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HomeMy WebLinkAbout152500 ACCOUNTEMPS - PURCHASE ORDER - 9136885PO PURCHASE ORDER 9136885 page C117/ of PURCHASE 6885 1 of z ' `t Collins/ his number must appear ` \I " �7 on all invoices, packing sli s and labels. Date: 01/23/2015 Vendor: 152500 Ship To: ACCOUNTING DIVISION ACCOUNTEMPS CITY OF FORT COLLINS PO BOX 743295 215 N MASON, 2ND FLOOR LOS ANGELES CA 90074-3295 FORT COLLINS CO 80524-4408 Delivery Date: 12/26/2013 Buyer: PAUL, GERRY 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 3 ACCOUNTANT - TEMP 1 LOT EA 24,000.00 Add Additional Funds Total $24,000.00 I Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCDM,DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 9844502. Federal Excise Tax Exemption Cenifeate of Registry 84L 587 IS registered with the Collector of Failure of the Purchaser to insist upon strict Panamanians, of the temss and conditions hereof, failure Or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies pnvrded herein or by how, failure to promptly notify the Sella in IN, event of a breach, the acceptance of or paMem far goods hereunder or approval ofHb design, stall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what 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 Transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to most upon stria performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder, oar shall any purpaned ond modification or rescission of this purchae, order by the Purchaser operate as a waiver of any of the term Inspection. GOODS art mbjea W The City of Fort Collins inspection on arrival. hereof. Final Acceptance. Reseipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual be no is practice, overcharges resulting fro animist ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, fair good cause and as consideration for executing this Panama, area, the Sella hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Tema. Shipments most Ix F.O.B., City of Fort Collins, TUT Wood St., Fan Collins, CO 80522, unless acquired under federal at state arrommot laws for such overehanges relating to the particular goods or services otherwise specified con this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant to this purchvar order. bill must accomoanv invoice. Additional charees for tacking will not bd accemed. Shipment Distance. Where mamfossmax have distributing points in various pans of the country, shipmem is expected from the nearest distribution paint to destinations and excess freight will be deducted from Invoice when Shipments am made tram greater distance. Permits. Seller shall procure at sellers sole cast all neer a ray permits, remittal. and licenses required by all applicable law,, regulations, ordinances and roles of the some, municipality, tannery or political subdivision where the work is performed, or required by coy other duly constituted public authority having jor wherion over the work of vendor. Seller broker agrees W hold the City of Fort Collins harmless from and against all liability and loss marred by them by rezmn of an asserted or umblished violmion of any such laws, regulations, ordinances, roles andrequiremms. Autboriunion. All parties to this contract agree that the reprcxnmtives are, in fact, bona Ode and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mum and conditions stated herein set finis and any supplementary or additional term and conditions massed hereto or incantational herein by reference. Any additional or different arms and conditions proposed by seller am objected to and hecbyrejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date M noted. Time is of the essence. Delivery, and performance most be effwted within the time stated on the purchase order and rise documens attached Intent. No sets of the Purchasers including. without limitation, acceptance ofoaptil late defivcries, shall Openre res a waiver Of this provision. In The e,ad fway delay, The Purchaser shall have, in addition to other legal and equitable remedies, re option ofplacing 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 seasonable control and without its fault of negligence, such aces of God, acts ofeivil or military authorities, govemmcnml priontme fines, strikes, Rood, epidemics, wars or noes provided That notice of the conrtns coming such delay a given to the Purchmer within five (5) days of the time when the Seller Best received knowledge Himself. In rise went of my such delay, re, date of delivery, shall be extended for the anod equal to the time actually lost by reason afthe delay. 3. WARRANTY. The Seller warrants That all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or over descriptions given, will M fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a imilar nature. The Seller agrees is hold the purchaser hamlets firm any loss, damage or expense which the Purchaser may suffer or mention account of the Sellers breach of warrunty. The Seller shall replace, repair or make good, without cost to the Purchaser, any defects or faults onsing within one (1) year or within such longer period of time as may be prewnbod by law -by the terms of any applicable warranty pmvided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be commov rably delayed), resulting from impnfat Or defective work done or materials famished by the Seller. Acceptance or um Of good by the Purchases shall not ematimm a waiva.f ray claim coder Nis searranry. at,, u otherwise provided in This purchase order, the Sell. liability hereunder shot] extend to all damages proxlmarely caused by the breach ofany of the foregoing warranties .....minces, but such liabiliry shall in no evens include loss Of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pachuer may make cMnga m legal Se. by written change orda 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the team, other thin legal terns, including additions in or deletions from the quantniesoriginally ordered in re speci lications or drawings, by venial or wren change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjosment shot[ be made. 6. TERMINATIONS. The Purchaser may at any time by written change grda, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panda as to any work or mancri then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on The uncompleted portion of the good and/or work, for incidental or consquemial damages, and that no such adjustment be made in favor of the Seller with raped to ray grand which are the Sellers smvdard stock. No such mmdratim shall relieve the Purchaser or the Seller ofary of their Mligmimss as to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Item the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warmnm That ell goods .