HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9164778Contract #: RS-047697 MSDSonline Proprietary and Confidential Page 1 of 2
MSDSonline
Signature: {{Sig_es_:sender:signature:font(name:Arial,size=7)}}
Name: {{Sig_es_:sender:fullName:font(name:Arial,size=7)}}
Title: {{Ttl_es_:sender:title:font(name:Arial,size=7)}}
Date: {{Dte_es_:sender:date:font(name:Arial,size=7)}}
City of Fort Collins
Signature: {{Sig_es_:signer:signature:font(name:Arial,size=7)}}
Name: {{Sig_es_:signer:fullName:font(name:Arial,size=7)}}
Title: {{Ttl_es_:signer:title:font(name:Arial,size=7)}}
Date: {{Dte_es_:signer:date:font(name:Arial,size=7)}}
Net 30
Annually
8/19/2016
PO Number:
Payment Terms:
Billing Frequency:
Initial Invoice Due:
Not Applicable
8/19/2016
8/18/2019
3 Years
1 Location(s)
Related Contract:
Contract Start Date:
Contract End Date:
Term:
Coverage:
Ship to:
City of Fort Collins
Claire Goodwin
215 N. Mason
Fort Collins, CO 80522
Customer
Attn:
Address:
Bill to:
City of Fort Collins
Claire Goodwin
215 N. Mason
Fort Collins, CO 80522
Customer:
Attn:
Address:
RS-047697
5/19/2016
Mike Ballweg
8/24/2016
Contract Number:
Contract Date:
Sales Rep:
Offer Valid Through:
222 Merchandise Mart Plaza, Suite 1750
Chicago, IL 60654
Ph: 312.881.2000
Fax: 866.590.4961
Tax ID #: 04-3626476
Customer Order Form
Customer Information
Terms and Conditions
Contract #: RS-047697 MSDSonline Proprietary and Confidential Page 2 of 2
Exhibit A
Base subscription pricing includes:
1 annual HQ subscription(s) for the Customer and its employees included within the Coverage of this agreement
A Primary Account Administrator and 25 Additional Administrator(s). Additional Administrators may be purchased for $100 per
Administrator.
Unlimited MSDS database searches, views and additions to the eBinder.
Annual allotment of 50 MSDS Requests and 100 MSDS Uploads. Additional MSDS Requests may be purchased in bundles of
fifty (50) for $200; additional MSDS Uploads may be purchased in bundles of (100) for $200.
Implementation Services and Customer/Technical Support.
To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall
be subject to annual appropriation by City Council. In the event the City Council does not appropriate the necessary funds, the
City will issue written notice to MSDSonline and the City may terminate the agreement without any further duty or obligation
hereunder.
Unless otherwise noted, all fees are in USD, and Year One (1) fees become due on the Contract Start Date, as noted on page one
(1) of this agreement. The Contract Start Date reflects the subscription “anniversary date”; subsequent yearly fees will be invoiced
between 45 and 60 days before each anniversary date, with payments due prior to each anniversary date. Customer may at its
discretion pre-pay the full term of the agreement. Sales tax associated to this Order will appear on the invoice, where applicable.
Addendum to MSDSonline INC. Master Subscription Agreement for
City of Fort Collins
The following language will be used in replace of and/or added to the current language found in the
MSDSonline MSA
12.5 Arbitration. Except for any claims or actions seeking injunctive relief for a breach or alleged breach
of Section 5 or Section 6, any dispute, claim, or controversy arising out of, or relating to, this Agreement
(a “Dispute”) shall be addressed in accordance with this Section 12.5. Each Party agrees to notify the
other in writing as soon as reasonably practicable after becoming aware of the basis of a Dispute and to
use commercially reasonable efforts to informally resolve or settle the Dispute after providing or
receiving such a notice. Nevertheless, if the Parties fail to resolve such a Dispute within thirty (30) days
after the date that such notice was received; either Party may submit the Dispute to binding arbitration
in accordance with the Commercial Arbitration Rules of the MSDSonline Inc. 11 MSDSonline Master
Subscription Agreement American Arbitration Association then in effect. Any such arbitration shall be
conducted in The State of Colorado before an arbitrator having at least five (5) years experience in the
information technology industry. Judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof. Notwithstanding the foregoing, where the dispute is monetary in
nature and the amount involved does not exceed $30,000.00, either party may waive arbitration and
prosecute the claim in a court having jurisdiction consistent with Section 12.4 above.
