HomeMy WebLinkAbout536664 GLOBAL SHE SOLUTIONS LLC - PURCHASE ORDER - 9142495 (2)PURCHASE ORDER PO Number Page
Cliff/ of PURCHASE
42495 1 of 2
F/' rt Collins( his number must appear
!•\V`I ` V 1 1�7 on all invoices, packing
sli s and labels.
Date: 06/24/2014
Vendor: 536664
GLOBAL SHE SOLUTIONS LLC
15 COVE VIEW CT
COCOA BEACH FL 32931
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 05/02/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 ELT Meeting Facilitation - 8/1
$5,000 plus travel expenses
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 EA
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 Fan Collins is exempt from slide and local Wxa. Our Exemption Number is
11. NON WAVER.
98-W502. Federal Excise Tax Exemption Certificate of Registry 84-600058T is registered with the COIImO, of
Failure of the Purchaser to insist upon stria performance of the terms am conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smiles 1973, Chapter 39 26,114 find
exercise any rights or remedies provided heron or by law, failure to promptly notify the Seller m the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED 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 hansin, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance bermfor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fill Collins.
of when shipped, received or accepted, as to any prior or submquent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the mrrchmWise, saxices or ryuipmem in respame to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
malsa zed payment on the pan of the City of Too Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofail applicable uaryimd inspection proceduma.
violations am in fact from, by the Purchases. Theremfrm. for good nose and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it May row have or haeaner
Freight Terms. Shipments must be F.O.B., City of Fort Collins, TW Word St., Tom Collins, CO 90522, unless
acquired ands federal or see anlimmt laws for such overcharges relating to the particular Sands or sm-noex
otherwise specified on this order. If permission is given to prepay freight and charge separate, the original freight
purchased or ac9ulred by the Purchaser pursuant to this la rcbase orde,
bill most aceoma.nv invoice. Additional clusters for oackine will not be acecoted.
Shipment Distance, Where manufacturers have disniburng points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Inwice when
shipments are made from greater dislunce.
Permits. Seller shall Fracture at sellers sole cast all necessary penni6, certificates and licenses required by all
appliable laws, regulations, ordinances and rules of the stem, municipality, territory or political subdivision where
the work is performed, m required by any other duly constituted public authority havingjunsdicuon over the work
of vendor. Seller further agea Ira had the City of Fort Collins harmless from and agaim, all liability and loss
incurred by them by reason ofan assured or established violation of any such laws, regulations, ordinances, rates
am requirements.
Authorization All parties to this contract agree that the represenatives arc, in fact bona fide and possess full and
ample¢ authority to bind said purtles.
LIMITATION OF TERMS. This Purchase Order expressly limits am ponce to the terns and conditions stated
herein set fords and any supplementary or additional terms and conditions annexed hero or incorporated herein by
reference. Any ordsho nl or efferent mma and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE, PURCHASING AGEN Iimmediaely ifyos cannot make complete shipment Ira amve on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
noted oa the purchase Order end the documents matched hereto. No nets of the Purchasers including, without
limitation, acceptance ofpani it late deliveries, shall operate as a waiver afthis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and yuimble remedies, the option of placing this order elsewhere
and holding the Serer liable ter damages. Imwcves, the Seller than no, be liable far damages as a result of delays
due no causes ram..My fomamable which art beyond its..lite cum of and without its fault oforsit" rid,
such rats oFGod, acts of civil or military mnhodties, graven .[ pnanties, fires, strikes, flood. Ridem es, wars or
riots provided that strati¢ of the conditions coming such delay is given to the Purchaser within five (5) days of the
time when roe Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be
extended far the period agml W the time actually lase by limn .film delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confarm with applicable
drawings, specifications, samples and/or other demriptiom given, will be fit for the purposes 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 no hold the purchaser harmless from any Ims, damage or expense which the
Purchaser may suffer or raced on account of the Sellers breach of warmnty. The Sella shall replace, repair or make
good, without over W the purchaser, any defects or Raba arising within one (1) year or within such longer peried of
time as may be preecdbed by law or by the berms ofmy applicable warranty provided by the Seller after the date of
acceptance of the goods famished bersunda (accep reare not to be umessambly delayed), resulting from imperf n
or defettive work done or materials fumuhed by she Seller. Acceptance or use of goods by the Purchaser shall matt
constitute a waiver of my claim under this wvrmnty. Except in otberwise provided in this pmchsse order, the Sellers
liability hereunder shall extend W all damages proximately caused by the breach of my of the foregoing waranties
or guarantees, but such liability shall in no rant 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 Purchaser may make changes to legal terms by w'nnn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchases
may make any changes to the teens, other than legal terms. including additions to or deletions from
ra the qutitiesonginally ordered in the specifications or drawings, by verbal or wrmas change order. If any such
change affects the amomt due or the time ofpsaf emor. hereunder, an ry.iWblc admiration shall be made.