[it hereunder shall have been produced, said, delivered and f ncished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by This refermce. The Seiler agrees W indemnify and hold IN, Purchaser homeless from all costs and damages suffered by The Purchaser u a result of the Sellers failure W comply with such law, 9. ASSIGNMENT. Neither party shall resign, tmnsfeq or convey this order, or any monies due or to become due hereunder without the prior written cameno of the other party. 10. TITLE. The Sella warren,, fill, clear and umutrided tide tore Purchaser for all equipment, remaials, and it. fiuni ded in performance of This agreement, free and clear of any and all limn, restrictions, boorvatiom, security interest encumbrances and claims afethers. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGAI'IONS. Hdre Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella demander indicates its inability or unwillingness W comply, the Purchaser may cause the work W be, per( ed by the most expeditions means available W it, and the Seller shall My all costs 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 release shall apply wen in the went of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be Deduced, in any way, because such work is performed or caused in be perfumed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Sella shall indemnify and save harmless Ne, Purchaser from any and all claims fro infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infngement at any time during the prosecution a, One, the completion of the work. In case said equipment, or My pan thereof or the intended use of Ore goods, is in such suit held W constitute infringement and the uc of said equipment or pan is enjoimd, the Sella sMIL at its own expense and at its option, earn, procure for the Purchaser the right to continue using said equipment Or pans, replace the same with substantially equal but nonlnfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an auigmnenl for The benefit of crediorrs, appoin, is rectiver or trustee for any of the Sellers properry or business, this order may forthwith he canceled by the Pmchaser wirou, liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed "a laws office Stare of Colorado, USA. The fallowing Additional Conditions apply only on cues where the Sella 6 to perform work hereunder, including re services nfScllas Represenmtive(s), on the premixes ofothers. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same u fully completed and accepted, and shall, in case of any accident, destruction or injury m The work mat materials before Sellers Bnel completion and acexas., complete the work at Sellers own expense and to Ile, satisfaction of re Purchaser. When materials and equipment arc famished by others far installation or en vim by re Sella, the Seller shall receive, mload stare and handle same at the site and become responsible therefor as Though such materials andfr equipment were being famished by the Seller under The order. 18. INSURANCE. The Sella shall, at his own expene, provide for the payment of workers compensanon, including occupational disease benerits, to its employees employed On or in comection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the slate in which The work is W be done. The Sella Shall also wiry comprehensive gauml liabiliry including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits at at least $3W,Wo for any one person, $500,000 for any once accident and property damage limit Per accident of g4W,0210. The Seller shall likewise require his contractors, Forms, W psvide for such compensation aad outcome. Beth tiny Office Sellers or his contractors employees shall do any work upon the premises of others, The Seller shall fiunish the Purchaser with a certificate rat such compensation and insurance have been provided. Such certificates shot] specify the date when such compensation and insurance have been provided. Such certificates shall specify, the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work Is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rapmtsibiliry and liability for any and all damage, loss or injury ofany kind or nature whatsoever 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 Sella will indemnify and hold harmless The Purchaser and any r all Of the Purchmen officer, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or ins iret and wherer m persons or pmpMy W which the Purchaser may be pm or subject by Distant of any act, action, neglect, omission or default on the pan of the Sella, any of his rontreams, or my of The Sellers or contractors officer, agents or employees. In case any suit or Orion proceedings shall IN brought against the Purchaser, or its officers, agents or employees at any time on in cmd or by mseso. of any act, action, neglmt, omission or default of the Seller of any of his contractors or any of its or their officers, agents m employees as aforesaid, The Seller hereby agrees W assume The defense thereof and to defend the same at the Sellers own expense, to pry any and all cuts, charges, attorneys fees and other expenses, any and all judgments Not may be, incurred by or Obtaind against the Ponchascr or soy of is or their officers, agents or employees in such suits or other Proceedings, and in case judgment or other lien be placed upon or obmined against the property ofhe Purchaser, or said panic in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautiom, finish and install all guard necessary for the prevention of accidents, comply wilds all laws and regulations wiN regard m safety including, but without limitation, The Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant theeao. Revised 07R014