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HomeMy WebLinkAboutSoftwareSolutions PO_602726 MS Forms and Sharepoint Hourly TrainingPurchase Order 602726 Order Date 04-JUN-2019 Change Order 0 Change Order Date 04-JUN-2019 Revision 0 Ordered 375.00 USD INCLUDE PURCHASE ORDER NUMBER ON ALL INVOICES & CORRESPONDENCE SEND ALL INVOICES TO AP@SLOCITY.ORG INCLUDE DELIVER TO CITY STAFF CONTACT NAME ON ALL INVOICES Sold To City of San Luis Obispo 990 Palm Street SAN LUIS OBISPO, CA 93401 Supplier SOFTWARE SOLUTIONS TEAM 3220 S Higuera St #208 SAN LUIS OBISPO, CA 93401 Bill To City of San Luis Obispo 990 Palm Street SAN LUIS OBISPO, CA 93401SAN LUIS OBISPO UNITED STATES Ship To 990 Palm Street SAN LUIS OBISPO, CA 93401SAN LUIS OBISPO UNITED STATES Notes USD = US Dollar Customer Account Number Supplier Number Payment Terms Freight Terms FOB Shipping Method 10055 Net 30 Destination Confirm To Deliver To Contact Esteban Cano-Gutierrez Stephanie Couch Phone 1-805-781-7129 Line Item Price Quantity UOM Ordered Taxable 1 Software Solutions - Hourly Consulting MS Forms and Sharepoint with Derek 375.00 Supplier Item Software Solutions - Hourly Consulting MS Forms and Sharepoint with Derek Promised 375.00 06/11/2019 Requested 06/11/2019 Requested and Promised Dates correspond to the date of arrival at the Ship-to Location. Line Total 375.00 Total 375.00 1 Purchase Order 602726 2 Purchase Order 602726 Proprietary and Confidential Contract Terms and Conditions Purchase Order Terms and Conditions General Terms & Conditions Acceptance.By delivering the ordered goods or commencing performance under this Purchase Order,("Order")supplier agrees to the general terms,specifications,and conditions in or referenced by this document.If supplier and The City of San Luis Obispo ("City")have entered into a contract outside of this Order,the terms and conditions set forth in the contract shall prevail.Supplier's additional or different terms and conditions are expressly excluded from this Order and the City does not agree to such terms or conditions,unless such agreement is made expressly,in writing by the City's authorized representative,or a contract has been signed outside of this Order between the supplier and The City. Business License &Tax.Supplier must have a valid City of San Luis Obispo business license and tax certificate prior to execution of the contract.Additional information regarding the City's business tax program may be obtained by calling (805)781-7134. Ability to Perform.Supplier warrants that it possesses,or has arranged through subcontracts,all capital and other equipment,labor, materials,and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal,state,county,city, and special district laws,ordinances,and regulations. Warranties.Supplier warrants that all goods delivered will be free from defects in workmanship,material,and manufacture;are new (not refurbished or reconditioned)unless otherwise stated in this Order;are of merchantable quality and fit for the purpose intended by the City to the extent that purpose has been disclosed to Supplier;complies with the requirements of this Order;and complies with all applicable laws and regulations.Supplier also warrants that all services performed under this Order shall be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws and regulations. Changes.No change or modification in terms may be made without express authorization,in writing by the City's authorized representative. Delivery.Supplier agrees that time is of the essence to delivery and any other performance required under this Order.No charge for delivery,parcel post,packing,cartage,insurance,license fees,permits,or any other purpose will be paid by the City unless it is expressly included on the face of this Order.Supplier must arrange for the lowest-cost transportation and prepay and add freight to its invoice.If delivery is made by a carrier,an itemized delivery ticket must be attached to the outside of the package.Each container or package must be marked with the Order number. Laws to be Observed.Supplier shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. Payment of Taxes.The contract prices shall include full compensation for all taxes that Supplier is required to pay. Permits and Licenses.Supplier shall procure all permits and licenses,pay all charges and fees,and give all notices necessary. Safety Provisions.Supplier shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety Public and Employee Safety.Whenever Supplier's operations create a condition hazardous to the public or City employees,it shall,at its expense and without cost to the City,furnish,erect and maintain such fences,temporary railings,barricades, lights,signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. Preservation of City Property.Supplier shall provide and install suitable safeguards,approved by the City,to protect City property from injury or damage.If City property is injured or damaged as a result of Supplier's operations,it shall be replaced or restored at Supplier's expense.The facilities shall be replaced or restored to a condition as good as when the Supplier began work Immigration Act of 1986.Supplier warrants on behalf of itself and all sub-Suppliers engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. Supplier Non-Discrimination.In the performance of this work,Supplier agrees that it will not engage in,nor permit such sub-Suppliers as it may employ,to engage in discrimination in employment of persons because of age,race,color,sex,national origin or ancestry,sexual orientation,or religion of such persons. Work Delays.Should Supplier be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default,act,or omission of the City,or by strikes,fire,earthquake,or any other Act of God,or by the inability to obtain materials,equipment, or labor due to federal government restrictions arising out of defense or war programs,then the time of completion may,at the City's sole option,be extended for such periods as may be agreed upon by the City and the Supplier. Payment