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HomeMy WebLinkAbout536664 GLOBAL SHE SOLUTIONS LLC - PURCHASE ORDER - 9142495 (4)Fort Collins Date: 09/08/2014 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 sli s 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 5 ELT Meeting Facilitation - 8/2 1 LOT EA 3,603.30 Invoice dated 8/22/14 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.wrn Total $3,603.30 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. COMMERCIALDETAILS. Tax exemptions. By solute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502, Federal Excise Tax Exemption Cafifam of Registry 84-6000587 is registered with the Collector of Failure of the Pown"a r an insist upon svid performance of the terms and conditions hereof, failure tar delay 10 Internal Revenue, Denver, Colorado DOE Colorado Revised Sharma 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided hcrem or by law, failure to promptly notify the Seller in the event of a barrel the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Gouda Rejected. GOODS REJECTED due to failure 1. 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 eight of the damage to transit, Only us rammed m you far credit and are not to be replaced except upon receipt of written Purchaser W insist upon strict pedbrmance hertafer any offs rights or remedies as to any such goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereundea nor dull my purported mail modification or rescission of his pppham oWa by the Tambora operate az a waiver of any of the reams Inspection. GOODS are subjet m the City of Fon Collins inspection on Sprint. bumf. Final Acceptance. Receipt of the merchandise, se r expositional in response to this order an result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. m authorized paynneon the pan of the City of Foe Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all oppl icable required inspection procedures violations are in fist home by if, Purchaser. 'I heretofore,nforgood cause and as consideration fir camming this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight, Terms. Shipments anus, be F.O.B., City of Fon Collins, 700 Wood St, pan Collins, CO 80522, unless ordinal under federal or sate mtiuust laws for such overcharges relating to the particular goods or services otherwise specified on ,his order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill moor accommnv invoice. Additional chamm for poking will non be, accepted. Shipment Enamor. Where manufacturers have distributing points in sap us tuns of the country, shipment is expected from the nearest duardsmion poim 1. destination, and excess freight will bar deducted from Invoice when shipments are made from greater distance. Permits Seller shall pnaure a1 sellers sole cost all necessary prowl certificates and licaums required by all applicable laws, regulations, ordinances and macs attire ,.tote, municipality, territory or political subdivision where the work is performed, or required by my other duly emsoamed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the Cry of Fort Collins harmless fmm and against all liability and Was incurred by them by reason of an awned a arabluhed violation of any such laws, eegulam. im imtnces, roles and requirenneres. Authoritarian All panda to this contract agree that the representatives are, in fact, form fide and possess full and complete ordinary to bind mid panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and try supplementary or additional limns and conditions annexed hereto or incorporated herein by reference. Any hall ltinnnl or difirat terms and ronditions proposed by seller are objected 1. and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you .anon make complete shipment to arrive oa your promised delivery date as noted. Time k of the ememc. Delivery and performance most be effected within the time stated on the Purchase order and the tlmumm6 alached hereto. No acts of the Rarehmurs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event mf any delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damage. However, the Seller shall not be liable for damages as a result of delays due to causes not masnnably foreseeable which are beyond its reasonable control and without its fault of negligerme, such acts of Gel, acts ol'civil or military sutbaritics, govemmenal priorities, Tres, strikes, flood, epidemics, wars or riots provided that notice of the conditions 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 my such delay, the dare of delivery shall be extended for the penud equal at the time mlmlly last by reason ofdre delay. 3. WARRANTY. The Seller warrants ,hat all Goods, articles, notarial and work covered by this order will conform with .,pliable drawings, specifatince, samples andor other dxemptions given, will or fit for the purposes intended, and performed with the highest degree of cane and immolate in accordance with accepted standards for work Of a 'milar nature. The Seller agrees ra hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranly, The Seller shall replace, repair or make good, without cast 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 terms of any applicable warranty provided by the Seller afer the dam of acceptance of the gook famished hereundm (acceptance not to be utucasonably delayed), resulting from imperfect or detective weak done or matmals furnished by the Seller. Acceptance or sae of gams by the Puphaur shall non constitute a waiver of any claim under this warrmtry. Except m otherwise provided in this pusbase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of my Of the foregoing wanmrtia or guarantees, but such liability shall in no rent include Ins, of profits or 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 m legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the tams, other than legal terms, including addi,lom to or delaimns from the quantities originally ordered in the specifications, or drawings, by verbal or wainen change order. If any such change aReca the amaum due or the time ofperfomunce hereunder, an equiable adjustment shall be made. 6. TERMINATIONS. The Purchaser may nt any time by written change order, terminate this agreement as to any or all portions of the goods then nut shipped subject to any amiable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable fur any claims to, anticipated profits on the uncompleted portion of the gawk author work, for incidental or consequcatlal damage, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to my goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within ll (30) days fmm ,he clue the change or tamier. is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods rim subject The Seller shall execute and deliver such documents as may be, mounted to effect or evidence compliance. All laws and regulations requital to be mammonist nist in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees to indemnify arM hold the Purchaser harmless fmm all rase, and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, rt nsfeq or convey this order, or any monies due or to become due hereunder without the ,nor written consent of the other patty. 