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HomeMy WebLinkAbout536664 GLOBAL SHE SOLUTIONS LLC - PURCHASE ORDER - 9142495 (3)Fort Collins Date: 09/05/2014 Vendor: 536664 GLOBAL SHE SOLUTIONS LLC 15 COVE VIEW CT COCOA BEACH FL 32931 PURCHASE ORDER PO Number Page 9142495 1of2 This number must appear on all invoices, packing slips and labels. 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 4 ELT Meeting Facilitation - 8/1 Expenses invoice dated 8/14/14 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 525.90 Total $525.90 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temps and Conditions Page 2 of 2 I. COMMERCW.DETAILS. Tax exemptions. By statute the City of Fiat Collins is exempt fifixtur sate and local taxes. Our Exemption Number d 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84,6000587 is registered with the Collector of Failure of fir Futchnr m ifinst upon strict performance of the stun and conditions hrnrof, failure or delay to 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 notify the, Seller in the event airs breach, the acceptance of or payment far goads 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 obligation of this purchase order and shall not be decmd a waiver of any right of the damage in transit may he rumored to you for credit and art not to be replaced except upon receipt of wnfien purchaser to media upon surm performance hereofor any of its rights or remedies as to any such goods, regardless instructions Imo the City of Fort Collins. of when shipped, precis d or accepted, as to any prior or subwalrient default hereunder, nor shall any puryorred oral modification or rescission of this ptuchase order by the Purchaser opener, as a waiver of any of the reran Inspection. GOODS are subjetno the City of Fort Collins inspection on arms], hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonred payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser perform, that in ocmal economic practice, overcharges resulting from antitrust ACCEPTANCE d dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and us mmidenfion for executing this purchase order, the Seller hereby ammus to rue Purchaser any and all claims it may prow have or herea0er Freight Terms. Shipments most M P.O.B., City of pan Collins, ID0 Wood St, Too Collins, CO 80522, unless acquired under federal or some mlianat 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 separately, the original freight purchased or acgniral by the Purchaser p r mentto this purchase order. hit must acwmnane invoice Additional el areas for prelims will not be accented Shipment Distance. Where manufacturers have distributing poins in serious pans of the country, shipment is expected from the nano,, distribution in, To destination, and excess might will Im, dad rctM from Invoice when shipments are mad, from greater disonee. Permit,. Seller skull fro9ure at sellers sole cost all inttssnry permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any ofer duly counituted public aulhodty having judsdiclum aver the work of rmdor. Seller farther agrees 1a hold the City of Fort Collins harmless from and agaiol all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and pmuiremenn. Authorization. All panic to this contract agree that the represenativo arc, in fuel, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Pulchme Order cxpr ply limits paraffinic Ir the tram and conditions sorted herein set fond and any supplementary or additional rents and conditions annexed berm or incorpomlyd herein by re&rarer. Any additional or different arms and conditions proposed by miler are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou control make complete shipment 19 mrive on your promised delivery Jute in noted. Time is of the essence. Delivery and performance most ba effected within the time stood on the purchase order tend the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the ream of any delay, the Purchaser shall have, in addition to tuber legal and equitable remedies, the option of placing this order elsewhere and holding the Sell,, liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably f-eeable which am beyond its mountable control and without its fault of negligence, such act of( ed, aco of civil or military aufodries, govemmrntal'counties, fires, sakes, Rood epidemics, wars or riots provided fm notice aline condition causing such delay is given to the Purchaser 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 perm equal to the time actually lost by reason off, delay. 3. WARRANTY. The Seller warrants Out all funds, ,niches, materials and work covered by this order will conform coif applicable drawings, specifications, samples mVer other descriptions given, will be fit for the pmpou intended, and performed with the highest degree of care and comperence in accordance with accepted standards for work of a miler nature. The Seller agrees to hold the purchaser harmless from 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 defies or faults arising within one (1) year or within such longer period of time o may be presented by law or by the temp of any applicable warranty provided by the Seller after the data of acceptance of the goods hummed hereunder (acceptance not to be unreasonably delayd), resulting from imperfect or defective work done ar matm d, famished by the Seller. Accepmme or use of goods by The Purchaser shall or constitute a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by foe breach of my of the foregoing wanurne, or guarantees, but such Iiabiliry shall in an event include Ins of pmfis in loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal tarns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal tents, including addition to or deletions from Ouse quannuies originally ordered in the specification or drawings, by vernal or written change order. If any such chair, lifiecls the amount due or the time of pc,fnmmnce harnnden as equitable edjusune a shall be pride. 