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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9112454City of art Collins PURCHASE ORDER PO Number Page 9112454 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 309435 Ship To: MIS GLOBAL TECHNOLOGY RESOURCES INC CITY OF FORT COLLINS 990 S. BROADWAY, SUITE 400 215 N MASON, 3RD FLOOR DENVER Colorado 80209 FORT COLLINS Colorado 80524-4 �Ay�D Delivery Date: 04/28/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price GTRI SMARTNET RENEWAL 1 LOT LS 161,633.98 THRU 2/29/2012 Total $161,633.98 �J Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-eA502. Federal Excise Tax Exemption Ccnificate of Registry 84-6OOOSR7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the Isms and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stabiles 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by haw, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be decreed a waiver of any right of the damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict Performance hcreofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hcrcundcr, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the hems Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhonzod payment on the pan of the City of Fen Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimat ACCEPTANCE is dgtendcni upon completion ofill applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for 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 falconer Freight Teats. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Too Collins, CO 80522, unless acquired under federal or state antihmst laws for such overcharges rdahing to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired byline Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser direms the Seller to correct nonconforming or defcaivc goads by a date to he agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thacifter indicates its inability ar unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work to be performed by the nmst expeditious means tall to it. and the Seller shall ryry all costs associated with such work. Pewits Seller shall procure at sellers sole cast all necessity permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdcss From and against all liability and loss incurred by them by reason offer asserted or established violation of any such laws, regulations, ordinances, macs and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, boon fide and possess fill] and compldc authooty to bind cuid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed h unto or incorpomted herein by reference. Any additional or different toms and conditions proposal by seller arc objected heard hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfomtancc must be effected within the time stated on the purchase order and the dauments attached lentil. No ens of the Purchasers including, without limitation, acceptance of partial late deliveries, shall o knot as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and exputahlc remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not miserably foreseeable which are beyond its retsoniblc control and without its fault of acgligare. such acts of God, acts ofeivil or military authorities, goveremcn al ptiodtics, fires. strikes, food, 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 any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applica ale 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 standards for work are similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. 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 picscribcd by law or by the torahs ofany applicable wamnty, provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Pnchaser shall not constitute a waiver orally claim under this wamnty. Except as otherwise Provided in this Purchase order, the Scllcrs liability bereunda shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gammntvcs, but such liability shall in no event include less of profits or lass of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchawr may make any changes to the term, other than legal toms, including additions to or deletions Team the quantities originally oMc¢d in the speeificannes or drawings, by verbal or written change order. If any such change affects the amount due ar the time of perfnmancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by ss'rittal change order, terminate this agreement as In any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for tiny claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. Iso such terannotion shall relieve the Purchaser or the Seller of any of their obligations as to any goods dcliwercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscrud within thirty (30) days From the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hacunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such dmcumcnts as may be required 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 Seller agrees to indemnify and hold the Purchaser harmless form all cost and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Nation parry shall assign. transfer, or convey this order, or any monies due or to become due hereunder without the poor written consent of the other party. 10, TITLE. The Sellerommnts full, clear and unrestricted tine to the Purchaser far all equipment, materials, fund items furnished in performance of this agreement. free ind clear of any and all Iicns, restrictions, reservations, scanty interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance of such mark. This release shall apply even in the even) of fault of negligence of the party released and shall cxtcnd to the directors. offers and employees ofsuch party. The Sclla's contractual obligations, including wamnty, shall not be (lamed to be reduced, in any may. because such work is performed or canoed to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or Process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save hamdcss the Purchaser front any and all claims far infringement by reason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify, the Purchaser for any cost, expense Cr damage which it may be obliged to pay by reason of -such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any an thereof or the intended osw of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, it its own expense and at its option, either procure for the Pnrchuscr the right to continue using said equipment or parts, replace the same with sowlarmilly equal but noninfringing equipment. or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or booknmt, make an assignment for the hawfit of creditors, appoint a receiver or trustee for any of the Sellers property or husincss, this oiler may forthwith he a recled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Isms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and govemed by the Imvs of the State of Colando. USA. The following Additional Conditions apply only in eases where the Seller is to perforce work hereunder, including the services of Scllcrs Representative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sclla's own risk until the same is fully completed and accepted and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scalers awn expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller Linda the order. IR. INSURANCE. The Seller .shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employeel on or in connection with the warts covered by this purchase order. anNer to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall at. o tarty comprehensive general liability including. but not limited to. contractual and automobile public Hibility insurance with bodily injury and death limits of at ha st S300.000 for any one Person. 5500.000 for any one accident and property damage limit per accident of 5400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insumna. Before any of the Scalers or his eontmctors employees shall do any .work Lilian the premises ofothcrs, the Seller shall furnish the Purchaser m ith a ccnifieate that such compensation and insurance have ban pmvidcd. Such certificates ,shall specify the date when such compensation and insurance have ban provided. Such ccnifterm%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 wad: is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibilityand liability for any and all damage, loss or injury ofany kind or nature whatsacwer to persons or property caused by or resulting From the execution ofthc work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers ofticas, agents and employees from and against any and all chilies losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny In which the Purchaser may be put or subject by reason of env act, action, neglect. omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractor o0icers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its olficas. agents or employees al any little on aceaunt or by reason c f any act, action, neglect muission or default of the Seller of wry of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and In defend the same it the Scllcrs awn expense, to pray any and all costs charges. attorneys fees and other expenses, any and all judgn¢nls that cony be incurred by or obtained against the Purchaser or nay of its or their office¢, ,agents or employees in loch suit or other proceedings, and in ease judgment or Ober lien be placed upon or obtained against the property ofthe Purchaser, or said part ics in or as a mot It of such suits or other proceedings. the Seller will at once carme the same to be dissolved and discharged by giving bond or otherwise. The Seller and his eontmctors shall take all safety precautions, furnish and install ill guards necessary for the pmention of accidents, comply with all paws and regulations with regard to safety including, bill without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued Pursuant thereto. Revised 03/2010 PO City of PURCHASE ORDER 9112454r Page Fort Collins ' of This number must appear on all /,'- invoices, packing slips and labels. Date: 04/28/2011 ��,� said mcarr@fcgov.com Vendor: 309435 Ship To: MIS GLOBAL TECHNOLOGY RESOURCES INC CITY OF FORT COLLINS 990 S. BROADWAY, SUITE 400 215 N MASON, 3RD FLOOR DENVER Colorado 80209 DATABASE FORT COLLINS Colorado 80524-4 Req #: 00039609 Delivery Date: 04/28/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price GTRI SMARTNET RENEWAL THRU 2/29/2012 1 LOT LS 161,633.98 Department Copy 508200.533310 Total $161,633.98