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HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9144331 (2)Fort Collins Date: 12/10/2014 Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS CO 80525-2576 PURCHASE ORDER PO Number Page 9144331 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: 07/29/2014 Buyer: ED BONNETTE Note: PER 7418 TEMPORARY PERSONNEL SERVICES -GENERAL AWARD TO EXPRESS PERSONNEL SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 REBATE HELP REBATE HELP 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 1 LOT EA 10,000.00 Total $10,000.00 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 1. COMMERCDM.DETAIIS. Tax exemptions. By smtute the City of Fort Colinas is exempt from suite and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance of the tents and cotdimans hereof, failure or delay to lateral Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 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 of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failme in meet spouriem erns, either when shipped of due to defects of any of the warranties or obligations of this practices maker and shall not be deemed a waiver of any right of the damage in transit, may be resumed m you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of 0s rights or remedies as m any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported Orel modification or association of this purchase oraka by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in aesporse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment m the pan of the City of Fan Collins. However, it is to be understand that FINAL Seller and the Purchaser recogniss Nat in moral connector practice, overcbargo moulting firm aatinust ACCEPTANCE is depend., upon completion of all applicable acquired inspection procedures. violations are in fact borne by the Purchaser. Thartuf , for goad cats, and as consideration for excreting Nis purchase order, the Sella hereby azsigns to the Purchaser any sM all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522. unless acquired unda federal or state antitrust laws far such mercharga relating to the particular goods or services otherwise specified an this order. If pemtission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufarurers have distributing points in various parts of the country, shipment is If the Purchaser directsthe Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available . it, and the Sella shall pay all sere associated with such work. Perrier. Seller shall procure an sellers sole cast all necessary permit, marifi.tes and licenses required by all appliable laws, regulations, ordinances and rules of the state, municipality, ramory or polideal subdivision when the work is performed, or acquired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins ham less Gout and against all liability and loss incurred by them by teaum of an asserted or established etiolation of any such laws, regulam as ordinance, rates and acquirements. Authairntion. All pairs to this contract agree that the representatives are, in fact, bona fide and possess full and Ltmplete authority to bind said parties. IMITATION OF TERMS. 'I'M1is Purchase Order expressly limis acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby reported. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to .rive on your promised delivery time as noted. Time is of the essence. Delivery and performance must be effected wind. to, time stated on the purchase order and the documens mttthed here.. No ace of the Purchasers including, without limitation, acceptance ofpani.] late deliveries, shall opcmte as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to over legal and ofirmble ranNim, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofneghgeme, such .,Is of God, ace all or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or Hot, provided that notice of the conditions causing 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 dam of delivery shall be extended for the period equal to the time actually less, by reason of the delay. 3. WARRANTY. The Sella warrants that all good, articles, mmerms coal work covered by this order will conform with applicable drawings, specificmimss, samples endmm other descriptions given, will be fit for the proposes; intended, and pert ed with the highest degree of.. and Pa. in accordance with incepted smndard for work of a similar nature. The Seller agrees to hold the purchaser hvmlm from any loss, damage an expense which the Purchaser moy suffer or incur on account of the Sellers breach of or m try. The Sella shall roplace, repair or make good, without cost o the purchaser, any defect or fault arising within one (1) year or within such longer', mad of time is may be prescribed by law or by the ternns of my applicable warranty provided by the Seller Her the date of mepmnc, of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of anv claim under this warrants. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pr or gumorma, but such liability shall in no event OR MERCHANTABILITY OR OF FITNESS F( 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes. legal terns by wnnm change other 5. CHANGES IN COMMERCIAL TERMS. The Purelmor may make any changes to the terms, other than legal terms, including additions to or deletions from the quantifies originally ordered in the specifications or comings, by verbal or written change order. If any such change offers the amount due or the time of performance hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. Live Purchaser may at any time by written change orde , terminate this agreement as . any or all portions of the good then not shipped, subject to any equitable adjustment berween the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted ponies. of the good andl., work, far incidental - consicu net al damages, and rear an such adjustment be made in favor of the Seller with respect to any goods which are the Sella standard stock. No such termination shall relieve the Purchaser or the Seller of.y ifthei, obligations as to any goods delivered here.da. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thbry (30) days firm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulato a . which the goods are subject. The Sella shall execute and deliver such docnm its as may be retained to all or evidence compliance. All laws and regulations acquired to be incorporated in agreements of this character are hereby incoported herein by this reference. The Sella agrees 0 indemnify and hold ne purchaser harmless from all east and damage suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shell assign, fonsfer, or convey this order, or my monies due or to home due hereunder without the prior wrimcn consent of the other parry. 10. TITLE. The Seller warrants Bill, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, face and clear of any and all Iiea, restrictions, reservations, security moment encumbrances aM claims ofodirm The Seller shall release the Purchaser and is cork.m. ofany, tier Room all Iisbinty and claims of any nature resulting from the peAbamance of such work. This release shall apply eve. in the In, of fault .1 agliS[ae of the party released and shall extend m the directors, officers and employees of such parry. The Sellers conformal obligations, including warranty, shall not he deemed. be reduced, in any way, because such work is pafomtN or caused to be performed by the purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, fodemark or copyright the Sella shall indemnify aM save homeless the Purehzser from any and all claims for infringement by reason of the use of such patented design, device, material or process in mamection with the contract and shall indemnify the Purchsser for any cost, expense or damage which it may be obliged to pry by reason ofsuch inGogement many time during ne prosecution in aBa the completion of the work. In eau said equipment, or any pan thereof or the intended use of the good, is in such suit held . constiNte infringement and the use of said comprut or pan is enjoined, the Sella shall, in its own expense and at its option, either procure fin the Purchaser the right to continue using said equipment or pits, replace the same with subs.ntially equal but noninfriraging equipment, or modify it so it becomes nouinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or boas ce for any of par Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition afters mud or the arempreta.00 of the agmement and the right ofelt parties hereuMrr shall be come nal poster sad Seemed by ore laws ofthe State cifCulmnlm USA. The following Additional Conditions apply only in eves where the Seller is to perform work hereunder, including ne entices of Sellers Represeomove(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall carry era said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury. the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall racive, unload, store and handle same at the site and become responsible thetemr as though such materials mayor equipment were heiogf ished by the Sella order the other. 18. INSURANCE The Sella shall, at his own expense, provide for the payment of workers compensation, including ..Inc.] disease benefit, to it employees employed an or in upmecion with fie work covered by this purehau order, makim, to the. dependent in accordance with the laws of the stam in which the work is to be done. The Seller shall also any comprehensive general liability including, but not limited m, command and automobile public liability insurance with bWJy injury and dean limits of at least S30I,000 for any one person, E500,00() for my one accident and properly damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificam shall specify the time when such compensation and insurance have been provided. Such.nlfi.tes shall specify the dam when such compensation aM insurance expires. The Seller agrees that such ..,.ran end insurance shall be moo mired .,it after the entire work is compleral mall accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the.tite responsibility ad liability for my and all damage, loss or injury ofany kind r nature whosoever 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 ab hold batmless the Purchaser and my r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to Persons or property to which the Purchaser may be put or subject by reason of my act action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is officers, agent or employees at any It= on account or by reason of stay act, action, neglect, omission or default of the Seller of any of his contractors or any of is or their officers, agent, or employees as aforesaid, the Sella hereby agrees to assume the defense thereof aped to defend the same m the Sellers own expense. Pay any end all mast, charges,.. I, fees and after exporaws, any, and all judgments that may be incurred by or virginal against the Purchaser ot any of it or their officers, agent or employers in such suit or other proceedings, and in case judgment or other him he placed upon or obtained against the property of the Furchoaser, or said parties in or as a resat ofsuch suit or other proceadings, the Seller will to ance cause the same to be dissolved and discharged by giving bond on otherwise. The Sella and his contractors shall take all safety precaution, fumish and assail all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07/2014