6. TERMINATIONS. The Purchaser, may at any time by written change oNrq terminate this agreement as to any or all portion of the goods fen not shipped, subject many equnable adjustment between the parties n m any work or matenad then in progress provided that the Pu¢hmer shall not be liable for tiny claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and mbar no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such temaination shall relieve foe Purchaser or the Seller ofany of their obligation in to any goods delivered hereander. ]. CLAIMS FOR ADJUSTMENT. Any claim for admtmem most be asserted within thirty (30) days from the dam the change or mininmion is ordered. S. COMPLIANCE WITH LAW. The Seller warrans Out all goods sold hrcuMer shall have been produced sold delivered and fiunishd in strict compliance with sll applicable taus and regulations to which foe goads are subject The Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulation refined to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, aunfer, or convey this order, or my monies due or m become due Macomber without Net prior wnnen prompt of the other party. 10. TITLE The Seller watmns bill, clear and mmmuliichd the m foe Purchaser far all equipment matenad, sued it. famished in performance of this agreement f and clear of any and all liens, restrictions, rearNatioes, security interest cam and and. and chines of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hthe Purchaser defcts the Seller to correct nonconforming or defective goods by a date to be agreed upon by The Purchaser rout the Seller, and the Seller thereafter indicates its inability or unwillingness ro comply. the Purchaser may cause the work to be Performed by the most expedition morns available to it, and the Seller shall pay 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 esuhing from the prrformenee of such work. This release shall apply area or the event of fault of negligence of the party released and shall extend m the direemrs, omerrs and employees of such Party. The Seller's contractual obligations, including warranty, shall not br deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Mi patent, trademark or copyright, the Seller shall indemnify and save hamdess the Pumhnser from any and all claims for infringement by reason of the use of such patented design, device, material or process tit connection with the comnecr, and shall indemnify the Purchaser for any cost afros or damage which it troy be obliged to pay by reason ofsuch infringement at any time during The Proserpina in after the completion of the wort. In case said equipment, or any pan thereof or the intended we of the goad, is in such suit held to camstimre infringement and the am of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes moninfninging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for The benefit of creditors, appoint a or pnlee far an r y of the Sellers property or business, this order may forthwith be expected by the Purchaser withral liability. IS. GOVERNING LAW. The defirdtioo ofit. cad or Net nomination. of foe agreement and the rights of all parties hereunder shall be construed under and governed by the laws o'the Sale of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfern work hereunder, including the services of Sellers Represcnolive(s), on the premises of tubers. 19. SELLERS RESPONSIBILITY. The Seller shall sorry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work an Nor mammals before Sellers final completion and aocepporm. complete the work at Sellers own expense and to foe satisfaction of the Purchaser. When materials and equipment arc famished by others for immllation or erection by the Seller, the Seller shall receive, unload suture and handle same at the site and beemor responsible ferefur o though such mnlenals anNor equipment were being fiunished by foe Seller under the order. 18. INSURANCE. The Seller shall, a1 his own expense, provide for the payment of workers compensalim, irduding occupational disease benefits, to its employees employed on or in connection with the weak invited by this purchase order, mWor 1m fair dependetm in accordance with the laws of the slate in which the work is 1a M done. The Seller shall also party comprehensive general liability including, but tut limited to, contmcual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one person, 5500,000 for my r accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide Ibr such compensation and insurance. Before any of the Sellers or his contmcmrs employees shall do any work upon the premises of others, the Seller shall fmish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify foe date when such compensation mad iourance lime been provided Such canificata shall specify the dace when such compensation and insurance expires. The Seller agrees Out such compensation and inumnce shall be maintained unlit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby essumrs has entire responsibility and Iiabiliry for my and all damage, loss or injury of any kind or nacre whasoever to person or progeny caused by or resulting from the execution ofOue work provided] for in this prophase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaer 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, and whether to persons or property to which the Purchaser may be par or subject by reason of any act, action, neglect, omission or defaull oa the part of the Seller any of his contractors, or any of The Sellers or consumers officers, agents or employees. In cue any suit or other proceedings shall be brought against the Purchaser, or is officer, agents or employees at my time on support m by ream. of my azt sempe, neglect emission or default of foe Seller of my of his contractors or my of is or their officers, agents or employees as, aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all toss, charges, attorneys fees and other expenses, my and all judgmens that may be incurred by or obtained against foe Purchaser or any of its or their officers, agents or employees in such suits or other procedings, and in case judgment or what lien be placed upon or obtained against foe property offc Purchaser, or said parties in or as a result of such suits or other prom, ings. the Seller will at once cause the mtrc to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of widen, comply with all laws and regulation with regard to safety including, bur without limitation, foe Occupational Safety and Health Act of 1970 and ail rules and regulations issued punumt therm. Revised 07n014