Loading...
HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9112547City OfPURCHASE ORDER PO Number IPage Collins 9112547 t of 2 `t / v olI In C This number must appear �7 on all invoices, packing slips and labels. Date: 05/04/2011 Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 400 DENVER Colorado 80209 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Eft. ;off — Ll��-g8()w Delivery Date: 05/04/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 LINCOLN CENTER NETWORK VOIP QUOTEM QUO-32543-SMMPBD-2 U 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT LS Total Invoice Address: 18,136.33 $18,136.33 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tonsil, may be retuned to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon .strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods heretmder or approval of the design, shall net release the Seller of any of the warn e ies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hucefor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prim or subsequent default hcrcunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser encode as a waiver of any of the terms hereof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize the, in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact born, by the Purchaser. Theretofore, for good cause and as consideration for executing This purchase order. the Scllcr hereby assigns to the Purchaser any and all claims it mny now have Or heree0cr Freight Teens. Shipments must be F.O.D., City of Fort Collins Wit) Wood St. Fun Collins, CO 80522, unless acquired under federal or state mnitntsl Incas for such overcharges relating to the lin"iciilar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight pinchased or acquired by the PTlrchi scr pursitant to this purchase order, bill must accompany invoice. Additional charges for packing rill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller In tarred nonconforming or defective goods by a date to be 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 thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary Perini certificates and licenses required by all applicable laws, regulations ordinances and roles of the state, municipality. territory or political subdivision where the work is perforated, 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 harmlcs from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirementt. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to The terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and 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 performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, aeecptnnec of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this order d,cwhcrc and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due in causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of(mid, acts ofcivil or military authorities, governmental priorities Dees. strikes Rood, 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 mmived knowledge thereof In the event ofany such delay. The date of delivery shall be extmdcd for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, 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 cam and compdmce in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Sellershall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the tents of any applicable wamnty provided by the Seiler nOcr The date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. Cl IANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms, including additions to or deletions from the gomaitiee originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pori may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment berwoen the parties as to any work m materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa doe uncompleted portion of the goods 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 arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assented within thirty (30) days fmm the dam the change or termination is ordered, 8. COMPLIANCE WITH LAW. The Seller wamnt that all gads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless 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 the prior wTincn consent of the other party. 10. TITLE. The Seller ...is full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in peformance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cm uenbermes and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance fsuch work. This relese shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsuch party. The Seller's contrachtal obligations, including warm my. shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by letter. patent, trademark or copyright, the Seiler 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 process in connection with the contract, and shall indemnify the Purchaser for any eon. expense or damage which it may be obliged to pay by reason of such infringement at any time during the presmulion or after the completion of the work. In case said equip nmcut. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and The use of said equipment or pan is enjnined, the Seiler shall, at its own expense and at its option, either procure for The Purchaser the right to continue using said equipment or parts, replace the same with su ,Oratinliy ectal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation of The agreement and the rights Turn parties hereunder shall he construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represembeive(s), on The premises of mhars. 17. SELLERS RESPONSIBILITY. The Scllcr sha11 carry on said work at Sellers own risk until the saute 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 Seller', 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 become responsible therefor as though such mzerids and/or equipment were being famished by The Seiler under The order. IS. INSURANCE. The Seller shall, at his own expense, provide for The payment of workers compensation, including occupational disease benefit, To its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes ofthe state in which the work is To be done. The Seller shall also carry comprehensive general liability including, but not limited to, contrnmuol and automobile public liability insurance with hmlily injury and death limit of at least 5300,000 for any One persou. S560,000 for any one accident and progeny dnmagc limit per accident of S40n.000. The Seller shall likewise require his contractors, if any. To provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall foamy work upon the premises ofothers, The Seiler shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date .when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until m1c, the entire .work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind Or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purehnscr and any or all of the Purchasers effects, agents and employees from and against any and all claims losses, damages. charges or expenses, whether direct or indirect and whether to persons or property To which the Purchaser may be put or subject by reason of any net. action, neglect omission or default on the pan of the Seller. any of his contractors, or any of The Sellers or contractors officers, sprats or employees. In case any suit or other proceedings shall be brought against The Purchaser, or its officers, agents or employees many time moo nccmmt or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of it of their officers, agents or employees as aforesaid, the Seller hereby agree, to assume The defense Thereof and to defend The same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgnanl, That nifty be incurred by or obtained against The Purchaer or any of its or their offices, agents Or a mploycc in such suits or other proceedings, and in rose judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such snits or other proceedings, the Seller will at Once cause the same to be dissolved and discharged by giving band or other, kc. The Seller and his contractors shape take all safety precautions, furnish and install all guards necessary for the prevention of accident, comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all ndes and regulations issued pursuant thereto. Revised 03/20I0