HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 9150225City of
/ 11 ft Collins
Date: 01/13/2015
Vendor: 114084
EXPRESS SERVICES INC
2850 MCCLELLAND DR #1100
FORT COLLINS CO 80525-2576-
PURCHASE ORDER
PO Number Page
9150225 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered - Price
Blanket Order 1 LOT LS 4,000.00
Temporary Personnel Services
cover the cost of temporary office personnel for
fiscal year 2015. All services shall be approved
by City Operation Services department only.
All invoices should include the description of
the position provided plus dates of service.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
2 Blanket Order
Temporary Personnel Services
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.mm
ilvelt I&I
4,000.00
Total $8,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt f state and twat uses. Our Exemption Number is
11. NON WAIVER.
984 502. Federal Excise Tax Exetrmtim Cenificate of Registry 846000587 is registered with the Collector of
Failure of the Purchaser in insist upon suitst performance of the terms and coditiom hereof, far'1ure or delay to
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 197I, Chapter 3926, 114 (a),
exercise any rights or remedies provided herein or by law, failure w pmmuly ratify the Sella in He event of a
breach, the xmlands ofor payment for goods hereunder at appmad of the designs shall not release the Sella of
Goods Related. GOODS REJECTED due re. failure to meet sparificown , either whet shipped or due W defe es of
any Of the wsuantia or abligura m of Nis purchase under and shall Fuel be deemed a waiver of any right of the
damage in transit, may be resumed to you fir credit and are not to be rtplxed except upon receipt of wrinm
Forehead in insist upon stria performance hermfor any of its rights or mnWies m to envy such goods, regardless
instructions firm the City of Fart Collins.
of when shipped, carried! or accepted, m to any Friar m aubaequmt default hereunder, nor shall any poryond
oral modification or rescission of this purchase order by the Parchment operate m a waiver of any of the terms
Inspection. GOODS are subject W the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandisq services or equipment in response W this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
Sella and the Purchaser recognise that in actual economic practice, overcharges resulting firm antitrust
ACCEPTANCE is dependent upon completion fall .,,liable required imparir.procedures.
violations are in fact home by the Purchaser. Theretofore, fogood came and as consideration for amount, this
purchase Order, the Seller hereby msigm to the Pumhmer any and all claims it may now have or hereafter
Freight Tents. Shipments most be F.O.B., City of Fon Collins, ]ILO Wood Sr, Fon Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
Otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser parson to this purchase order.
bill must accomanv invoice. Additional .harem for Packing will not be accrued.
Shipment Distance. Where manufachuds lave dislribming points in varions parts of the country, shipment is
radiated from the meat distribution paint W destination, and excess freight will be deducted from Invoice when
shipmms are made from grater distance.
Permits. Seller shall procure at sellers sale cost all era., permits, di ifata and licensor central by all
applicable laws, regulations, oNiwnces and ales of the state, muniripality, ration, or political subdivision where
the work is pM meted, or unnamed by envy other duly constituted public authority haaid,junadicdon over the work
of veador. Sella fuller agrees re. hold the City of Fart Collins huraft. from and against all liability and lass
incurred by them by reason of an mimed or esublished violation of any such laws, regulation, and .... cm, ales
and requirements.
Authorization. All panics W this contract agree that the representatives arc, in fact, Was fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance W me toms and conditions stated
haein set forth and any supplementary or additional terms and conditions annexed hereto Or ..,.,died herein by
,.feature. Any additional or different terms and conditions proposal by seller are objected to and hereby related,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to drive on year
promised delivery date as anted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the docurnam attached harem. No acts of the Purchasers including, without
limitation, acceptance rf partial late deliveries, shall operate as a waiver of this provision. In fie event of any delay,
the Purchaser shall have, in adilma re. other legal and equitable undies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall net be liable for damages m a result of delays
due to wares not Miserably firmadble which are beyond its reassemble m anal and without its fault ofwgligarm,
such sers ofGM. acts of civil an military authorizes, g wommenul priorities, fires, Mikes, Bond, epidemic, wars or
room provided then notice of He conditions coming such delay is given W the Producer, within five (5) days of the
dire when the Sena first received knowledge thnmf. In the emm of any such delay, the aide of delivery shall be
examd for me period equal W the time wmW ly lost by reason offl a delay.
d. WARRANTY.
The Sella warrants than all good, anicla, materials and work covered by this order will conform with applicable
drawings, specifications, samples .We, Mod descriptions give., will h fit for the purymes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold me purchaser harmles from any loss, damage re expense which the
Purchaser may suffer or incur oa area. of me Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of
time as may be prescribd by law or by the terms of any applicable warranty provided by the Seller after the date of
aweptance of the goods famished hereunder (acceptance not to be unremoably delayed), resulting from imperfect
or defective work done or materials humisund by the Seller. Acceptance or use of goods by the Pumhmer shall not
consume a waiver of any claim order this wormmy. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend W all damages pmximauly caused by the breach of any of the foregoing warranties
of gammas, but such liability shall in no event include loss of profits or loss of vet. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGATsTERMS.
The Purchma may make changes to legal terms by written change under.
