HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9143111Fort Collins
Date: 0110512015
Vendor: 114084
EXPRESS SERVICES INC
2850 MCCLELLAND DR #1100
FORT COLLINS CO 80525-2576
PURCHASE ORDER
PO Number Page
9143111 1of2
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: 06/04/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 ADDENDUM TO PO #9143111 1 LOT EA 4,118.40
IT FRONT DESK TEMP SVCS
ADDED PER M.CARR EMAIL DATED 1/5/2015. -EC13
PER 7418 TEMPORARY PERSONNEL SERVICES -GENERAL CONTRACT WITH EXPRESS.
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:
W.K1i9
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAES.
Tax exemptions. By statute the City of Fort Collim h exempt from stain and local rues. Our Exemption Number is
11. NONWAIVER.
98-0 502. Federal Excise TaxExemption Castilian,of Registry M-600058] a registered with tM Collector of
Failure of the Purchaer in insist upon strict performance of the terms and communist hereof, Gihue m delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sautes 1973, Chapter 39-26. 114 (a).
exercise any rights or remedim provided herein a by law, failure m promptly notify me Seller in me event of a
breach, the acceptance afro payment for goods M rauder or approval ofine design, shall not release me Seller of
Goods Rejected. GOODS REJECTED she to failure in men specifcatiom, either whin shipped or due in defects of
any of the wermaties or obligations of this pomhzse, order arod shall not be deemed a waiver of my right of the
damage in transit may M returned to you for credit and are not to be replaced except upon receipt of wnten
pormhoser to insist upon strict performance hereof or any of its rights or remedies in many such goods, regardless
instructions from the City offort Collins.
of what shipped, received or accepted, as to any prior or subsequent default heeundm, me shall any putponed
oral tnndifiation or rescission of this purchase order by me Purchaser operate as a waiver of my of me terms
Inspection. GOODS are subject to the City of Fort Collins inspection on ancient.
hereof.
Final Acceptance. Receipt of the roahandire, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authomed payment on the part of me City of Fort Collins. However, it is to be uMcrstoed that FINAL
Seller and the Purchaser recognae that in actual economic practice, o erche'a weadmig from amimor
ACCEPTANCE is dependent upon completion of all applicable mluiid inspection procedures.
violations are in fact tome by the Purchases. Therrrafore, for good cause and as mnsidemnon for raccoon, this
puminew order, she Seller hereby assigns m me Purchase any and ell claims it may now have or Mrezther
Freight Tam¢. Shipments most be F.O.E., City of Fon Collins, Taft Wood St, Fort Collins, CO 80522, unless
acquired under federal m same antitrust laws for such overcharges misting to the particular goods a slices
otherwise specifd on this order. Ifpermission is given m prepay freight ad clohge separately, the original freight
pmclasd m acquired by the Purchaser pursuant to this purchase order.
bill mast wale any invoke. Additional charge for asking will not M accepter
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where camufmnans have distributing parts w venous parts ofine country, shipment is
Ifine Purchaser dime, the Seller to coned aonconfanning or defective goods by a date on M agreed upon by the
expected from me crest distribution paint to datimtion, and excess freight will be deducted from Invoice when
Ruchasm and IM Sella, and me Seller ehereRer audience its inability or unwillingness a comply, me Pumho er
shipments are made from greater distance.
may cause der work to M performed by the most expeditions means available an it, and the Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, artifiente and license required by all
applicable laws, regulations, ordinance and roles of the sure, municipality, territory or political subdivision where
the work is ali rated, or required by any other duly comforted public authority having jurisdiction aver the work
of vendor. Seller further agrees to hold the City of Fan Collins hamiless form and against all liability end loss
incurred by them by reason of an assaned or established violation of my such laws, regulations, ordinanas, rates
and requirements.
Auturivation. All panics in this contact agree that me representatives are, in fact, tom ride and possess full and
complete authority to bind said pareirs.
