HomeMy WebLinkAbout536664 GLOBAL SHE SOLUTIONS LLC - PURCHASE ORDER - 9150695PO
PURCHASE ORDER 915069er Page
C117/ of PURCHASE
50695 1012
Flirt Collins( This number must appear
��,/`I ` V " on all invoices, packing
�slips and labels.
Date: 01/29/2015
Vendor: 536664 Ship To:
RISK MANAGEMENT DIVISION
GLOBAL SHE SOLUTIONS LLC
CITY OF FORT COLLINS
15 COVE VIEW CT
215 N MASON, 2ND FLOOR
COCOA BEACH FL 32931
FORT COLLINS CO 80524-4408
Delivery Date: 01/29/2015
Buyer: PAUL, GERRY
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR, DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Consulting Services
Safety Director
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.mm
1 LOT LS
30,000.00
Total
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
I. COMMERCIAL DETAILS.
Tax exemptions. By scrum the City of Fan Collins is exempt fmm state aad local taxes. Our Exemption Number is
98-04502. Federal Pat Tax Exempdoo Certificate of Registry 84-6000587 is regissnm with the Collector of
Interal Revenue, Denver. Col..& (Ref Colomdo Revised Scopes 1973. Charges 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to one specification. eider when shipped or due to defects of
damage in mansit may be command to you for credit and art not m be rotational except upon receipt of written
instructions from the City of Fan Collins.
Inspection GOODS ore subject to one City tarpon Collins inspection on animal.
Final Acapam ca. Receipt of the merchandise, wavices or equipment in tearoom In this We, an rrsult in
authorized payment on the part of the City of Fan Collins. However, it is 10 be understand that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight'1'ems. Shipments must be F.O.B., City of Fun Collins, 700 Wood Sr, Fed Collins, CO 80522, unless
otherwise specified on this order. If permusion is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional changes for packing will not he accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the neatest distribution Point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall p.. at sellers to cast all necessary prams, renifiates and lions. required by all
applicable laws, regulations, ordinane¢ and miss ofthe spite, municipality, territory or political subdivision where
the work is perforned, or required by any other duly constituted public authority havingjuriauction over the work
of and., Sella further, agrees to hold the City of Fan Collins bamtleas from and agaim, all liability and loss
incurred by them by reason of an assrned or established violation of any such laws, regulations, ordinances, miles
and requirements.
Authorization. All panic to this contract agree that the representatives arc, in fact, bona fit, and possess full and
omplete amhoriry to bind said parties.
LIMITATION OF TERMS, This Purchase Omer expressly limits acepmnce m the to. and conditions noted
herein set marl, and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURC14ASWG AGENT immediately ifyou cannot make complete shipment to =or on your
promised delivery date as noted. Time is of fe essence. Delivery and performance must be eRected within the time
stated an the purchase order and the documents attached hereto. No acts of the Purrhmers including, without
limitation, acceptance internal late deliveries, shall climate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elzewhen
and holding the Sella liable for damages. However, the Seller shall not be, liable for damages as a result of delays
due to dusts not reasonably foreseeable which arc beyond his reasonable comrol and without its facts of negligence,
such aces of Gad, acts afcivil or military authorities, governments) priorities, fir, sienna, Road, epidemics, wars at
riots provided that notice of the conduors nosing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received umaludge that In the event of any such delay, the dam of delivery shall be
extended for the pined equal to de time roared), lost by ream. of d, delay.
3. WARRANTY.
The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted mandard f work of a
similar nomrc. The Seller agrees to hold the purchaser ham0css from any loss, damage of expense which the
Purchaser may super or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make
gund, within, cost m the purchaser, any defects or fulls arising within one (1) year or within such longer period of
time in may be prescribed by law or by the terms crony applicable wrommy provided by the Seller after the date of
acceptance of the geed fmnlshed heauMer (acceptance not to be unreasonably delayed), resulting Tom imperfect
or defective work done or materials f mished by the Seller. Acceptance or use of goods by the Puachnsa shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
in gammees, but such liability shall in no event include loss of prefix ear loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchua may make changes to legal terns by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may mike any changes to de tams, other don legal across. including additions to or deletions from
the carnation originally ordered in the specifications or drawings, by verbal or wrinen change made. If any such
change affect, the amount due or de time ofperf r mance hereunder, a equieble adjastnsent shall he made.
6. TERMINATIONS.
The Purchaaas may at any time by wrimen change order, terminate this agreement as to any or all portions of the
good den not shipped, subject to any evincible adjustment between the parties as to any work or materials then in
progress Provided that the Purchaser shall not be liable for any claims 1'or anticipated prafts on the uncompleted
portion of the Valk and/or work, for incidental or mq nsuemm ial damages, and that no such adjustment be made in
favor of the Seller with respect to any gmJ, which are the Sellers standard slack. No such temd.mlu. shall relieve
the Purcbasa or she Seller mf.ny ofthen obligations as to any goals delivered Formula.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most Ise dammed within dirty (30) Jays from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, said, delivered aM Ravished in shin
compliance with all applicable laws and eegulatiom no which the goods am subject. The Seller shall execute and
deliver such documents as may be mlm red 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
radix y and hold the Purchaser luvmless fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without fc
prior wrinen consent ofthe other perry.
