Loading...
HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9112548PURCHASE ORDER PO Number Page City Of///��� 9112548 1 of 2 Fort Collins This number must appear / on all invoices, packing slips and labels. Date: 05104/2011 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 Delivery Date: 05/04/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price MULBERRY POOL NETWORK UPGRADE 1 LOT LS 7,323.51 QUOTE: QUO-330214TRX46-1 Total $7,323.51 C3. O✓l�-�s4 � 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 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions herref, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights m remedies pmvidcd hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or 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 wamntita or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomancc herenfor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior on subacqucnt default hereunder, nor shall any purponcd oral modification or rescission of this purchase order by the Purchaur operate as a waiver of any of the toms Inspection. GOODS are subject to the City of Tort Collins inspection on arrival. hncof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, nercharges resulting Form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bomc by the Purchaser. Thcrtudom, for good cause and as consideration for executing this purchase order, the Seller hcrcby as. igns in the Purchaser any and all claims it may now have or hereancr Freight Tems. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fan Collins, CO 80522. unless acquired tinder federal or state antitrust laws for Stich overcharges relating to the panicular goods or services othcroisc Specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. R'here manufacturers have distributing points in various parts of the country, shipment is If the Purchaser, directs the Scllcr to correct nonconforming or defective good by a date to be agreed upon by thr expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcrca0cr indicates its inability or unwillingness to comply, the Pumbur .shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available in it. and the Scllcr shall pay all costs associated with Stroh work. Permits. Seiler shall procure at sellers sale cost all necessary pmnit, certificates and licenses required by all applicable laws, regulations, ordinances and mia of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authoriration. All panics to this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said parties, 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 Seiler are 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 ofthc 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, acceptance ofpenial late deliveries, shall opcmte as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing 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 reasonably foreseeable which arc beyond its rcaaonablc control and without its fault ofncgligcnce. such acts office. acts ofeivil or military authorities, govcminici ml priontics, fires, strikes, flood, epidemics, evars 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 Stich delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all grads, 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 cart and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any def cts or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tans ofany applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unrcmonabdy delayed), resulting From imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamary. Except as otherwise provided in this purchase order, the Scllcm liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wares icS or guarantees, but such liability shall in no event include Inss of profits or loss of use. 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 women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tcmts, including additions to or deletions Foam the quantities originally ordered in the specifications or drawings, by verbal or written change indict. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement a, to 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 pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthc goods and/or work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Scller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in Strict compliance with all applicable laws and regulations to which the good 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 from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with Stich law. 9. ASSIGNMENT. Neither party shall assign, mnsfer, or convey this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seiler warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cnemabranccs and claims of others. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of the party released and Shall extend to the directors, efforts and employees ofsach party. The Seller's cotnractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused In be performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent trademark or copyright, the Scllcr shall indemnify and rave harmless the Purchaser Form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of s ch infringement at any time during the prosecution or after the completion of the work. In case Said equipment, 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 enjoined, the Seller Shall, it it own expense and at its option, either procure for the Purchaser the right to continue using said equipntcal or parts, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkmpt make an assignment for the hencht of creditors, appoint a receiver m tmstec 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 of the agreement and the right of all panics hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the Services of Scllcrs Representative(,), an the premises of ethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's non risk until the come is folly completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or mnterials before Seller's final completion and acceptance. complete the work at Sellers own expense and to the satisfaction of the Puchaser. 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 Ihcmfor as though such materials and/or equipment were being famished by the Scllcr nndcr the order. 18. INSURANCE. The Seller shall. at his own expense, pmide for the payment of workers compensation, including occupational disease hcnefits, to its employees employed on or in connection with the work covered he this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller Shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of st least S300.001) for any one person. S500,000 for anv one accident and property damage limit per accident of S400.000, The Seiler Shall likewise require his contractors if any. to provide for etch compensation and insurance. Delete any of the Scllcrs or his contractors employees shall do any work upon the premiscS ofoahers, the Scllcr shall famish the Purchaser with a ecnificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such ecnifreatcs shall specify the date when such eompemodion and insurance expires. The Scllcr agrees that such eompiromion and insurance shall be nuaimilmed on it after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire te,ponaibility, and liability for any and all damage. Inss ar injury ofany kind or nature whatsoever to persons or propery caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hmmlcss the Purchaser and any or all of the Purchases officers, 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 act, action, neglect, omission or defoull on the part of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Pumhascr, or its officers, agents or employees m nary line on account or by reason of any act, action, neglcat, omission or default of the Seiler of any of his contractors or any of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all Boss, charges. attorneys fees and other expense%, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their omccrs. agents or employees in such suits or other proceedings and in case judgment or other lien be placed upon or obtained against the property of the Purchnscr, or said panics in nr as a result of s ch suits or other proceedings, the Seller will at once cause the saute to be di%solved and discharged by giving bond or othem ise. The Scller and his contractors shall lake all safety precautions, famish and install all guards necessary for the prcvcntion of accidents, comply with all laws and regulations with regard to Safety including, bill without limitation, the Occupational Safetyand Health Act of 1970 and all rues and regulations issued Pursuant thereto. Revised 03/2010