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HomeMy WebLinkAbout514019 VOLT MANAGEMENT - PURCHASE ORDER - 9150281Fort Collins Date: 01/14/2015 Vendor: 514019 VOLT MANAGEMENT CORP FILE #53102 LOS ANGELES CA 90074-3102 PURCHASE ORDER PO Number Page 9150281 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: 01/13/2015 Buyer: WILSON, JILL Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR, DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 VOLT -IT TEMP STAFF BLANKET PO 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 1 LOT LS 11,000.00 11 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. COMMERCIN.DEFAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from were and local uses. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Callecmr of Failure of the Purchaser m insist upon stun performance of the terms and conditions hereof, failure ar delay m Internal 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 partly the Seller in he event ofa breach, be acceptance arm paymem for goods hereunder or approval of the design, shall notrelace the Seller of Gwds R jetted. GOODS RD ECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in rcansiS may be rerumed m you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or readies in to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or imperial, as to any prior or subsepi default Instrument nor shall any, railroad coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the turns Inspection. GOODS arc subject m the Ciry of Fort Collins impaction on arrival. hereof. Final Acceptance. Receipt of the nominalist, services or comparator in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. spherical payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL Sella and the Purchaser recognin that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE in dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser Theretofore, far good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Swisher Freight Terms. Shipments most be F O.B., City of Fort Collins, 700 Wood St., Pan Collins, CO 80522, unless acquired under fderal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge uparmely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for poking will not be accepted. Shipment Distance. Where manufacturers have distributing points in vaims pans of the country, shipment is expected from the nearest distribution an to doorration, and excess freight will be deducted from Invoice when shipments are made from greater disunee. Permits. Seller shall procure at sellers sole cost all necessary permits, mnificmes and licenses poquired by all applicable Linn, regal i icm, ordinances sad to, of the stem, municipality, name, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Call ins harmless farm and against all liability and lass incurred by them by reason of an asserted or esr ibli,m] violation of arty such laws, regulations, ordinances, roles and requirements. Authorvmiou. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete sullcriry to bind mid paria. LIMITATION OF TERMS. This Purchase Order expressly limits eccepunce ro the team and conditions sated herein set forth and any supplementary, or additional tera and conditions warval hereto or iaorpomtd herein by reference. Any additional or different tames and conditions proposed by seller are objected ro end hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immemately if you cannot make complete shipment to arrive on your prmnised delivery date as noted. Time is of the essence. Delivery and performance ..it be effected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including without limlutio s, acceptance of pnial late deliveries, shall operate in a waiver of this provision. In the event army delay, the Purchaser shall live, in addition m other legal road equitable remedies, the option of placing this order elsewhere not holding the Seller liable for damages. However, the Sella shall not be liable for damages m a made of delays due to comes wt reasorably f x rible which are beyond its..blc control and wirhom its Foulr ofroadi8ence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Forehmer within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wareants that all goods, modes, material, and work covered by this under will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfec td wily the highest degree of care and mmpae. in accordance with reccepred staadards for work of is inilar store. The Seller agrees a Sold the purchase, harmless from any loss, damage a expense which the Purchaser may sulPer or incur on account of the Sellers breach of wamary. The Sella shall replxe, repairer make good, without cost to the Purchaser, any defects or faults nixing within one (1) year or within such longer period of time as may So proscribed by law or by the cettm of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be umeouably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim under this watmnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantces, but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changer a legal teats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal to., including additions to or deletions from the quoelites originally ordered in the specifications or drawings, by saber or written change order. If any such change attars the amount due or the time of performance hermnder, an pniuble adjustment shall be made 6. TERMINATIONS. The Purchmer may at any time by written change order, termlmare this agreement as to any or all popi wn of the good then not shippd, fidina to any ryriuble appearmt between the ponies as to any work or materials then in progress provided that the Purchaser shall root be liable fro any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or mmcquential damages, and that vo such adjustment be made in favor of the Seller with respect to any goads which cur the Sellers standard stock. No such numeration shall relieve Ne Purchmer or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msmed within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all floods sold hereunder shall have been produced, sold, delivered and fumishal in wren compliance with all applicable laws and regulations to which the goods are subject The Seller shall exaute and deliver such documents in may her required as effect or evidence compliance. All laws and regulations terminal w be incorporated in agreements of this character are hereby incopomted herein by %is reference. The Sella agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchmer in a result of the Sellers failure to comply wit such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other Arty. 10. TITLE. The SellawarranJs full, clear said mucampd title to lye Purchaser for all alapparent, matenah, and it. famished in pertc a of this agreement, Bee and chair of any and all liens, restrictions, paramount. se per, interest emumManroand claims of order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct poaconforming or defective goods by a date to be agreed upon by the Purchaser and toe Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may auae the work to be Performed by the most expeditious maim available in it, and the Seller shall PaY all casts associated with such work. The Seller shall release the Purchaser end its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shill extend to the directors, officers and employees o(such Party. The Sellers compared obligation, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rryuired to m, any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser tram any and all claims for infringement by reason of the me of such patented design, device, material or process in connection with the commets and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended me of the goods, is in such suit held to consumer infringement and the me of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right m continue ruing said equipment or parts, replace the same with substantially aloal but tmninfringing equipmmL or modify it so it harassers aoninGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, rake an assignment for the benefit of creditors, appoint it receiver or trmtee for any of the Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terra used or the interpretation of the agreement and the rights of all parties hereunda shall be compared under and governed by the laws oflye State of C.do der, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the service oFScll. Repremphove(s), on the paemism of orders. A. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly completed and accepted, and shall, in case of any accident. detraction or injury to the work andrar mmcrials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment me mouthed by others for revolution a manor by the Seller, the Seller shot[ receive, unload store and handle same at the site and become responsible therefor in though such materials andror equipment were being famished by the Seller under the order. IS. INSURANCE. The Sella shall, at his own expense, private for the payment of workers compensation, including oaupodopl disease benefits, to its employees employed on or in connection with the wok covered by this purchase order, maker to ?bar dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also Cary comprehensive general liability iucudnng, but not limited to, confactpl and automobile public liabil try insurance with bodily injury and death limits of at trou S30RW0 for any one Person, SSW,MN' for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his comments, if may, to provide for such compensation and in e. Demo, any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall famish the Purchaser with a certificate that such corm -nation and inexuarrome have been provided Such c nlfica ea shall specify the date when such ompensation and import have been provided. Such certificate shall specify lye date when such compensation and imumnre expires. The Seller agrees Out such compensation and because shall be maintained until after tad entire work is completed and aceptd. 19, PROTECTION AGARSET ACCIDENTS AND DAMAGES. The Seller hereby acsumm the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided far in this purcbase order or in connection herewith. The Sella will indemnify and bold harmless the Purchmer and any r all of the Purchasers arbiters, agenm end employees from 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 So put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of She Sella or contractors officers, agents or employees. In cam any suit or other protted p sball be brought against the Reaction, or its officers, e"an or employees at any time on account or by reason of my act action, neglaL omission or default of the Sella of ivy of his contractors or any of its or their officers, agents or employees as aforesaid the Sella hereby agora to assume the defense minor and to defend the same at the Sellers awn expense, to pay any and all costs, thwart, summers far and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser 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 property of the Purchaser, or said parties in or m 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 shall take all safety precaotiom, famish and install all guards naessary for the prevention of accidents, comply with all laws and populations with regard to safety including, but without Initiation, the Occuptioal Safety and Health Act of 1970 and all roles and regulmi en issued pursuant thereto. Revised 07Q014