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HomeMy WebLinkAbout536664 GLOBAL SHE SOLUTIONS LLC - PURCHASE ORDER - 9142495Fort Collins Date: 05/05/2014 Vendor: 536664 GLOBAL SHE SOLUTIONS LLC 15 COVE VIEW CT COCOA BEACH FL 32931 PURCHASE ORDER PONumber Page 9142495 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVIS N CITY OF FORT COLL24-4408 215 N MASON, 2ND FR FORT COLLINS CO Delivery Date: 05/02/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price RFP 7589 Safety Assessment 1 LOT LS 24,590.00 Invoice 4/9/14 2 RFP7589 Addendum ELT Meeting & Presentation 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 6,722.38 Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NON WAIV ER. 98-04502. Federal Excise Tax Exemption CmiGcam of Registry 94-6000587 is registered with the Collision. of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1993, Cin pier 39-26, 114 (a). exacise any rights or manages 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 wide design, shall tat release the Seller of Goods Rejected. GOODS REJECTED due to failure to mea specificataoe, titter when shipped or due 10 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 ma nd, may be resumed or you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereafor any of as rights of remedies m to any such goods, reflood. instructions from the City of Fort Collins. of when shipped, received or accepted, as many prior or subsequent default h tmndn, nor shall any purported oml modification or rescission of this purchase order by the Purchase operate as a waiver of any of Ore terms Inspection. GOODS arc aubjeel a the Ciry of Fon Collies irep«tian on arrival. hermf Final Acceptance Receipt of the menhandise, services or equipment in repropose to Nis order con 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 me Purchaser recognize that in actual anis practice, overcharges resulting from antitrust ACCEPTANCE isdependentupon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Thereoforeforgood 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522. unless acquired under federal or sate antitrust laws for such overcharges relating a the panlcular goods or smite, otherwise specified on Nis coda. If permission is given an prepay freight and charge separately, the original frtight punhased or acquired by the Purchaser pursnanl to this purchase order. bill most accompany invoice. Additional eharges for packing will not he accepted. - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacuirfu lave distribming poina Or various parts of me country, shipment is tribe Purchaser directs the Sella to correct nonconforming or defective goads by a dam to the agreed upon by the expcaed from the marmot distribution pant to destruction, and arcs, freight will be deducted from Invoice whim Purchase and the Sella, and the Seller Nemfter indicates its inability of unwillingness a comply, the Pnchmer shipments are made from greater distance, may cause the work to be performed by the moat expeditious meat available to it and the Sella shall pay all mats associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofhe smut, remem pzld,, tertiary or political mohn isms where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and less invermal by drum by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Aumamration. All parties to this contract agree that the represenatives are, in fact bow fide and possess full and complete authority 1. bind said panics. LIMITATION OF TERMS. This Punchau Order expressly limits acceptance to the terns and conditions sated herein set form and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or di Impair leans and conditions proposed by seller are objected o and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a arrive on your promised delivery date as noted. Time u of the stators. Delivery and performance most he effected within the time supped on the purchase order and the documents attached hereto. No Sias of thc Purchuers including, without limitation, acceptance of partial twe deliverim, shall operate as a waiver of this provision. In the went of any delay, the Purchaser shall have in addition a other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damage. However, the Seller shall nor be liable for damages as a result of delays due to causes not measurably foreseeable which are beyond its masonable control and without its fault of negligence, such aces of God, was ofcivil or military authorities, governmental ptionties, fires, strikes, flood, epidemics, wars or riots provided map notice of the conditions causing such delay is given to me Purchaser within five (5) days of the ,an. when the Sella first received knowledge maw( In the event warty such delay, the dam of delivery shall be extended for the period equal to the time centrally lost by reason of the delay. 3. WARRANTY. The Seller pis. that all goods, articles, materials and wart mvemd by this order will conform wins applicable drawings, Specificaiow, amplcs aodor other descriptions given, will the fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standad for work of a similar nature. The Seller agrees it hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns army applicable warranty provided by thc Seller after the data of acceptance of the goods famished hereunder (acceptance nos 1m be unreasonably delayed), mmltm, from imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as where, ism provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guaravtees, but such liability shall in no event include loss of profits or lass 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 terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 0 the mans, other than legal terms, including additions to or deletions from the quantities originally ordered in me sped ficatioe or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an xNamoble adjustment shall be made. 6. TERMINATIONS. The Purchaser may ar any time by written change otter, mmriwm this agreement as to any or all pmtiora of She goods then not shipped, subject to sty equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfia on the uncompleted potion of me goods anclor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect he any goods which arc the Sellers standard stock. No such implication shall relmve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be warned within body (30) days from the dam the change or mmninalion is ordered. g. