HomeMy WebLinkAbout536664 GLOBAL SHE SOLUTIONS LLC - PURCHASE ORDER - 9145733PO
PURCHASE ORDER 914573er Page
City of PURCHASE
9145733 1 of 2
Flirt r OI I Ins This number must appear
,�,/`I ` V " on all invoices, packing
sli s and labels.
Date: 10/03/2014
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: 10/02/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Consulting Service - Safety
City Safety Initiative
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 40,000.0000 40,000.00
Total $40,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order'J'errns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Thermal Revenue, Denver, Colorado (Ref. Colorado Revised Solums 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 of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goads Rejected. GOODS REJECTED due to failure to meet span fictions, either when shipped or due to defects of
any of the warranties or obligations of this pumlent order add shall not be deemed a waiver of any right of the
damage in transit, may he returned an you for credit and to not to M replaced except u,a receipt of women
Purchase' On insist upon strict ped'onmwce hate for any of its rights or rmedies to to any such goods, regardless
instructions form the City of Fort Collins.
of when shipped, received or accepted, as to any Prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purview, order by the purchaser operate in a waiver of any of the terms
Inspection. GOODS are subject o the City of Fort Collins inspection on wrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in rnpanse to this order con result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of For Collins. However, it is to be understood But FWAL
Seller and the Parchaar recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the purchnser. Theremfare, four good 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 most It F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless
inquired whet federal or stare antitrust laws for such overelrwges relining to the particular goods or services
otherome specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchazm pursuant to this purchase order.
bill must waomoanv invoice. Additional chimes for packing will not be accepted.
Shipment Distance. Where marmarom us have distributing points in varions puts of he country, shipment O
expected from the nearest distribution point to deadmition, and excess fight will It deducted from Invoice when
shipments are made from g.,a distance.
Permits. Seller shall procure at sellers It cost all maxonemy pawns, certifcatts and fee. requinrl by all
applicable laws, regulations, ordirances and roles of the sole, municipality, teritory, or political subdivision where
the weak is Performed, or nquied by any other duly contributed public authority oviogjUreshelion over the work
of v.do,. Seller Bodo, agrees Io hold the City of Few Collins harmless farm wd against all liability and loss
ncurted by them by reaoa of an ayscnad or esmbbahed violation of any such laws nature., aide—., rules
and requirements.
AotM1ovarion. All parties to this contract agree that the repreanonives are, in fact. brat Ede aM possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set rod and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller are objected to and hereby ,clamed
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to an ce an your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stood on the purchase order and the documents arched harem. No .,is of the Purchasers including, withom
limitation, acceptance of partial late deliveries, shall Wort, in a waiver of this prevision. In the event orally delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing his order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for donmges as a mml, of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, aces of civil or military authorities, governmental prim ies, fires, strikes, flood, epidemics, wars or
riots provided that notice of the cost causing such defy 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 data of delivery shall be
extended For the penal quad to the time actually lost by reason o flat delay.
3. WARRANTY.
The Seller warmnIs that all goods, articles, materials and work covered by this order will common with applicable
drawings, specifications, samples and/or other drscriptiore given, will be fit for be purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
'similar nature. The Seller agrees to hold the purchaxr harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wnmanfy. The Seller shall replace, repair ant mrke
good, without cost in the purchaser, any defects or faun. arising within one (1) year or within such longer period of
time as may be presmbed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goads furnished hereunder (acceptance not to he unreasonably delayed), resulting form imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchase, shall not
concentrate a waiver of any claim under this wuwnry. Except in otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach or any of the foregoing wareares
or guarantees, but such liability shall in no event include loss of pmfiH 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 to legal it. by window change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to :he terans. after ton legal terms. iocluding amnions to or ddeiom from
the quantifies originally ordered in the specifications or drawings, by verbal or written change order. If any such
change where the amount due or me time of perfoonanre hereunder, an equitable w1ho ment shall be rude.
6. TERMINATIONS,
The Purchaser may at any time by written conge mder, terminate Nis agreement as to any or all pommm of me
goods then not shipped, subject to any extricable adjustment bemecn the parties as to any work or materials then in
progress provided that fle Purchaser shall pros be liable fro my claims for anticipated .to. on the uncompleted
portion Offer goods mtdior work, for incidental or cts¢quential damages, and flat no such edjnumevt be nude in
favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination still reline
me purchaser a, me Seller of., of Nei, obligations as. an, goods delivered hereunder.
]. CLAIMS FOR ADJUSTfMENT.