10, TITLE.
The Seller warrants full, clear and unrestdcted title to the Purchaser for all equipment, materials, and items fum¢hed
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
area mbeances and claims of odors.
I L NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions M1enwf failure or delay to
excheim any rights or remedies pmvided herein or by law, failure to promptly rmtify the Sella in the event of a
breach, the sentiment ofor payment for goods hereunder or approval ofthe dcsi®t, shall not release the Sella of
any of the woratlies or obligations of this pumbas, order and shall not be deemed a waiver of any right of the
purchaser to insist upon stria performance hereof or any of its rights or remedies as many such goods, regardless
of when shipped, received or occupied, as to any prior or subsequent default hereunder, nor shall any happened
oral much fianon or rescission of this purchase order by the Purchases operme as a waiver of my of the terms
hemof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognlu that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchases. Theretofre,nfor good enure and as consideration for executing this
purchase order, the Sella hereby assona to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges miming to the particular goods or services
purchased or acquired by the Pumhaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the
Porchmer and the Seller, and the Seller ferafer indicates its inability or unwillingness to comply, the Purchaser
may ause the work to be performed by the most expeditious mass addable ta it, and the Serer slash pay all
costs associated with such work.
The Seller shall release the Purchaser aM its contractors of any tier fmm all liability and claims of any nature
resulting from the performarce of such work.
This release shall apply even in the event of fault of negligence of the Wety, released and shall extend to the
directors, officers and employees of such party.
The Sellers continental obligations, including warranty, shall not be deemed to he reduced, in any way, because
such work is perfamtM or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, nal l ar process covered by lever, patent, trademark
or copyrighl, the Sol ler shall indemnify and save harmless the Purchase from any and all claims for infringement
try ream. of the use of such patented design, device, material or process in connection with de contract, and
.shall indemnify he Purchaser far, any cost, expense or damage which it may be obliged to pay by reason ofmch
inGngement as any time during the prosecution or after the completion of the work. In case said equipment, or
any pm thereof or the intended eau of the good, is in such suit held to constrain, infringement and the use of
said equipment or part is enjoined, fe Seller shall, at its own as,. and at its option, either Face for the
Purchases the right to continue using said equipment or pats, replace the mine with substantially equal but
noninfringing equipment, or modify it sea it becomes naninfringing.
15.INSOLVENCY.
If the Seller shall become insolvent or barkmpt make an usigment for the beret of creditors, spirit a
receiver or tns,ce for any of the Sellers property or business, this order may Forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
command under and governed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform weak hereunder,
including the services ofScll. Ramos aptative(s), on the Perot. efothers.
❑. SELLERS RESPONSIBILITY.
The Sella shall mrry oa said work at Sellers own risk until the same o fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work rancor materials before Sellers final completion and
aceepmneq complete the work at Sellers own expense and or the a rtiffactian of d, Purchaser. When matmals
and equipment me famished by others for installation or section by the Seller, d, Seller shall receive, unload,
store and handle vine or the site and become responsible therefor as dough such mpmak ardor equipment
were being famished by the Seller under the oaks.
18. INSURANCE.
The Sella shall, at his own expense, provide far the payment of workers romper tion, including a ampatimal
ilk. baeftrs, to its employees employed on or in examorlion with the work wvered by this purchase order.
as War to thew dependents in appearance with the laws of the state in which the work is to be, done. The Sella
shall elm carry comprehensive general liability including, but a., limited b, rontmmal and automobile public
liability insurance with bodily injury and dead hours of at least SJtIg000 for any one pastor, 5500," for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, or pmmdde for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do my work neon the premises of oilers, the Sells shall famish the Purchaser with a modicum
fhar such compensation and insurance have been provided. Such eenifcites shall specify the date when such
nmpensarion and insurance have been provided. Such certificates shall specify the dam when such cmmpenmtion
and insurance expires. The Seller agrees that such compensation and imumnce shall be maintained mill after the
entire work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire responsibilityand liability fr any and all damage, loss or injury crony kind
or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold h urni dw Purchaser and any
r all of she Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or fduma, and whether to permm or property to which the Purchser may
be, pp or subject by return of any act action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In cove my suit or other
proceedings shall he brought against the Purchaser, or its oRars, agents or employees M any nape an account or
by reaurn of any act, action, neglect, omission or default of nor Sells of any of his conuacmrs or my of its or
their officers, agents of employees as aforesaid, the Sella hereby agrees to autuoe fe defense thereat and to
defend the same at the Sellers own expense, to pay my and all costs, charges, moneys has and other expenses,
any and all judgments that may he incurred by or obtained against the Pumhaur or my of is or their officers,
agents or employees in such suits or other proceedings, and in are judgment or office lien he placed upon or
obtained against the property ofthe purch ser, or said parties in or as a result of rah suits or office proceedings,
the Seller will at once cause the same to be dissolved and disehaeged by giving bond or otherwise. The Sella and
his contractors shall arks all safety reservations, Famish and install all guards nerawary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety Am Health Act of 1970 and all macs and regulation issued pursuant thereto.
Revised 07ANU4