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Home My WebLink About309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9120271City of PURCHASE ORDER 9120271er Page FOrtColliThis_number.must appear]ns Date: 01/17/2012, 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: l)1/17/2012 Note: Line Description GTRI QUOTE#QUO-46554-VYQSR8-1 WIRELESS UPGRADE ENTERPRISE City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over WOO unless signed by James B. O'Neill ll, 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 ofz 12027l on all invoices, packing slips and labels. Buyer: OPAL DICK )uantity UOM Unit Price Extended Jrdered Price " 1 LOT LS 8,557.23 Total $81557.23 .Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. - Tax exemptions. By stomas the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ceni6ate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (get. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejcmed. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of u7mco instructions from the City of Fort Collins. Inspection. GOODS arc alibied to the City ofFon Collins inspection on arrival. Page 2 of 2 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions herco[ failure or delay in 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 far goods hereunder or approval of the design, shall not release the Seller of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon wrier performance hereofm any ofits rights or nerriedies ss to any such goods, regmdlen of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any fu pared and modification or rescission of this purchase order 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, ASS IGNM ENT OF ANTITRUST CLAIM S. 'eurhorized payment an the pan of the City of Fan Collins. Howcveq it is to be understood that FINAL Seller and the Purchaser recognixe that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact Borne by the Purchaser. Theretofore, for good cause and as consideration for executing this n rd I Freight Turns. Shipments must be F.O.B., City of Form Collins, 700 Wood St., Ion Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges fro packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various Parts of the country, shipment is expected from the nwrest distribution point todestirmtion, and exeeu freight will be deducted from Invoice when shipments arc made from greater distance. Pemsits. Seller shall pca mcure at sellers sole st all necessary permits, ccniftca cs and licenses required by all applicable lows, regulations, ordinances and rules of the one, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the "al, vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all fiebility and loss incurred by them by reason of an asserted or established violation of any such Inws, regulations, ordinances, mles and requirements. Aulhorizmlon. All parties 10 this contract agree that the representatives arc, in fan, 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 ser forth and any supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional or difildro t 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 in noted. Tim is of the essence. Delivery and performance must be effected within the time um noted an the. purchase order and the docents attached hereto. No acts of the Purchasers including, without limitation; acceptance ofpanial late deliveries, atoll operate as a waiver ofthis provisioniln the event ofany delay, the Purdmic i shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fro damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acre of civil or military authorities, governmental priorities, fires, strikes. Rood, epidemics, warsor 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 ofany Inch delay, the date of delivery shall be extended for the pctiod equal to the time ecnnlly lam by reason of the delay. 3. WARRANTY. The Seller warams 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 core and confidence in accordance with accepted standards for work of o similar.natua. .The Seller agrees to hold the purchaser hmmli ss from any Ions, damage or expense which the Purchaser may suffer or incur on account of the Seller's breach of warranty. The Seller shall replace, repair or make good, without cost to the pumhasm, any defects or faults within one (1) year or within such longer period of time as may be prescribed by law or by the terms 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 ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not an contribute a waiver ofany claim under this wailfully. Except as otherwise provided in this purchase order, the Suite re liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warmntim or guarantees, bra such liability shell in no event include loss ofprofits or loss often. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wane, change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal arras, including additions to or deletions from gj the wmlilies originally ordered! in the specifications m drawings, by verbal or written change order. If any such change affects the amount due or the time of performance 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 m any equitable adjustmenl between the parties u to any work or materials then in progress provided that the Pardoner 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 goods which arc the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any oflhcir obligations into any goods delivered hereundd. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is nodded. 8. COMPLIANCE WITH LAW. The Seller laments 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 goads arc subject The Seller shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agmemens of this character arc hereby incorporated heroin by this refe rence. The Seller agrees to indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, m any monies due or to become due hereunder without We prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser fro all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cas umbances and claims of others. ras pure e o ea Ito Sll 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties bdcundd shall be construed under and governed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Representative(s), on the promises ofothera. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllces own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials baron Sellers feral completion and acccpmncc, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same tar the site and become asponsible therefor as though such materials and/or equipment were being famished by the Seger under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvide fro the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by 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, bur not limited to, contractual and amomobile public liability insurance with bodily injury and death limits of at (cast $300.000 for any one person, S500,000 for any one accident and property damagc 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 of others, the Seller shall furnish the Puld asm with a cenificale that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insuand, 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 afu 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 front the execution of the work provided fro in this purchase order or in connection herewith. The Seller will indemnify and hold harridan the Purchaser and any or all of the Purchasers 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 pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents m employees. In wee any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its in their afters, sgens or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to _ defend the same it the SoOcrs own expense, to pay any and all costs, charges, attorneys fees slid other exPeases, any and all judgmens that may be incurred by or obtained against the Purchaser or any of its or their ofiars, agents or employees in such suns or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or is a result of such wits at other proceedings, the Seller will at once cause the wine 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 Invention of accidents, comply with all laws and .regulations with regard tosafety including, bra without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010 -