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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9117299City of /0,.F,,�ort Collins Date: 12112/2011 PURCHASE ORDER Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 400 DENVER Colorado 80209 PO Number Page 9117299 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 12/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I GTRI QUOTE#QUO-45317-RRYPYV-0 VZW ROUTER UPGRADE C3. Oi1a:s2�— 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: 5,136.88 $5,1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stamtes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein 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 matt specifications, either when shipped or due to defects of any of the ommarties or obligations of this purchase order and shall not be devoted a ssaiva 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 women purchaser to insist upon strict performance haeofor any ofits rights or remedies as to any such good, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescis,inn of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fon Collins inspection on arrival, hacoE Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IGNM ENT OF A NTITRUST CLAIMS. authaiud payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser mcogniw that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection precednms. 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 anv and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa 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. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct 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 Sel ter there. na indicates its inability or umvil l ingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts nssermted with such work_ Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses mcomed by all applicable laws, regulations, ordinances and roles 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 harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation..,, ordinances mles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bans 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 fanh and any supplementary or additional tames and conditions annexed hereto or incorporated herein by referctrce. Any additional or ditfcrrnt terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe exacter. Delivery and performance must be effected within the time stated on the purchase order and the deanmcnts anached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable menediuv, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such acts of God, act, of civil or military authorities, govartmental priorities, fims, strikes, flood, 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 fast 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 applicable dmwinga, 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 of a similar nature, The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may softer at incur on account ofthe Sellers breach of warm ay. The Seller shall replace repair or nadc 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 prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller afler the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not cnnsbtute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hercunda shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss 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 Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affect, the amount due or the time of performance hemunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bawxcn the parties as to any work or materials then in progrca provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthc 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 good., which are the Sellers standard stock. No such termination shnll relieve the Purchaser or the Seller 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. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are 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 hamtless from all costs and damages suffered by the Purchaser as n result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of otharc. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oR¢crs and employees of such party. The Seller's contractual obligations, including warranty, shall not he deemed to he reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or proccia covered by later. patent, trademark or copyright. the Seller 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 Purchase for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or toner the completion of the work. In ease mid equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of slid equipment at pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes ma infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hencfit of creditors. appoint a receiver or trustee for any of the Sellers progeny or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrns used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmal under and governed by the Ian's ofthe 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 Represatative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the snore 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's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site, and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, 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 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 time, of at least S300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. 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 do any work upon the pmmiscs ofothcrs, the Seller shall mmixh the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whim such compensation and insurance, have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumna shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided 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 officers, agents and employers from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Itasons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or dcf.'tult on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of any net, action, neglect, omission or default of the Seller of any of his contrnetnrs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees 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 Al judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in wch suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of .accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010