Terms.The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Supplier (Net 30). Inspection.Supplier shall furnish City with every reasonable opportunity for City to ascertain that the services of Supplier are being performed in accordance with the requirements and intentions of this contract.All work done and all materials furnished,if any,shall be subject to the City's inspection and approval.The inspection of such work shall not relieve Supplier of any of its obligations to fulfill its contract requirements. Audit.The City shall have the option of inspecting and/or auditing all records and other written materials used by Supplier in preparing its invoices to City as a condition precedent to any payment to Supplier. Interests of Supplier.Supplier covenants that it presently has no interest,and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder.Supplier further covenants that,in the performance of this work,no sub-Supplier or person having such an interest shall be employed.Supplier certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City.It is hereby expressly agreed that,in the performance of the work hereunder,Supplier shall at all times be deemed an independent Supplier and not an agent or employee of the City. Hold Harmless and Indemnification.Supplier agrees to defend,indemnify,protect and hold the City and its agents,officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Supplier's employees,agents or officers which arise from or are connected with or are caused or claimed to be caused by 3 Purchase Order 602726 Proprietary and Confidential the acts or omissions of Supplier,and its agents,officers or employees,,in the performance of all obligations under this Agreement,and all expenses of investigating and defending against same;provided,however,that Supplier's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. Contract Assignment.Supplier shall not assign,transfer,convey or otherwise dispose of the contract,or its right,title or interest,or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. Termination.The City may terminate all or part of this Order for any or no reason at any time by giving notice to Supplier.Should the City terminate this Order for convenience,the City shall be liable as follows:(a)for standard or off-the-shelf products,a reasonable restocking charge not to exceed ten (10)percent of the total purchase price;(b)for custom products,the less of a reasonable price for the raw materials,components work in progress and any finished units on hand or the price per unit reflected on this Order.For termination of any services pursuant to this Order,the City's liability will be the lesser of a reasonable price for the services rendered prior to termination,or the price for the services reflected on this Order.Upon termination notice from the City,Supplier must,unless otherwise directed,cease work and follow the City's directions as to work in progress and finished goods. Ownership of Materials.All original drawings,plan documents and other materials prepared by or in possession of Supplier as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. Release of Reports and Information.Any reports,information,data,or other material given to,prepared by or assembled by Supplier as part of the work or services under these specifications shall be the property of City,and shall not be made available to any individual or organization by Supplier without the prior written approval of the City. Copies of Reports and Information.If the City requests additional copies of reports,drawings,specifications,or any other material in addition to what Supplier is required to furnish in limited quantities as part of the work or services under these specifications,Supplier shall provide such additional copies as are requested,and City shall compensate Supplier for the costs of duplicating of such copies at the Supplier's direct expense. Insurance.Supplier shall procure and maintain for the duration of the Order insurance that is sufficient in scope and amount to permit Supplier to pay in the ordinary course of business against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Supplier,its agents,representatives,employees or sub-contractors.Supplier will maintain Workers Compensation insurance at statutory levels covering all employees who perform work under this Order. General Terms &Conditions specific solely for Public Works Purchase Orders &Projects Compensation for Authorized Additional Expenses.To receive compensation for additional expenses outside the scope of the project work,the Contractor shall obtain prior written authoriza-tion from the City to incur those expenses.Compensa-tion for these addition-al expenses shall include time and materials. Payment Terms.The Contractor may request one progress payment each month for work satisfactorily completed and accepted by the City.The City shall issue payment within 30 days.The City shall withhold 10 percent of each progress payment as retention to ensure resolution of any stop notices or liens.The City shall release this retention 35 days after filing a notice of completion. Ability to Perform.The Contractor represents that it possesses,or has arranged through subcon-tracts,all capital and other equipment, labor,materials,and licenses necessary to carry out and complete the project work in compli-ance with any and all federal,state,county, city,and special district laws,ordinanc-es,and regulations. Payment of Taxes.The project prices shall include full compensation for all taxes that the Contractor is required to pay. Permits and Licenses.The Contractor shall procure all permits and licenses,pay all charges and fees,and give all notices necessary to perform the project work. Immigration Act of 1986.The Contractor warrants on behalf of itself and all subcontractors engaged for the project work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the project work. Contractor Non-Discrimination.In performing the project work,the Contractor agrees that it will not engage in,nor permit such subcontractors as it may employ,to engage