any, w Provide for such compensation and insurance. Before any of the Sellers or has containers employees shall do any work upon the premise of others, the Seles shall famish the Purehaur with a certificate Rod each compmaetim and inmmtt have tan Provided. Such cenifica ss shin specify the erne when such compensation and inurance have bean pms;ded. Such certificates shall specify the date when such compassion and insurance expires. The Seller agrees Net such compensation and insurance mall be maftafM until after Na entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nsumce the andire responsibility and liability for any and all damage, loss or injury of any kind or came, whatsoever to persons or property caused by or resulting from the execution offe work provided far in this purchase order or in camection herewith. The Sella will indemnity and hold hairless the Purchases am any r all of the Pachssers officers, agents and employees fmm and against any am all claims, leaves, damages, charges or expenses, whether direct or indirect and whether to person or property, to which the Purchaser may be put ur subject by reason of my at azliaa nedm, omission of default on the part of fe Sella, any of his conuacmrs, or any of the sellers or matrazrors of erns, agents or employees. In eau any suit or other proceedings shall he brought against the Purchaser, or its ofTca , agents in employees in my lime on woman or by reason of any act acGom reeglm, otmsslan or default of the Seller of any of his mnaecmrs or any of its or their Of ficers, an. or employers as aforesaid, the Seller hereby agrees to assume fe defense fereof and to defend fe same ache Sellers own experae, m pay my and all costs, charges, attomrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Producer 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 pro erry of the Fraction, or said parties in or in a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors stall take all safety precautions, famish and intill all goad necessary for the prevention of accidents, comply with ell laws and regulation with regard to safety fduding, but without limitation, the Occupotiaml Safety and Health Air of 1970 and all rules and co olaton issued pmmmt therein. Revised O7n014