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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9121910City Of PURCHASE ORDER PO Number Page 9121910 1 1 of 2 `t Collins This number must appear ` ' 1 on all invoices, packing slips and labels. Date: 04/03/2012 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 80524-4 Delivery Date: 04/03/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price GTRI QUO#QUO-51937-P6QLHS-3 1 LOT LS 31,751.09 CITY PARK FIBER Total $31,751.09 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 Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptims. By statute the Citv of Fors Collins is exempt fmm state and local taxes. Our Exemption Ntunber is L NONWAIVER. 98-Ms@. Federal Excise Tax Exemption Certificate of Registry 94-64110597 is registered with file Collcmnr of Failure of the Purchase to insist upon strict performance ofthe terms and conditions hereof. failure or delay to Internal Revenue, Denvcn Cnlomdo (Ref Colomdo Revised Statutes 1973. Chapter 39--2fi, 114 (m, exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Reiected. GOODS REJECTED due to failure to trivet specifications, either when shipped or disc to defects of any of the wamrsntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in massif is be scummed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfomanee herenfor any ofit rights or remedies as to anv such goods, regardless instructions Gam the City of Ems Collins. of when shipped, received or accepted, as to tiny prior or subsequent default hereunder, nor shall any purported oral mudificatimt or rescission of this purchase under by the Purchaser operate as a waiver of any of she terms Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA IMS. mdhonzcd payment an the part of the City of Fort Collins. Hmvever, it is In be understood thus FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applieahlc required inspection procedures. violations arc in fact burns, by the Purchaser. T'herctnfum. 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. Shipment, most be F.O.B.. City of Fort Collins. 700 Wood St., End Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods in services otherwise sps cifird 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct anncun(nming or defective goods by a date to be agreed upon by the expected front the nearest distribution point to ds,slination, and excess freight will he deducted from Invoice when Purchaser and she Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pnrchascr shipment, are made form greater distance. may cause the Work to be performed by the most expeditious means awnifulde to it, and the Seller shall pay all costs associated with such nark. Permits Seller shall procure at sellers sale cost all necessary permits, ecnifieams and licenses required by all applicable laws. regulations, ordinances and roles of the state, municipality, territory or Political subdivision where the work is petitioned. or required by any other duly constituted public authority having jurisdiction over the Work of vendor. Seller further agrees to hold the City of Fan Collins harmles forms and against all liability and Inca incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and requimmcnts. Authanzation. All panics to this concoct agree that the representatives are. in fact, hours fide and possess fu11 and complete authority to bind said parties. LIMITATION OF TERMS. This Pu¢hosc Order express, limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein b_v reference Any additional or different fans and conditions pmpascd by seller arc objected in and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive of, vain promised delivery date as noted. Time is ofthc essence. Delivery and pafammnec must he effected within the time stated on the purchoo, order and the document, attached hereto. No act, of the Purchasers including. wilhnul limitation. acceptance ofpaniel late deliveries, shall operate as a waiver of this provision. In the event orally delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option of -placing 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 nut sca,onably foreseeable which arc beyond its reasonable control and Without its fault of negligence, sock acts of Gad. acts of civil or military aufhornia, governmental prionfies. Gres, strikes, flood, epidemics, wars 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 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 ofthe delay. 3, WARRANTY. The Seller warrants that all goods, andcles, materials and work covered by this onto will conform With applicable dnnvings, specifications, samples and/or other descriptions given, will he III for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for stork of a similar nature. The Seller agrees to hold the purchaser hamlets form any loss, damage or expels which the Purchaser may suffer or incur on account of the Sellers breach of ware ray. The Scllcr shall replace, repair or ranks, good. withom cost to the purchaser. any defects or faults arising within one U I year or within such larger period of time as may be pmseribed by lawor by the terms ofany applicable wnronty, pmvidcd by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting From insperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a Waiver ofany claim under this womnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages pmsions cly caused by the breach of any of the foregoing waronims or guarantca, but such liability shall in no event include loss of profits or loss of user. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal more; by written chance order. 