in discrimination in employment of persons because of age,race,color,sex,national origin or ancestry,sexual orientation,or religion of such persons. Interests of the Contractor.The Contractor covenants that it presently has no interest,and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the project work.The Contractor further covenants that, in the performance of the project work,no subcontractor or person having such an interest shall be employed.The Contractor certifies that no one who has or will have any financial interest in performing the project work is an officer or employee of the City.It is hereby expressly agreed that,in the perfor-mance of the project work,the Contractor shall at all times be deemed an indepen-dent contractor and not an agent or employee of the City. Indemnification.To the fullest extent permitted by law,the Contractor shall indemnify,protect,defend and hold harmless the City and any and all of its officials,employees and agents ("Indemnified Parties")from and against any and all losses,liabilities,damages,costs and expenses,including attorney's fees and cost which arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of the Contractor. Assignment.The Contractor shall not assign,transfer,convey or otherwise dispose of the project work,or its right,title or interest,or its power to execute the project work to any individual or business entity of any kind without prior written consent from the City. Termination.If during the term of the project work,the City determines that the Contractor is not faithfully abiding by any term or condition contained herein,the City may notify the Contractor in writing of such defect or failure to perform.This notification must give the Contractor a 10 calendar day notice of time thereafter in which to perform the project work or cure the deficiency.Not performing the work or curing the deficiency within the 10 days specified in the notice shall consti-tute a breach of the project conditions and the City may terminate the project immedi-ately by written notice to the Contractor.Thereafter,neither party shall have any further duties,obliga-tions, responsi-bilities,or rights regarding the project.In this event,the Contractor shall be entitled to the reasonable value of its services per-formed from the beginning date in which the breach occurs up to the day it received the City's notice of termination,minus any offset from such payment representing the City's damages from such a breach.The City reserves the right to delay any such payment until completion or confirmed abandonment of the project,as may be determined in the City's sole discretion,so as to permit a full and complete account-ing of costs.In no event,however,shall the Contractor be entitled to receive in excess of the compensation specified. Faithful Performance Bond.The Contractor shall furnish a surety bond in the amount of 125 percent of the contract price guaranteeing the 4 Purchase Order 602726 Proprietary and Confidential faithful performance of the contract,including any attorney's fees or other collection costs. Work in the Right-of-Way or on City Property.For work on City managed property,the contractor/consultant shall obtain a no-fee encroachment permit.A Traffic Control Plan and Water Pollution Control Plan shall be submitted and approved prior to issuance of the permit unless determined by the City not to be required. Prevailing Wage.The Contractor and any subcontractors are required to pay prevailing wage and must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. Insurance.The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or dam-ages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,its agents, representatives,employees or subs. Minimum Scope of Insurance.Coverage shall be at least as broad as: a.Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). b.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). c.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance.The Contractor shall maintain limits no less than: a.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other forms with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b.Automobile Liability: $1,000,000 per accident for bodily injury and property damage. c.Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentions must be declared to and approved by the City.At the option of the City,either:the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its officers, officials,employees and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions.The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provi-sions: a.The City, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. b.For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insur-ance or self-insurance maintained by the City, its officers, offi-cials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. c.Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. d.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A:VII. Verification of Coverage.The Contractor shall furnish the City with a certificate of insurance showing the required coverage.Original endorse-ments affecting general liability and automobile liability coverage are also required by this clause.The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.All endorsements are to be received and approved by the City before work commences. Subcontractors.The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certifi-cates and endorsements for each subcontractor.All coverages for subcontractors shall be subject to all of the requirements stated herein. By accepting this Purchase Order,Supplier certifies that not less than the prevailing wage rates,established by the Department of Industrial Regulations pursuant to Labor Code 1773,shall be paid to all workers performing under this Purchase Order For work on City managed property,the contractor/consultant shall obtain a no-fee encroachment permit.A Traffic Control Plan and Water Pollution Control Plan shall be submitted and approved prior to issuance of the permit unless determined by the City 5