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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9117311PURCHASE ORDER PO Number Page City of 9117311 1 of z `t Collins This number must appear ` 1 1�7 on all invoices, packing slips and labels. Date: 12/12/2011 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 805244 Delivery Date: 12/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I GTRI QUOTE#QUO-45209-Q8XK89-2 S. WILSON 9m--� 2. O!l;-o-Q/� 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 Emall:purchasing@fcgov.com 1 LOT LS Total Invoice Address: 73,317.98 $73,317.98 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 98-04502. Federal Excise Tax Exemption Certificate of Registry Ito-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 transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions Firm 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 harms and conditions hereof failum or delay to exercise any rights or remedies pm% ded 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 ofthe design, shall not rclence the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any ofits; rights or remedies os to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase onicr by the purchaser operate 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 pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon exac on ofall 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 not, have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins. 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state amitmst laws for such overcharges relating 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 by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacmrcrs have distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision wham 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 harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinnnecs, rules and requirements. Authorization. All patties to this contract agree that the representatives arc, in fact, bona fide and posses 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 tcmts and conditions proposed by tiller arc 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 of the essence. Delivery and performance most be effected within toe time stated on the purchase order and the documents attached hereto. No acts of the purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this 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 elsewhere and holding the Seller liable for damages. Howwcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its musonable control and without its fault of negligence, such acts of God, aces of civil mr military authorities, gnvcmmcntal prienties, fims, strikes, food, epi demles, ants or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Set let first received knowledge thereof. In the event of any such delay, the date of dcl i very 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 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 of a .similar nature. The Seller agrees to hold the purchaser hornless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Seller; breach of warranty. The Seller shall 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 prescribed by law or by the lams of any applicable warranty, 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 famished by the Seller. Acceptance or use of goods by the Purchuacr shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warn, mica or guamntecs, but such liability shall in ao event include loss of profit 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 term¢ by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns. other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of pMormancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then net shipped, subject to am equitable adjustment between the parties as to any work or materials then in progress provided that the Pumhawr shall not be liable for any claims for anticipated prefils on the uncompleted portion ofthe 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 grads which arc the Sellers standard stock. No such termination shall relieve the Purchaur or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or lerminatinn is ordered. 8. 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidcnce 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 Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or coney this order, or any monies due or to become due hereunder without the prior written 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 cncumbmnccs and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaur and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser 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. The Seller shall release the Purchaser and it contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work, This release shall olgdy even in the event of fault of negligence of the party released and shall extend to the dirccmrs, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, pm r%tradcmark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reaxon of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost cxpcase or 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 caw mid equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the uw of said equipment or pan is enjoined, the Seller shall, at its o sm expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but anninfringing 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 Scllcr. property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions ofcemms used or the interpretation niche agreement and the rights ofall panics Immunder 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 RTiescmativeis), oa the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers ram 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 Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfactian ofthe Purchaser. Whcn materials and equipment are furnished 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 under the order. 19. INSURANCE, The Seller shall, at his own expense, provide for the payment ofworkem 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 hafily injury and death limits of at least S300,000 for any one person. $500." for any one accident and pmKny damage limit per accident of S400,060. 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 premises of others, the Seller shall furnish 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 insumnee shall he 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the 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 officers, agents and employees front and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or papery to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any M the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaur, or its officers, agents or employees many time on account or by reason of any act, action, neglect, omission or default of the Scllcr of any of his eontraemrs or any of its no their officers, agents or employees as aforesaid, the Seller hereby ngues to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs. charges, attorneys fees and other expenses, any and all judgments that may be incerwd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Scller 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, famish 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 mlcs and regulations issued pursuant thereto. Revised 03/2010