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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9123604PURCHASE ORDER PO Number Page City of 9123604 ' of 2 ' `t Collins This number must appear 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 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-51393-CX41-116-3 1 LOT LS 9,481.32 ROSELAWN CEMETARY Total $9,481.32 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By scome the City of Fan Collins is exempt from state and local tames. Our Exemption Number is 11. NONWAIVER. 98-(M502. Federal Excise Tax Exemption Certificate of Registry 84-6000510 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), 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 cr approval of the design, shall not 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods. regardless instructions floor the City of Fort Collins. of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purported oral modification or rescission of 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 carnival. havef. 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 and the Purchaser recognize that in actual economic practice, overcharges resulting from antitnst ACCEPTANCE is dependent upon completion nfall applicable required inspection procedures. vinlations are in fact borne 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 be F.O.R., City of Fort Collins. 7W Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or WMices 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 pricking will not be accepted. 13. PURCf1ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance. may cause the were: to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with loch work. Permits. Seller shall procure at sellers sole cost all necessary pemuits, eeniftcates and licenses rcquircd by all applicable laws, 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 further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, mles and requirements, Auffo rizntion. All Panics to this contract agree that the representatives are in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated httcin 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 ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe es. mec. Delivery and Performance rout he effected within the time slated on the purchesc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofp mial late deliveries. shall operate as a waiver of this provision. In the event ofnny delay. the Purchaser shall have, in addition to other Icgal and cquio ble remedies, the option of placing this order dscwhcre and holding the Seller liable for damages However, the Sella shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its rcuonable control and without its fault of negligence, such acts of God, act ofeivil or military authorities gmarrommal priorities, fires, strikes, 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 good, 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 fmm any loss, damage or expense which the Purchaser may suffer or incur on account of Poe Sellers breach of wamnly. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year ar within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnty provided by the Seller after the date of acceptance of the goys&, famished hereunder (acceptance net to be unreasonably delayed), resulting form imperfect or defective work done or materials furnished by the Sella. 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 Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamntoes, but such liability shall in no event 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 chance order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temtt including additions to or deletions from the quamnies originally ordered in the specifications or amw.-ings, by verbal or irtwn change order. If any such change affects the amount due or the time of perfomance 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 portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgicss provided that the Purchaser shall not be liable for any claims for anticipated pmfim on the uncompleted portion of the gat&, and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which arc the Sellers standard stook. No such termination shall relieve the Purchaser or the Scller of env of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants 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 goods are subject. The Sella shall execute and deliver such documents ors may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from 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, many monies due or to become due hereunder without the prior sermon consent of the other party. 10. TITLE. The Sella wmmnts 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 liens, restrictions, reservations, security interest cneumbramcs and claims of others. The Sellcr shall release the Purchaser nod its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, officersand employees ofsuch party. The Sellers contractual obligations, mclding wwmnty, shall not be deemed to he reduced. in any way, because such work is performed or caused to be performed by the Parehasa. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent 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 pmeess 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 case 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 mid equipment 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 nnninfringing equipment. or modify it m it becomes nnninfringing. 15. INSOLVENCY, 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 businesx, this order may fnnhwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmad under and governed by the laws of the State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hemorder. including the scn ices of Sellers Representative(%), on the premises of olhers. 17. SELLERS RESPONSIBILITY. The Sella shall entry on said work at Seller's own rt k until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the stork at Seller's own expense .and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seder. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker% compensation, including occupational disease benefits, to its employees emploved on or in connection with the work covered by this purchase order, and/rn 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, contractml and automobile public liability m—so with bodily injuli , ry rid death hoot, of ai Icazt S300,0rm for any one petn, s S500,000 for me accident and pmpcny damage limit per accident of S400,000. The Sella e shall likewiso require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employee, shall do any work upon the pre nuise%nf others, the Seller shall furnish the Purchasenvlth a cerlfmaty that such compensation and insurance have been provided. Such ecrtificmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such eompensntinn and insurance expires. The Sella 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 Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and held hamlet the Purchaser rid any or all of the Purchasers officers. agents and employees from and against one and all claims, losses. danmgcs. charges or expenses. whether direct or indirect, and whether to persons or property to which the PUMbaaer may be put or .subject by reason of any acl, action, neglect omission or default on the pan of the Scller, 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 Purchase, or its o1Tcas, agents or employees at any time oa account or by teas. of any at, action, neglect. omission or default of the Sella of any of his contractor or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense ihercof and to defend the same at the Sellers own expense. In pay any and all costs, charges, aunmcys fees 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 employees in such snits or other proceedings. and in case judgment or other lion be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other pmceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcnrix. The Sella sad his contractors shall take all safety precautions, furnish 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 riles and regulations issued personal thereto. Revised 0312010