HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9146982Fort Collins
Date: 11/26/2014
Vendor: 114084
EXPRESS SERVICES INC
2850 MCCLELLAND DR #1100
FORT COLLINS CO 80525-2576
PURCHASE ORDER
PO Number Page
9146982 1012
This number must appear
on all invoices, packing
slips 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 Buver: WILSON. JILL
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
i WEEKLY HR TEMP STAFFING 1 LOT LS 7,000.00
PSA 7418 for 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@fcgov.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 Tends and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registdcA with the Called., of
Internal Revenue, Deavq Colorado (Re. Colorado Revised Sumter 1973. Chapter 39-26,114 (a).
Goods Rejected. GOODS Bill due to failure to meet specifications, cllher when shipped err due ro defem of
damage in transit, may h mumed to you for credit and are not to be replaced except upon receipt of wrinen
instructions from the City of Fort Collins.
Iospmtim, GOODS arc subject to the City of Fort Collins inspection on erns.).
Final Acceptance. Receipt of she merchandise, services or equipment in rsponse W this order can result in
authorized paymiml on the part of the City of Fort Collins. However, it is to be understood than FINAL
ACCEPTANCE is dcpcndent upon completion of all applicable required iapsaion pro achums.
Freight Terms. Shipments most be F.O.B., City of Fiat Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise sped led on this order. Upermission is given to prepay freight and charge separately, the original freight
bill mast accompany invoice. Additional charges for lacking will not be accepted.
Shipment Distamc. Where manufacturers have distributing points in vaido, now of the country, shipment is
expected from We concert distribution point to datimtions and excess freight will he deducted fmm Invoice when
shipments me made been geld distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificams and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority havingjurlsdiction over the work
of v-do,, Seller further agrees to hold the City of Fon Collins broadest, from and against all liability and loss
incurred by them by reason of an asserted or aublished violation of my such laws, regulatiorss, ordiwntts, cola
all requirements.
Authoduation. All parties to this commet agree Wat the representativex art, in fact, bow fide and possess full and
omen authority m bind said panics.
LIMITATION OF TERMS. 'cols Purchase Order expressly limits acceptance to the terns and conditions anted
herein set forth and any supplementary or additional arms and conditions annexed hereto or incorporated herein by
re deuce. Any additional or diRerem terms and conditions proposed by seller are &jeered to and Firmly ajectM.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Hyena modal make complete shipment to drive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be efIIcled within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision In the event of any delay,
the Pumhaser shall have, a addition mother legal and equitable rtmNies, the option affluent, this order elsewhere
and holding the Seller liable far damages. However, the Sella shall nut h liable for damages s is result of &days
due an mesa tort reasonably fits able which art beyond its reamwble mmml are without its fault of negligence,
such acts ofGod, acts ofcisil or military anfirmitia,,co emmenral Frictitie, fins, strikes, Rood, epid eftes. wars or
riots provided that notice of the conditions musing such delay is Rivera as the Purchae, within five (5) days of the
time when the Seller first received knowledge thereof In the evens of any such delay, the date of delivery shall be
extended foals, Had equal to the time actually lost by mason Of the delay.
3. WARRANTY.
The Seller wamnts that all goods, articles, materials and work covered by this maker will conform with applicable
dmwicul specifrcatiow, samples andlor other descriptions given, will be fit fur the purposes intended, red
performed with the highest degree of care and compttence in accordance with accepted standards for work of a
imilar worm. The Seller agrees to hold We purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of We Sellers breach of wamenty. The Sella shall replace, repair or make
good, without cast to the purchaser, any (Iefeca or faults mixing within one (1) year or within such longer perimd of
time as, may be prescribed by law or by the tears of any applicable warenry provided by the Seller after the date of
amepaoce of the goods marshal hereunder (acmpnmrtt not to be, unseasonably delayed), reading fixers imparted
or defective work dome or reatefioB furnished by the Seller. Acceptance or tau of goods by the Purchase, shill.1
nsfinne a waiver fdry claim under this wmmn y. Excepts otherwise provided in this purchase order, the Sellers
liability hercundd shall extend to all damages Proximately caused by the breach of any of Ran foregoing wartavties
or guvanmes, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal mars by isnuen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any Changes to the turns. other than legal terms, including addifions to or deletions from
the quantities originally makemd in the specifications or drawings, by verbal or written change order If any such
change aliects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any time by wrom change under, terminate this agreement or m tiny or all portions of the
goods then not shipped, subject to any equitable adjustment between the panic as In any work or materials then in
pmgss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
p ition of the goods author work, for incidental or consequential damages, and that no such adjustment he made in
favo, of the Seller with respect la any goads which i m the Sellers standard stock. No such temrinmion shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the dam the change Or uncommon is
ordered.
%.COMPLIANCE WITHLAW.