5. CHANGES IN COMMERCIAL TERMS. The Pnchascr may make any changes in the .emu, other than legal terns, including additions to or deletions fmm the quantities ongiaally omesed in the spre ficaions or drum ings, by verbal or written change order. If any such change affects the amount due .,:he time of performance herennda. an equ imhle mij ustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, minimum this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or mnlcrials then in pmgmv, pmvidcd that the Purchaser shall not be liable for any claims for anticipated profit on the tmemnpleted portion of the guests and/or work for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect to any goods which .vs, the Sellers standard stuck. No such moraination shall relieve the Purchaser or the Seller of any of their obligations as to any gods deliwcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the dart the change or teminalion is ordcwd. 9. COMPLIANCE WITH LAW. The Seiler Wamnts that all goods still[ hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lases and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser haarlcs from all cost and damages suffered by the Pnrchascr as a result Mthc Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the poor written consent of the other party. 10. TITLE. The Seller wamnts fit] 1. clear and unrestricted title to the Purchaser for all equipment, remands, and items furnished in Performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. The Seller shall release the Purchaser and is contractors of anv 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 puny released and shall extend to the directors. officers and employees of such pane. The Seller's contouclual obligations, including warm ray. shall not be deemed to he reduced, in any nay, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use nay design. device. material or process covered by letter, pamid, tradcmurk or copyright. the Seller shill indenraify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such paua ted design, device, material or places, in connection with the contract, and shall indemnify the Purchaser for any cosh expense or damage which it may be obliged to pay by reason ofinch infringement at any time during the prosecution or aficr the completion of the work. In case said equipment. or any part thereof or the intended use of the geode is in such suit held to constitute infringement and the use of said equipment in pun is enjoined, the Seller shall, at its rum expense and at its option, either procure for the Pnrchascr the right in continue using said equipment of pans, replace the same with substantially equal but noninfringing equipment, or ntndify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall because insolvent of hankmpl, make an assignment for the hencfit of creditors, appoint n receiver in trusses, for any of the Set less properly or business, this onler may fonhwi Ill be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation ofthe agreement and the right o(all panics httcunder shall be construed trader 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 Sellers Rcpresenmlive(s), on the premises of olhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Seller's own risk until the same is fully conspicrcd and accepted, and shall, in case of anv accident. destruction or injury to the Work and/or materials before Seller's final completion and acceptance, complete the Work at Seller's own experts, and to the satisfaction of the Pnrchascr. When materials and equipment are parts by others for installation or erection by the Seller, the Seller shall receive unload. store and handle come at the site and become responsible therefor as though such materials andlor equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller ,shall, at his ova expense, provide for the payment of svarkcm compensation. including occopafimed disease hencfit, 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 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 bMily injury and death limits of st least $?m.tala for any one person, $500 rNM for any one accident and property damage limit per accident of S460,000. The Seller shall likewise require his cartmetot, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the penises Mothers, the Scllcr shall hrrnish 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 conspensarian and insurance shall be ominrained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for anv and all damage, loss or injury ofany kind or nature whatoever to persons or property caused by or resulting front the cxcculum of she Work pmvidcd for in this purchase ender or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any of all of the Purchasers officers. agents fall employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or indirect, foil whelher, to persons or property In Which the Purchaser may be put or subject by reason of any act, action. neglect omission or dcfmdt on dw pan of the Seller, any of his contractors, or any of lre Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or cnsployces minty time on aceotm or he reason of any act, actiar, neglect, nmissirnl or default of the Seller of any of his contractors or tiny of its or their nlAcct, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the tame tit the Sellers own expense. to pay any and all costs, charges, attorneys Ica and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or emploxrs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or sand panics in or son result of such suits or other proceedings. the Seller will at once cause the same to be di,sstih'ed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prceaulions, furnish and install all gufnis necessary for the prevention of accidents, cmmply wish all lams and regulations with regard to safely including, but svilhott linnuition, she Occupational Snlcty and Hf rlth Act of 1970 and all talc, nod regulations issued pursuant fl crdn. Revised 0312010