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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9121123City of �,.F.�ort Collins Date: 02/2312012 PURCHASE ORDER Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 400 DENVER Colorado 80209 PO Number Page 9121123 1of2 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: 02/23/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 GTRI QUO-47827-25H2JW-2 W/TRADE IN DISCOUNT-H.KOONTZ C3. Oi'1�: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: 5,279.97 $5,279.97 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 5taNtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 09-04502. Federal Excise Tax Exemption Certificate of Registry A4fi0f105S7 is registered With the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to Tactual Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided heroin 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 dire to failure to meet specifications. either When shipped or due to defects of any of the Warn uric, or obligations of this purchase ender and shall not be deemed arose, of any right of the damage in transit. may be trimmed to you for credit and are not to be replaced except upon receipt of Written purchaser to insist upon strict perfommanec hercafm any of its rights or remedies as to any such good,, regardless instructions from the City of Fort Collins. 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 order by the Purchaser specific as a waiter of sty of the terms Inspection. GOODS are subject to the City of Fort Collins inspection carousal. hereof. Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, nvcrchnrccs resdting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations arc in fact borne by the Pnrchascr. Theretofore. for good cause and as consideration for excen ing this purchase order, the Seller hereby assign, to the Purchaser any 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 Imes for such overcharges relating to the paniculnr goods in services otherwise specified on this order. If permission is given to pmpay freight and charge separately, the onginal freight purchased caricatured 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 pans of the count,. shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments arc made front greater distance. Permit, Seller shall procure at sellers sole cost all nmcssary permits, certificates and licenses required by all applicable law,, regulations ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by anv other duly constituted public authority having pumliction over the Work of vendor. Seller further at cos to hold the City of Fort Collins harmless from and agninst all liability and loss incurred by them by reason affair asserted or established violation of any such laws. regulations, ordinances, rules and rcquionteras. Authmizetion. All panics to this contmet agree that the representatives are, in fact, horn fide and possess fill and complete authority to bind sod panics. LIMITATION OF TERMS. This Purchase Order esprosAv limits acceptance to the term, and conditions slated herein set fnrth and any supplementary or additional or ms and conditions annexed hcrcto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must he effected Within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. Without limitation, acceptance of partial Imo deliveries, shall operate as a Wnivcr of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies the option ofplacing 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 reasonable control and without its fault of negligence, such acts of Gnd, acts ofeivil or military authorities governmental priontia, fires, nnikcs, 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 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. 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 harmless from any loss, damage or expense Which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may he prescribed by law or by the temts of any applicable wrnanty provided by the Sol let otter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fir. kind by the Sol ter. Acceptance or rise of goods by the Purchaser shall not constitute a Wnivcr of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of anv of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Iola 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 terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from 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 'performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at ray time by written change order, terminate this atecmcnt as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics ass to any Work or materials then in pmeess provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the grads and/or work, for incidental or coms qucm ml damages, and that no such adjustment he made in Favor of the Seller with respect to any goods which are the Scllcrs standard stock. Nn such termination shall relieve the Purchaser or the Seller of any of their obligations a, 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 emceed. R. COMPLIANCE WITH LAW. The Seller warrant, that all good sold hereunder shall lore been produced, sold, delivered and furnished in strict compliance with all applicable laws and rem rations to Which the grads are subject, The Seller slmll 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 hamiless Tom all costs and damages suffered by the Pnrchascr as a result of the Sellers failure to comply With such Irv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey 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 lien,, restrictions, reservations security interest encumbrances 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 rgrcod upon by the Purchaser and the Seller - rand the Seller thereafter indicate, its inability or unwillingness to comply, the Purchaser may cause the work to he Performed by the most expeditions means available to it and the Seller shall pay ell costs associatcd.With such work. The Seller shall release the Purchaser and it contractors of any licr 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 parry released and shall extend to the directors, olBcersand employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performer by the Purchaser. 14. PATENTS. Whenever the Seller is required to use anv design, device, material or process covered by letter, patent, tradcmmk no -copyright. the Seller shall indemnify and save hamiless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material err force a in connection with the contract, and shall indemnify the Purchaser 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 after the completion of the work. In ease said equipment, or any part thereof or the intended rise of the goods. is in such suit held to constitute infringement and the rise of said equipment or part is enjoined, the Seller shall, at its own 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 noninfringing equipment of modify it so it becomes noninfringing. 15TINNOLVENCY. If the Seller shall become insolvent of barrompt. make on assignment for the benefit of creditors, appoint o receiver or tmstcc for any of the Sellers property or business, this order may ferthwith be canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The definitions of terms used or the aracro ctalion of the atecment and the rights of all panics hereunder shall be construed under and groomed by the Imes 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(,), oa the promise, of others. 17. SELLERS RESPONSIBILITY. The Scllcr shill carry on said work at Seller's man risk until the same is fully completed and accepted, and shall. in case of any accident. de,tmdion or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Ptnchasee When matrials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, i nload. store and handle same at the site and become resperWible therefor as though such materials and/or equipment Were being furnished by the Seller anchor the order. IS. INSURANCE. The Seller shall, at his own expense, Provide for the payment ofworkers cnmpensvtion. including occupational disease benefits, to its empinyccs employed on or in connection with the work covered by this purchase order, and/or to their repenters 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 at least 5300.000 botany one person, 5500,000 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 premises ofothcrs, the Seller shall famish 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 insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchv assume, the entire responsibility and liabilir, for any and all damage loss or injury, ofany kind or nature .vlor sueser to persons or properly 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 r all of the Purchasers officers. agents and employees from and against any and all claims, losses. damages, charges on expenses, whether direct or indirect, and whether to persons or Emptily to which the Purchaser rimy be put or subject by rcasor 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 or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its omcers, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors 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, attomcys fees and other expenses. any and all judgments that may be inatrted by or obtained against the Purchaser or any of its Or their effects. agents or empinyccs in such ,,its or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Pnrchascr, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once crave the same to be disolved and discharged by giving bond or otherwise The Seller and his contractors shall lake all safety precautions. furnish and insmll ell guards necessary for the psvention of accidents comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety end Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010