5. CHANGES IN COMMERCIAL TERMS.
The Purchuse, may make soy changes to the terns, usher thin legal rams, including additions to or deletions firm
me gwo rifes originally ordered in she sped icatiom or drawings, by annual re wnnm change order. If any such
change affects me amount due or me time ofperfonnmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Forehead may at any time by written change over, terminate this agreement m to any in all pmhom Of me
goods then not shipped, sobjer, many equitable adjusment between the parties m to any work or Fort then in
progress provided that the Purchaser shall not be liable for any claims far anticipated profit on the uncmnpletd
portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
V. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is
added.
I. COMPLIANCE WITH LAW.
The Seller ware is mat all goods sold hereunder shall have been produced, sold, delivered and famished in sad
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such documeam Or may be required W effM Or evidence compliaxe. All laws u i ff c atiom required as be
incorporated in agreements of iris diameter are hereby incorporated herein by this reference. The Sella a rom to
indemnify and hold the Funchaur harmless fora all costs and damagm suffatd by the Porehasd m a result of the
Sellers failure W comply with such law.
9. ASSIGNMENT.
Neither party shall assign, magi or Marcy this aner, or any monies due or to become due hereunder without the
prior written consen, of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricoed title to the Purchaser for .11 cqcaptured, materials, and items famished
in peefoma mm of this agreement, free and clear of any and .11 tarns, restrictions, reservations, security interest
ewumbrmi and claims of.,hers.
Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I fthe Purchaser directs the Seller W correct nonconforming or detective goods by. dine to Is, agreed upon by the
Purchaur and the Sella, and the Seller do ra er indiates its ivbiliry ar unwillingness W comply, me PurcM1mer
may cause the work W he performed by the most expeditious means available to it. and the Sella shall Pay all
ass asswiatW with such work.
The Sella shall release the Purchaser and is contractors of any tiff firm all liability and claims of any retort
resulting from the performance ofsuch work.
This relax shall apply even o the event of fault of ncgligeace of me pant released said shall extend to the
directors, olTttrs and employes of such parry.
The Settees contractual obligations, including warranty, shall not be domed to be, reduced, Or any way, became
such work is performed or caused to he performed by the Purchaser.
14. PAT'ENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reamn of the use of such patented design, device, material or process in connection with the contract, aid
shall indemnify the Purchusa for any cost, expense or damage which it may be obliged W pay by motion of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any Pan thereof or the intended me of the goods, is in such suit held to constuate infringement and the use of
said equipment or pan is calcined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser due right to connote using said equipment or pans, replan the same with substantially equal but
noniefringiog equipment, or modify it s r it becomes rwninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or hmdmpt, make an .ssitioned for the benefit of creditors, appoint a
offiffeer or
comma for any of the Sellers property or business, this order may foMwia be canceled by the
Purchases without liability.
hu GOVERNING LAW.
The definition of,,. Pied or the intff,dra ion ofthe agreement and me rights ofall parties hereunder shall be
camtrud under and govaaed by the laws ofNe Spite rfC.I m e, USA.
The following Additional Conditions apply only in dears where the Seller is W perform work haeundeq
including the savers of Sellers Reprod ativem), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall emry on said work at Seller's own risk until the same is fully completed and accept!, and shall,
in se of any accident, destruction or injury to the work mi materials before Seller's final completion and
acceptance, complete me work at Seller's own expense and to me satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by me Seller, the Seller shall receive, orlwd,
store and handle same at the site and become responsible therefor as though such matfflals wraps, equipment
were beings ishd by de Sella under the order.
IS. INSURANCE.
The Sella shall, in his own expense, provide far the payment of workers Mmpensatio4 ocluding occupational
disease henefim, to is employees employoft em or in .OnFort. with the work covered by this purchase order,
dorm to their dependents in accordance with the laws of the spite in which the work is to be done. The Seller
shall also arty comprehensive General liability including, but not limited W, concoacmal and automobile public
liability insurance with bodily injury and death limits of a1 lawn S300.000 for any one Persa., S50o.O0o 6r any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and monomer. Before any of me Sellers or his mntranon
employees shall do any work upon the premism of others, HeSeller shall famish the Purchaser wim a certificate
that such campenaxtion and insurance have ban provided. Such edtifiara shall specify the date whim such
compensation and insurance have been provided. Such certificates shall specify the date when Such recuperation
and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the
entire work is completed and accepted,
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, Ins or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order at in connection herewith. The Seller will indemnify and hold hammless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
Flanges or expenses, whether direct or indirect, and whether an persons or prepaty to which the Purchase may
he pm a, subject by reason of any act acdo4 neglect, omission or default on the part Fifth, Seller, my of his
contractor, many of me Sellers or contractors officers, agents o, employers. In cam my stun or other
proceedings shall be brought against the Purchaser, or its officers, agents an employees at any rime on account in
by remain of any act, action, nodes. omission or default of the Sella of any of his contractors or any of its or
than officers. agents or employees as aforesaid the Seller hereby agreed in assume the defame thereof and to
drfend the sax at the Sellers own expense, to pay any and all rusts, chargm, anomeys fees and other expends,
any and all judgments that may be induced by or abaiaed against the Portland or my of its or their officers.
agents or employees in such suits or other proceedings, and in dire judgment at other liea be placed upon or
obtained against the pmpmy of the Pumhmcr, or said parties in or as a cult of such suits or other pmcernirl
the Seller will a once come the same 1. be dissolved end discharged by giving band m ohewies, The Sella and
his contractors shall take all safety precautions, famish and install all guards necmary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limiaton, the
Occupational Safdy and Health Ad of 1970 and all ales and regulations issued pursuant thereto.
Revised 07a014