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stno compliance with all applicable laws and regulations a which the goods are subject The Sella 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 reference. The Sella agrees to m tar afy and hold the Purchaser harmnless from all costs and damages suffered by me Purchaser e a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, traosfcr, or convey this order, or any monies due or to become due hereunder without the prior written meem of the other party. la. TITLE. The Seller warrants full, clear and unrestricted tide to me Purchaser for all equipment, materials, and items Nmuhed in performance of this agreement, free and clear of any and all lime, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any her lam all liability and claims Of any prime resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend on the directors, officers srd employees of such pony. The Sella's contmawl obligations, including warranty, ,lull not be deemed an be reduced, in any way, because such work is performed or caned a he performed by the Purchaser. 14. PATENTS. Wheneverthe Seller is required to use any design, device, mammal or process covered by letter, patent trademark or copyright, the Sella shall indemnify and save ham less me Purchaser fmm any and all claims for 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 infringement or any time during the prosecution or after the completion Of Om work. In case said equipment, or any pan theav' or the intended use of the goods, u in such suit held to consNum infringement aM the use of Said equipment or pat is enjoined, the Sella shall, at its own cape. and at its option, eitha procure for the Purchaser the right to continue using said equipment or parts, replace Rae same with substantially equal but noninfringing equipment, or modify had discounts noninfringing. IS. INSOLVENCY. If me Sella shall became insolvent or bankrupt, make an waigapeent for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase., wimwt liabllay. 16. GOVERNING LAW. The definitions of m= used or the assassination of the agreement and me rights of all pities hereutSder shall be co stmed order and governed by the laws of the Sam ofCalorado, USA. The following Additional Conditions apply only in es where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on thepr mises ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, an said work at Sella's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury a the work and/or materials before Settees final completion and camp adwa, complete the work at Sella's awn expense and a the satisfaction of the Purchase, When materials and equipment are f rmishW by others for imlallation or erection by the Seller, lbe Sella shall receive, unload, sore and handle same at den site and become respectable therefor as though such materials and/or equipment were hang famished by the Seller coder the order. 18. INSURANCE. The Seller shall, at his Own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents, in accordance wins the laws of the state in which the work is re be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability wa rance with bodily injury and Beam limits of a least 5300,001) for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his comromp rs, if say, to provide far such amn,somma and insurance. Before any affair Sellers or his camreetors employees Shall do any work upon She premiss of others, the Sella SIu t Radial, the Pmchuer with a certificate that such mmpensatam and iemaece hove been provided. Such catifiestcs shall specify the date when such ompersation and insurance have ban provided. Such certificates shall specify the date when such compensation and inumnce 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 Sella hereby assumes the entire responsibility and liability for any and all damage, Ins Or injury of any kind or nature %hatesever to persoos or property ceased by err resulting fen the execution of the work provided for in this purchase order or in connection herewdth. The Seller will indemnify and hold harmless the Puchaer and any . all of the Parchasers officers, agents and employees from and against any and all claims, losses, damages, margm or expeea, whether direct or andlree4 and whetter to persom or properly to whch the Purchaza may IS, put or subject by reason of any act action, neglect, omission or default on 1be pan of the Selle, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his wntmerors or any of its err their oRcers, agents or employees as aforesaid, me Sella hereby agrees m assume the defense thereof and to defend the same at me Sellers we expense, to pay any and all costs, charges, atomeys fees it 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 Omer lam be placed upon or obtained apt= the property ofthe Purcha , or said parties in or So a result of such suits or other pmcec logs. the Sella will at once cause the same to be dissolved and diubs rged by giving band or otherwise. The Sella and his contracors shall take all safety pr rappop s, famish and halall all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard a safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all tales and mplatioos issued pursuant thereto. Revised 03I2010