A, claim for w1jusid t must M aaaer,ed within miry, (30) days from tM due me change of termirtion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warmnts for all good sold hereunder sboll haw been produced sold, delivered and f ished in strict
compliance with all applicable laws and regulations 10 which the goods me subject The Seller shall execute and
deliver such documents as may M required to effect or evidence wmpliance. All laws and regulations required to be
ncorynrated in agreements of this character are herby incorporated herein by this reference. The Seller agars to
indemnify and hold the Purchaser harmlss from all costs and damages suffered by He purchaer as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder wihout me
prior wrimw consent of the otter parry.
10. TITLE.
The Seller wasems full, clear and unrtstricled lisle fo the Purchaser for it a tuipmertt mamdah, and items famished
in performance of this agreement, free and clear of any and all liens, resbictimm, reservations, security interval
ercnmlm nim, end claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Forebear directs the Seller to correct wacttforming at defective good by a date to be agreed upon by the
Purchaser and the Seller and the Seller rhertarter indicates its nubility or unwillingness to comply, the Pumbaser
may cause the work to he performed by the most expeditions roams available to it, and the Seller shall pay all
tusk assocated with such work.
The Seller shall release the Putclmser and its coni e. of any tier from all liability and claims of any haturm
nothing from the performance of such work.
This release shall apply even in the ,at of foul, of negligence of the party ¢leased and shall e.,,ad to the
directors, officer, and employees of such posy.
The Sellers comrcmzl obligations, including wattwty, shall not be deemed to be reduced, in any way, because
such work is performed or roused to be performed by she Purchaser.
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or pmce% in connection with the carrier, and
shall indemnify the Purchase( for any cast, expense or damage which it may be obliged to WY by person crouch
management at any time during the prosecution or aflm she completion of the work. In case said equipment, or
wy pan thereof or the intended use Of the good, is Or such wit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, a, its own expense and at its option, either procure for the
Purchaser the right to continue using said vempment or pans, replace the same with substantially equal but
noninfdnging equipment, or modify u se it becomes wounfdnging.
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt, make an assignment for the benefil of achows. appoint a
rectiver or
trustee for any of the Sellers properly or business, this order may forthwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions ofterms major the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by he laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including he services Of Sellm Represents ive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
e of an, accident destruction or injury to the work major ma encls before Sellers foal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials output temporal
ware being finished by the Selleq under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for me payment ref workm compensation. including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
arrdtor to their dependens in accordance with the laws ofthe stare in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but oat limited to, contmcmal and automobile public
liability ormarrance with bodily injury and dead/ liras of at can S300,030 for any one person g5an." for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
cr nwcten, if any, to provide fo, such rompenwtion and account Before any of the Sell— or his contractors
employees shall do any work upon the prtmises of others, the Seller shall famish the Purchaser with a cenificam
ton such c mpemation and insurance have been provided. Such cmificatas shall specify the dare what such
omprnwtion and instance have been provided. Such cmifirwas shall specify the date when such compensation
and insurance expires. The Seller agrees thm such compeer lion and insurance shall be maintained until ahir me
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me rntire respmmsibility and liability, for any vd all damage, I. or injury of ony kind
r wture wharamuca On persons or property aimed by or resulting from me execution ofthe work provided for in
this purchase order or an cawmtion Iterewid, The Seller will indemnify and (told hold. me Purchaser and any
cr all of the Purchasers officers, agents and employees Imo and against any and all claims, lasesmes, , daag
harges or expenses, whether direct or indirect, and whether to Panama or Property to which the Pumb aver may
M par or subject by team. of any ace, action, neglect, omission or default on me pan of the Seller, any of his
eontmrnma, or my of the Sellers or controm m, olBem, agents or employees. In case any suit or other
proceedings still be brought against the Pord aser, or its ¢them, agents or employees at any time on account or
by reawn of any act azfir% neglect omission or &fouh of the Seller of any of his contracmrs or any of its or
hcir officers, agents m employees as of said, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to Pay any and all costs, charges, i n obeys fees cud the, expemex
my and all judgment that may be incurred by or obtaned against the Purchaser or any of its or their offers,
agent or employees in such suit or other proceedings, and in wse judgment or other lien be placed upon at
obtained against the property of Ne Purchasm, or said parties in or m a result ofmah allies ant other proceedings.
the Seller will at once cause the same m b, dissolved and discharged by giving bond or otherwise. The Seller and
his conwemrs shall take all safety Emtnimm, famish and install all goods necessary for the prevention of
accident, comply with all laws and regulations with regard as safety including, but without limitation, the
Occupctional Safety and Health Act of 1970 and all roles and regulations issued rorsuwt mertto.
Revised MOON