LIMITATION OF TERMS. This purchase Orden expressly limits acceptance to the teen ond conditions stated
herein tit forth and any supplementary ar additional terms and condition amcxed hew or incaryaraned hereby by
tference. Any additioml or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you .nnm make complete shipment to active on your
promised delivery date res noted. Time is of me asseree. Delivery and performance mast be a@aed within me time
stated on the purchase order and me documents attached herein. No acts of me Purchase including, without
limitation, acceptance of partial lam deliveries, shall wrow as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition in other legal and reparable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damage in a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeml or military authorities, governmental priorities, fires, stakes, flood, epidemics, wars or
fiats provided that notice of me conditions causing such delay is given to me Purchaser within five (5) days of me
time when the Sella food received knowledge thereof. In me event of any such delay, me date of delivery shall M
extended for the period ywxI to me time actually lost by reason of me delay.
3. WARRANTY.
The Seller warn as that all goods, mieles, materials and work reveal by this order will conform with applicable
dawings, spmifi.tions, couples and/or other descriptions given, will be fit for the puToses intended, and
pert ed with me highs. degree of care and compet. in accoNaac, with accepted standards fin wok of a
similar awe. The Sella agrees in Mid the purchase bmmlet from my loss, damage or expense which the
Purchaser may suBtr or incur on account ofilm Sellers breach of warranty. The Seller shall replace, repair or make
good, without costa me purchaser, my defects in Parts assng within one (p year or within such longer paid of
time as may M priewnbed by law m by me etas ofany applicable wstsmty provided by the Seller after me date of
acceptance of me goods furnished hereunder beempearre not to M communicably delayed), resulting from Imperfmt
or defective work done or materials famished by me Seller. Acceptance or use of gods by the Purchaser shall or
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sella
liability hmeunder shall extend to all damages proximately caused by me breach of any of the foregoing warranties
or guarantees, but such liability shall in on event include loss ofpmfia or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tams by whom change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchase may make any changes o the tames, other flan legal terns, including additions m or deletions form
me qumti i. migim illy ordered in the specifications err dru aii,s, by verbal m en change order. If my such
change alTecis the arrow? due or me time ofperformmce Meander, an equitable adjuummt shall M made.
6.TERMINATIONS.
The, Purchaser may an any time by winter change cola, terminate this agreement as to any or all portions of me
goads then not shipped, subject o any readable adjustment between the parties as to any work or materials then in
progress provided mat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and mar no such adjustment be made in
fawn of the Seller with respect to any goods which we me Sellers standard stock. No such Irradiation shall relieve
the Purchaser or the Seller many of their ablutions as many goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most M worried within miry, (30) days from the date she change or mwimtion is
oNertd.
8. COMPLIANCE WrfH LAW.
The Seller wamnts that all goods said hear tt shall have been produced, sold delivered and famished in strict
compliac with all applicable Iaws and regulations On which the goods me subject TM Sella shall execute and
deliver such domenene, as maybe taloned to effect or evidence compliance. All laws wood regulations rmryin d m M
incotposai d in agreements of this element, are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser Macias from all costs and damages sufioed by the Purchaer as a result of the
Sellers failure to comply wit such law.
9. ASSIGNMENT.
Neither parry shall assign, beat or convey this order, or any monies due or to become due hereunder witham me
prior written Comm? of the other party.
10. TITLE.
The Sella ware nts fall, clear ad unmtrioed title in me Purchaser for all equiprct materials, tad items furnished
in pmfow ce of this agreement flee and clear of my and all ne, retractions, reservations, smuny interest
mcumbt act wind claims ofomers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any home
resulting from tar par<wance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, office and employees of such party.
The Settees contractual obligations, including watrenty, shall cat M dcmd to be reduced, in any way, bmatue
such work is performed or caused to M performed by flue Pmrchems.
