Loading...
HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9123603PURCHASE ORDER PO Number Page City Of 9123603 ' of z ' `this number must appear Collins1 1 on all invoices, packing slips and labels. Date: 06/18/2012 Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 400 DENVER Colorado 80209 c Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 06/18/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I GTRI QUO-49131-DP8F4D-1 CISCO WORKS UPGRADE 9u�� Q. 0AA:9-ems 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: 36,372.45 372.45 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TemJs and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes, Our Exemption Number is 11. NON WAIV ER. 9R-M502. Federal Excise Tax Exemption Cenifieoc of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the a mts and conditions hereof, failure or delay to Internal Revenue, Denver. Colomdo (Ref. Colorado Revised Statutes 1973. Chrptcr 39--26, 114 (a). exercise tiny rights or remedies provided herein or by law, failure to pmntptly notify the Scllcr in the event of n breach, the acecpmnec ofor payment for goods hereunderm approval of the design, shall not release the Sellerof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be returned to you for credit and an not to be replaced except upon receipt of written purchaser to insist upon strict perfommnec hercofmany of its rights or remedies as to any such goods, regardless instructions Form the City MFmt Collins. of when shipped, received or accepted, as to any prior car subsequent default hcrcundcr, nor shall any purported oral modificition or rescission of this purchase order by the Purchascr operate as a unlver of any of the terms Inspection. GOODS arc subject to the City of End 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 CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller unit the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase role,. the Seller hereby .,signs to the Purchaser any and all claims it may now have or hcrcaner Freight Terms. Shipments most be F.O.B., City of Fen Collins. 700 Wood St., Fon Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services othemise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various perm of the country, shipment is If the Purchaser directs the Sella to correct noncnnfomming or defcctivc goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made front greater distance. may cause fire work to be performed by the most expeditious means available to it, and the Seller shall pay all costs.,,,ux atcd with such work. Permits. Seller shall pmcure at sellers sole cost all necessary permits. certificates and licenses required by all applicable lases, regulations, ordinances and rules of the state. municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller thnhcr agrees to hold the City of For, Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established vitiation of any such laws, regulations, oolinanca, miss and requirements. Authorization. All panics to this contract agree that the representatives are. in fact bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mods 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 terms and conditions proposed by Scllcr arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyrut cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be efceted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late dvirwrics, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall harm, in nddition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably fomsccable which arc beyond its reasonable control and without its fault of negligence, such act of God. acts t ivil or military authorities, governmental priorities, fires, strikes, flood, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Pumhawr within Eve (5) days of the time when the Seller ❑rst received knowledge thereof. In the event ofany 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 confront with applicablc drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed uith the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cast 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 fonds ofany applicable svarranry provided by the Seller after the date of acceptance of the goods furnished hereunder (acccpmncc not to be unrcnsonabfy delayed), resulting from imperfect or defcctivc work done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waincr ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hcrcundcr shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL. TERMS. The Purchascr may make changes to legal forms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions firm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change infects the amount due or the time ofperfoonmnce hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pnnions of the grads then not shipped mhject ncany equitable adjustment between the panics as to any work or materials then in Forgers provided that the Purchaser shall not be liable for any claims for anticip sal 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 Scllcrs standard struck. No such termination shall relieve the Purchascr or the Seller ofany of their obligations as in any gads delivered Immunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nssomed within thirty (30) days fmm the date the change or Icrminaion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and ddiver such documents as may be required to effect, orevideace compliance. All lases and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser man Icss Firm all costs and damages suffered by the Purchascr 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 prionsrincn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title,. the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shell release the Purchaser and its contractors of any tier firm .II liability and claims of any nature resulting from the performance ofsoeh work. This release shall apply even in the event of fault of negligence of the pan released and shall extend to the directors, .free. and employees of such party. The Scller's contractual obligations, including warranty, shall not be deemed to be reduced, in any nay, hecause such work is performed or caused to he Performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by mason ofsrmh infringement at any time during the prosecution or inner the completion of the work. In cape said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equip ... cut or pan 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 pans, replace the same with substantially equal but noninfringing equipment, or mndify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assimadmit for the benefit of creditors, appoint a receiver or trustee for any of the Scllem property or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemt used or the interpretation optic agreement and the rights of rill panics hereunder shag be construed ender and govemcd by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfoonm Work hereunder. including the services of Scllcrs Rcpresentanve(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on .said Wnrk at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the Work .rid/or materials before Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive unload. store and handle mmc of the site and hccomc responsible thcrcfor as though such nalmnals and/car equipment were being furnished by the SCllcr under the order. 18. INSURANCE. The Seller shall, al his own expense, Provide for the payment of Workers compensation, including occupational disease hcncfit. 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 e'ork is to he done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury nail death limit of -at least S700,000 for any one person, S500.000 for any one accident and pmperry 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 de any work upno the prcn.iscs of othcrS, the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date uficn 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 hereby assumes the entire rcxponsibiliry and liability for any .rid all damage, loss or injury of any kind mandate saha ,ra,ar to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents ;cod employees fmm and against .any and all claims, losses damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Padhi scr may be put car subject by reason of any act action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Scllcrs or confrmors oRecrs, agents or employees. In ease any suit or other proceedings shall he bought against the Purchaser, or its officers, agent or employees at any time on account car by reason ofany act, action, neglect omission or default of the Seller of any of his contractors or tiny of its or their olBecm, agents or employees as afnresaid, 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, anooncys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their officers. agents or employees in such suits car other proceedings, and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to he dissukcd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard ncccssary for the prevention of accidents, comply with all laws and rcgndations With regard to safety including. but without limitation, the Occupational Safer' and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised O3/2010