10. TITLE. The Seller warrants full, of= and unrestricted title to the Purchaam for all equipment, materials, and itrnu brushed in Pa ee of this agreement fee ord clam of any and .11 tiers, restrie icon, reservadons, semnry interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If she Purchaser directs the Seller to cmrect nonconforming or defective gook by a date to be agreed upon by the purchaser and the Seller, and the Seller thandler indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all caws associated with such work The Seller shall release the Purchuni and its comments of any tier from all liability and claims of any nmurc resulting fmm the performance crouch work. This release shall apply even in the event of Taub of negh case of the puny released and shall extend to the Branum, officers and employees crouch party. The Sellers comment obligations, including xarranry, shall not Per deemed to be reduced, in my way, because such work is performed or caused to M Performed by the Purchaser. 14. PATENTS. Whenever the Seller is"ha ulto use anydaign,device, material or process covered by lever, poem, trademark or copyright, the Seller shall indemnity and save harmless the Purchaser liam any and all claims for infringement by reason of the use of such patented design, device, matenal or process in connection with the contract and shall indemnify the Purchaser for any cost, expense or damage which it nay be obliged to Ray by reason of such infringement at my time during the recreation or after the completion of the work. In two said equipment, or any part thereof or the intended use of the gwi is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, as its mvn expense and at its option, either pnrcure for the Purchaser the right to continue using said equipment or pans, rat lane the sane with substantially equal bur noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make as assignment for the bereft of trMhars, ii,alm a romiya or trustee for any of the Sellers property or business, this aNer may forthwith be canceled by the Puacleser without Eabdo, 16. GOVERNING LAW. The def nitiotss of terns used or the interpretation of nhe agreement and the rights ofall Purim hereunder shall be, mr¢oued under and governed by the laws of the Sate of Colorado. USA. The following Additional Conditions apply only in where the Seller is W perm tan work hereunder, including the services of Sellers R,mamaaiycOL oa thecases premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall may on said work at Sellers own ask until the same is fully completed and aumpted, and shall, an se of any accident, destruction or injury to the work mayor mammals before Series final completion and mcep,mce, complete the work at sences own espouse and to the satisfaction of the Purchaser. When materials and ryuipmant ere famished by miters far installation or erection by the Seller, the Seller shall receive, unloal share and handle same at the site and become responsible durefor as though such materials andfor equipment were being fumiahN by the Seller under the order. 18. INSURANCE. The Seller shall, a1 his a— expense, provldo for the payment of warkms compensation, including occupational disease benefits, to its employee employed on or in connection with the work covered by this purchase order, and/or to their depndents in accordance with the laws of the state in which the work is to b< done. The Seller shall also carry comprehensive gcneml liability imluding, but not limited to, conlrecmal and automobile public liability insurance with bodily injury and death limits of. least $J00,000 far Our one person, S500,000 IS, any cciden, and property damage limit per accident of 5400,000. The Seller shall likewise require his commmars, irony, to provide for such compensatlm and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of orders, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such control shall specify the dale when such compensation and insurance have ban provided. Such cenifinnes 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 responsibility and liability far any and all damage, loss or injury army kind or metre whosoever to persons or Inaptly caused by or resulting Farm the execution of the work provided for in this purchase order or in connection herewith. The Seller will material and held harmless the Purchaer and any r all of be Purchase- officers, agents and employees from and it imt my and all claims, Imams, damages, charges or calvaries. whether direct or indirect, and whether to persons or Tommy in which the Purchaser may be par or subject by reason of any an, action, neglect, omisom or default on the pan of the Seller, any of his contractors, or any of the Sellers or omeacturs officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at my time on account or by reason of my act, action, neglect omission or default of the Seller of any of his commetors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and 1n defend the same at the Sellers own expense, m pay my and all costs, charges, moneys fees and aNer expenses, any ab all judgments that may be incumd by or obtained against the Probsomr or any of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or at,, lien Ise placed upon a obtained against the property ofthe Purchaser, or said patties in or m a resul, of such suits or rubber proceedings, the Seller will m are cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all guards necessary for the prevercom 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 rates and regulations issued pursuant therem. Revised R7a014