Loading...
HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9117541PURCHASE ORDER PO Number Page City of 9117541 1 of z ' `tThis number must appear Collins1 on all invoices, packing slips and labels. Date: 12/21/2011 Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 400 DENVER Colorado 80209 Ship To: CITY OF FORT COLLINS P O BOX 580 FORT COLLINS Colorado 80522 Delivery Date: 12/21/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price GTRI QUO-45738-MRD3C2-0 1 LOT LS 20,382.80 SAN BACKUP SWITCH UPGRADE Total $20.382.80 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 stance the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. 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 ofthe terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Streams 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by lam, 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 runt 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 namntics or obligations of this purchase order and shall not be deemed a waiver Many right of the damage in transit may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any of its rights or rcmedics as to any such goods, regardless instructions from the City of Fort Collins. of whets shipped. received or accepted. as to any prior or subsequent default hereunder, nor shall any purported Oral modification or rescission M this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he undcotond that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vinlations arc 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 hereafter Freight Terms. Shipments must he F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under fedenl or state antitntst 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 must accompany invoice. Additional charges for packing will not be accepted. - Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision whue 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 hamlcm from and against all liability and loss incurred by them by reason of an astcrtcd or established violation of any such laws, regulations, ordinances, rules and requitemcnts. Authorization. All parries to this contract agree that the representatives are, in fact. bona fide and possess fall 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 toms and conditions annexed hereto or incorporated herein by reference. Any additional or di Recent tans and conditions proposed by seller are objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is ofthe essence. Delivery, and performance most be effected within the time stated on the Purchase order and the discontents attached hereon. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operatic as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmedics, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hosuvu. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. food, epidemics wars or riOts provided that notice of the conditions causing such delay is given to the Punhascr 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. WAR RANTY. The Scllcr warrants that all goods, articles, materials and work covered by this order will conform with applicable dmvings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfomed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllu agates to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace repair or make good, without cost to the purchases any defects or faults arising within one (U year or within such longer period of time as may be prescribed by lam or by the terms of any applicable wamnty provided by the Seller afar the date of acceptance of the goods furnished hereunder (acceptance Our to be unreasonably delayed), resulting fmm impub ct or dcfcctiyc work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase Order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no exam include loss 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans. other than legal terms, including additions to or deletions Form the quantities originally ordered in the specifications or dmwirugs, by verbal or written change nnlcr. If any such change affects the amount due or the time Mperfomance 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 not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgrcss pmvided that the Pomfoser shall not be liable for any claims for anticipated profits on the 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 good which arc the Sellers standard stock. No such nmtination shall rel icyc the Purchaser tar the Set der of any 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 Seiler warrants that all good sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods an 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 agmcments of this character are 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 written consent ofthe other party. 10. TITLE. The Seiler twmnts full, clear and unrestricted title to the Purchaser for all equipment, mntcrials and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest eneumbronecs and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller hheeafter indicates its inability or unwillingness to comply, the Purchaser may came 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 Purchamr 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, officers and employccs of such 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 cmwerad by lunar, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser (ram any and all claims for infringement by reason of the use of such patented design, device, material or proses in connection with the concoct. and shall indemnify the Purchaser for any cost, expense or damage which it may he 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 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, at its own expense and at its option, tither procure for the Purchaser the right To continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninMnging. 15. INSOLV ENCY. 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 oftema used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply Only in cases where the Seiler is to perform work hereunder. including the services of Sellers Ref msentrinve(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty, on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcgmctum Or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by odars for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become respnnsible therefor as though such materials and/or equipment were being furnished by the Seiler tender the order. 18. INSURANCE. The Seller 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 eoverul by this purchase order. and/or to their dependents in accordance with the lams of the state in which the work is to be done The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one pa on, S500,000 for any one accident and poperty 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 premises Mothers, the Seller shall furnish the Purchaser with a certificate the such compensation and insurance have been pmvided. Such ecnificides shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmpeny, caused by or resulting man the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold bammless The Purchaser and any or all of the Purchasers o0icus, agents and employccs Form and against any and all claims, Insscs, 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 default no the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors oRcem, agents or employees. In ease any suit or other pmccedings shall be brought against the Purchaser, or its oficus, agents or cmployces many time on account or by reason of any act, action, neglect, omission or default ofthe Seiler of any of his contractors or any of its or their officers, agents or employees as of immid, the Seller hereby agrees to axsume 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 judgments That may be incumd by or obtained against the Purchaser or any of its or their officers. agents or employees in such snit or other proceedings. and in case judgment or other licit he placed upon or obtained against the pmpeny of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors 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 thucte. Revised 03/2010