6. TER HNATIONS.
The Purchaser may ur any time by wrimm change order, reanimate this i greemnt as to any or all porticos Of the
goods then not shipped, subject to my equitable adjustment between the podia m to my work or materials then in
progress provided then the Purchaser shall not be liable for any claims for mticipamrl profits on the unnmplelcd
portion of the goods and/or work, for incidental or consequential damages, am that no such adjustment be made in
favor ofthe Seller with respect to any good which are the Sellers standard stock. No such mmmimvim shall relieve
the Purchaser or the Seller Of any of their obligations as to any good, delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim far adjnoment mml be assured within thirty (30) days from he date the change or rminiums is
Ordered.
S. COMPLIANCE WITH LAW.
The Seller wamnts that all good said hereunder shall have trio produced, sold, delivered and fiunished in strict
compliance with all applicable laws am regulations to which the goods are subject. The Seller shall execute am
deliver such documents as maybe required W efTttl or evidence compliance. All laws and regulations reprisal W be
incoryrared in agreements of this character arc hereby incorporated herein by Wis reference. The Seller slimes to
indemnify and hold the Purchaser harlot from all cuss am damages suffered by the Isenhour as a mault of did
Sellers failure W comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or W become due hereunder.,,hour the
prior winners consent ofthe other party.
10. TITLE.
The Seller warrunls full, dear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of Mass agreement, free and clear of any and all bens, restrictions, maervmlom, security normal
encumbrances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, aad the Seller than fen radio.,,, its inability in unwillingness to ammply, the Purchaser
may cause the work to be perfomlN by the most expeditious means available to in, and the Seller shall pay all
custs associated with such work.
The Seller shall release the Purchaser and its contrarian of any tier from al I liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in We event of fault of negligence of the party ¢leased am shall extend to the
directors, officers and employces ofsuch parry.
The Sellers consmcmal obligation, including wareart shall not be dcemcd to be reduced. m any way, because
such work is perforated or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller 6 rryuired to use any design, device, material or process covered by letter, patent trademark
copyright the Seller shall indemnify and save harmleas the Purchaser from any and at I claims for infringement
by croon of the use of such patented design, device, material or process in connection with the conlmel, and
shall indemnify the Purchaser for any cost, expense or damage whirl, it may be obliged m 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 Part thereof or the inrended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pm is enjoined, the Seller shall, at it, oxen experts and at its option, either procure for the
Purchaser the right to continue using said equipment or trans, res tt the come with immemorially arm] but
noninfrintim, equipment or modify it so it becomes nonlnfringing.
15. INSOLVENCY.
If the Sella shall become involve, or bsMnspt make an assignment for the benefit of creditors, aPraint e
receiver or trustee for coy of the Sellm property, or liminess, this order may forthwith be cmceled by the
Purchasrr, without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights of all studies hereunder shall be
mrselmed under and graved by the Inws of the SMim ofC.1—d., USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reptrsencitive(s), on We premises ofothers.
19, SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk =it the same is fully completed and scaphaL and shall,
in ease of any accident, destruction or injury to Me work andtor materials before Sellers furl completion and
anrptmce, complete the cork an Sellers own expense and W the assufact on of the Purchaser. When mmenals
and equipment are Banished by others for installation or erection by the Seller, the Sella shall receive, unhook
store and handle same at the site and become responsible therefor ves though such materials md/or rquipment
were being burnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, prowide 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 with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive gneml liability including, but not limited to, contrmtml and automobile public
liability imuumnce with badily injury and death limits of at learn $300,000 for any one. peraon, $500,000 for any
one attident and property damage limit per accident of S K)0,000 The Seller shall likewise require his
contractors, if any, to provide for such compensation am imurwwc. Before my of the Sellers or his contractors
employers shall do any work upon the premises of others, dote Sella shall famish the Purchaser with a ttnifmmte
that such compnsatio. am i--. have been provided Such renifiates shall specify Me date when such
compensation and insurance have been provided. Such certifienes shall specify the dam when such compnsntion
and insurance expires. The Sella agrees Mal such compensation and imumrrce shall be maintained mail offer Me
entire work is completed and mcepled.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
T he Sella hereby assumes the entire mponsibility and liability for any and all damage, loss err injury army kind
or naive 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 Seller will indemnify and hold homeless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, am whether to persons or property to which the Purchaser may
be put err subject by reazon of any act, action, negf,, omission or default on the pan of the Seller, my of his
mommons, or any of tha Sellers or Coal.,. uRcers, agents or rmployees. In case my suir or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by raven of any set action, neglmt omission or default of the Seller of my of his contrmans or any of its or
their offcers, agents or employees res of said, the Seller hereby agrees to assume the defense thereof am to
defend the same at the Sellers own expense, as pay any am all costs, charges, attorneys fees and other expenses,
any and all judgmnm that may be incurred by or obtained against the Purchaser or any of in or their of erva.
agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or
obtained against We property of the Purchaser, or said pudic in m as 0... ill ofsuch suits or other proceedings.
the Seller will at once cause We same to be dissolved and discharged by giving bond or othemim. The Seller and
his contractors shall Mike all safety precautions, famish and imsmll all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 0312010