12.3 Governing Law. This Agreement shall be governed by and construed under the substantive laws of
the State of Colorado, without regard to choice of law provisions thereof. The application of the United
Nations Convention of Contracts for the International Sale of Goods and the provisions of any state law
adopting, in whole or in part, or in any modified form, the provisions of the Uniform Computer
Information Transactions Act are expressly excluded here from.
12.4 Forum. The exclusive forum and venue for any legal or equitable claim or action brought in
connection with this Agreement shall be the state and federal courts situated in the State of Colorado.
The Parties hereby irrevocably submit and consent to the personal and subject matter jurisdiction of
such courts and irrevocably waive any objection or claim that venue is improper for any reason in such
courts.
Signature:
Email:
Title:
Sarah Sarah Goldstein Goldstein (Aug 9, 2016)
Customer Care
sgoldstein@ehs.com
MSDSonline Renewal Order
Form
Adobe Sign Document History 08/09/2016
Created: 08/09/2016
By: Sarah Goldstein (sgoldstein@ehs.com)
Status: SIGNED
Transaction ID: CBJCHBCAABAA2RXeoAp5ZpYbWVvTcqhnAU4CRcqsU0yu
“MSDSonline Renewal Order Form” History
Document created by Sarah Goldstein (sgoldstein@ehs.com)
08/09/2016 - 8:47:51 CDT - IP address: 136.146.208.8
Document emailed to Gerry Paul (gspaul@fcgov.com) for signature
08/09/2016 - 8:47:55 CDT
Document viewed by Gerry Paul (gspaul@fcgov.com)
08/09/2016 - 8:59:52 CDT - IP address: 198.59.47.100
Document e-signed by Gerry Paul (gspaul@fcgov.com)
Signature Date: 08/09/2016 - 9:00:49 CDT - Time Source: server - IP address: 198.59.47.100
Document emailed to Sarah Goldstein (sgoldstein@ehs.com) for signature
08/09/2016 - 9:00:49 CDT
Document viewed by Sarah Goldstein (sgoldstein@ehs.com)
08/09/2016 - 3:26:22 CDT - IP address: 209.160.200.35
Document e-signed by Sarah Goldstein (sgoldstein@ehs.com)
Signature Date: 08/09/2016 - 3:30:05 CDT - Time Source: server - IP address: 209.160.200.35
Signed document emailed to Gerry Paul (gspaul@fcgov.com) and Sarah Goldstein (sgoldstein@ehs.com)
08/09/2016 - 3:30:05 CDT
MSDS Management Qty Year 1 Year 2 Year 3
HQ Account 1400 $7,599.00 $7,599.00 $7,599.00
MSDS Management License(s) 14 $1,400.00 $1,400.00 $1,400.00
MSDS Management License(s) 11 $0.00 $0.00 $0.00
Total: $8,999.00 $8,999.00 $8,999.00
This Customer Order is governed by the terms and conditions of the MSDSonline Master Subscription Agreement, as posted on www.MSDSonline.com. By signing below,
Customer agrees to be bound by such terms and conditions. MSDSonline may deem this Customer Order null and void if executed agreement is not received by MSDSonline
by the “Offer Valid Through” date listed above, or if the document is returned with handwritten changes.
Gerry Gerry Paul (Paul Aug 9, 2016)
Aug 9, 2016
Gerry Paul
Director of Purchasing