The Seller warrants that all goods sold hereurad shall have been produced, sold, delivered and famished in strid
compliance with all applicable laws and regulations an which the goods arc subject. The Seller shall execute and
deliver such document: as may be required to effect or evidence compliance. All laws and regulations regawf to be
incorporated in agreements of this charadd are hereby incorporated herein by this reference. The Seller agres to
indemnify and hold the Purchaser hmmlcss fiom all rases end damages suffered by the Purchaser as a raWt of the
Sellers failure 0 comply win such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prom, written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unsestrictul title a the Purchaser for all equipment, accidents, era items famished
in performance of this agreement free and clear of my and all Berms, restrictions, resenauons, interim,intact
mcumbmncaand claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay an
any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the aexpand, ofor payment for goads hddical or approval ofthe deign, shall w1 release the Seller of
any of the anomalies Or obligations of this porchase order err& shall rat be demred a waiver of any right of the
Purchaser to insist upon wrier performance hertofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hemunder, nor shall any purparred
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and We Purchaser recognize that in actual m.w Practice, overcharges malting fmm scram t
violations are in fact home by the Purchaser. Thernofore, for good cause and as consideration for executing this
purchase order, We Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter
acquired order, federal or state antitrust laws for such overcharges relating to the Wrlicelar goods or slices
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs We Seller to correct tmnmnmerning or defective goods by a date in be agreed upon by the
Purclarser ma the Seller, and the Seller thereafter indicates its inability cr unwillingness to comply, the Purchaser
may mare the work to be performed by the most expeditious means available to it, and the Sella shall pay all
wars associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This relcxsd shall apply even in We cent of fuel, of negligimce of the party relmad mad shall extend to the
directors. ORcas and employees of such parry.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, bdaare
such work is performed or caused m Fe performed by the Purchaser.
14. PATENTS.
Whenever the Sella 6 required to use any design, device, material or process covered by lane, Patent, bademark
or copyngh, the Seller shall indemnify, and save harmless the Purchaser f any and all claims for infringement
by rut n of the use of such patented design, device, material or process to connection with the ..is, trial
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged a pay by reason of such
infringement at any time during We prosecution or after We completion of the work. In case said drummed, or
any Pan thereof or the intended use of the goads, is in such .it held to constitute infringement and the use of
said dluipment or pan is mounted, the Seller shall, at its own expense and at its Option, either procure for the
Purchaser the fight to continue using said equipment or pan, replace the same with substantially equal but
manufacture, equipment, or modify it so it boundaries noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent a hankmpr, made an assigmerat for the benefit of crethrors, appoint a
receiver m mmee for any of the Seller property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNMG LAW.
The definifiors oftems used or the interpretation aftee ageement and the rights of all parties hadeader shall he
construN under and gaveled by hie laws of We Sate nfC.I.d., USA.
The following Additional Conditions apply only w cases where the Sella is to perfumer work hereunder,
including the services of Sellers Represenative(s), en the premiss oforls,
17. SELLERS RESPONSIBILITY.
The Seller shall wary oa said work at Sellers own risk unit the same u fail, mmplaed and accepted, and shall,
in rase Of any accident, datmc6mn or injury to the work ardor maenads before Sellers fcal completion and
acwptmm, complete the work m Sellers own expense ma m the satisfaction of the Purchnser. \Vben materials
and at,. arc furnished by others for installation or erection by the Sella, the Sella shag weraw, unload,
store and handle same at the site and become onponsthle therefor as though such materials anchor equipment
were being famished by the Sella under the maker.
18. INSURANCE.
The Sella shall, at has own expense, provide for the payment of workers compenarion, including ovar bowl
disease bandies, m its employes employed on or in connection with the work covered by this Powlesse order,
andlor to Weir dependents in Accordance with the laws of the sate in which the work is as be done. The Sella
shall also wary comprehensive general liability including, but Out limited m, mntmctwl and nutmnobile public
liability insurance with bably injury and death limits of at least S300.OW for any am person, SSW,WO for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise rryvim his
contractors, if any, to provide for such compensation and uniumacc. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish hie Purchaser with a certificate
cant such compensation and insurance have ban pmvided. Such cerfi0canes shall specify We daze when such
compensation and insurance have hen provided. Such mnificates shall specify the date whim such compensation
sM insurance expires. Thc Seller agrees eat such compensation and insurance shall h mainawed.11 after the
entire work is mmptded and rec"Od.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire resp rramilily and liability for any and all damage, loss or injury of., kind
or velum whatsoever m Fromm or pmpmy named by or resulting floor the execution of the work provided for in
this Purchase order or in connection herewith. Thc Send will iMemviry and bald hvmleas the Purchaser and any
or all of the Purchasers officers, agents end employees form bad again, my ate all claims, losses, dam l
drat,, or expereaaes, whether direr at iMired. and whether to persons Or property to which the Purchaser may
be put or subject by reason of my an, action, neglect, omission or default on the pod of the Sella, any of his
contractors, or any of the Sellers or contractors dicers, agents or employes. In case any soil or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any I'm on account or
by reason of any Act, He., neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Sella hereby agora or assume the defense thereof and In
defend We same at the Sellers own expense. as pay any and all ema, charges, anamcyx fees and other expared,
any aM all judgments that may be inured by or obawed against the Purchased of any of its or their olBcen,
.,cots or emplayers in such suits or other prottedwgs, end in cast Forgotten, or other lien be, placed upon fir
obtained against he frequency ofthe Purchaser, or said panics in or as a result ofsech 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 contracts shall take all safety precnutlons, Boorish and instill all guards necessary for the prevention of
accidents, comply with all laws and injudicious with regard to safety including, but without limitation, hie
Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant thercm.
Revised 0712014