14. PATENTS.
NTenever the Seller is required to use my deigq deice, note ial m process revered by later, patent, rmdemark
m copyright the Seller shag indemnify and save harmless me Purchase from my and all claims fin arrangement
by remain of the use of such pommel design deice, masenal or process in connection with the contact card
shall indemnify me Pacbaser fin my mst expense or damage which it may M obliged to pay by warma ofsuch
infringement at my time during the prosecution or after me completion of me work. In are said rquipment or
any pun mrreof or me imendd once of the goods, is in such soil held to emmima latamamem ad the sex of
said equipment or For, is mjoind, the Seller shall, at its own expect and at its option, either procure for the
Purchaser me right 10 continue using said yimpment Or pans, replace the same with substantially egml bur
noninfnnging rquipment, or modify it so it becomes no unfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or hahfpt make an assignment for rise benefit of creditors, appoint a
receiver or trustee for any of me Sellers property or business, this order may forthwith M canceled by tar
Pumhaser without liability.
I& GOVERNING LAW.
The definitions ofee. used or me interpreted. nf?he agreement and da, rights ofall plies becomes shall the
.mooed under and gommcd by the lawn ofine State W'Ci lomdo, USA.
The following Additional Conditions apply only is oases where me Seller is to Pa wok bounder,
including the service of Sellers Reptesentative(s), as me premise ofomcrs.
17. SELLERS RESPONSIBILITY.
The Sella shall carry an said wok at Seller's own risk until me same is fully completed and accepted, and shall.
in now of my accident, destruction or injury to the weak ardor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of me Purchism. When materials
and uNipmena are famished by others for installation or erection by the Sella, the Sella shall receive, unload,
store and handle same at me site and became responsible therefor as though such co terms arbor equipment
were being fumuhnd by the Seller undo me order.
18. INSURANCE.
The Sella shall, al has own expense, provide for the payment of workers curn,werectim, including occupational
disease Martins, to its employees employed on m in connection with Ore wok covered by this purchase order,
solver to men dependents in sccaNawe with dw Iaws of tar state m which tar wok h m M dare. The Seller
shall also arty comprehensive general liability iwlWin& but not limited in. commercial and ao eambile public
liability inommee with bodily injury and mach limits of in last 53W,000 for any one perms, 5500,000 fin my
one accident and property damage limit Fir accident of 5400,tpo. The Sella shall likewise require has
contractors, if my, to praise for such compensation and insurance. Before my of she, Sellers or hh.mrartom
employees shall do my work upon the premises of others, me Seller shall furnish the Furtherer with a cemifcate
Nat such compasation and insurance have been provided. Such certificates shall specify the data when such
compensation and insurance have been provided. Such certificates shall specify me dine when such compensation
and insurance expires. The Seller agrees than such compensation and imarance shall M maintained until after the
came wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and liability for any and all damage, has or injury ofany kind
or nature whatsoever to persons or property, caused by at resulting from the execution ofine work provided for in
this purchase order or in connection herewith. The Seller will naturally and hold harmless she Purchasm and my
or till of the Purchase officers, agents and employees from and agurnso any and all claims, losses, damage,
charge or apemen, whether direct or indirect and whether to Famous err property to which me Purchaser may
M put Or subject by reason of my act action, neglect, omission or default an the pan of the Seller, any of his
contractors, or my of the Sellers or maasctars officers, agents or employers. In rise my suit or other
proceedings shall M brought against the Purchase, or its ogee, agents or employes at my rime on sera. or
by reason of my act action, region, omission or default of the Sella of my of his contractors or my of its or
their officers, agents or employees as aforesaid, she Sella hereby agrees to assume the defense thereof and to
defend me rime aI me Sellers own expense, to pay my and all casts, charge, anomeys fees and omen expcnsrs,
any and all judgments that maybe incurs by or obtained against me Parchuer or any of its or their officers,
agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained againa the property ofthe Purchase, or said parties in or as a result of such was or other proredlogs,
the Seller will at once cause me same to M dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety pmautiom, fiunish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with reganl to safety, including, but without limitation, m<
Occupational Safety and Health Act of 1970 and all roles and regulation issued pmsuml themo.
Revised OM014