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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9141396City of 11 �o t Collins Date: 03/06/2014 PURCHASE ORDER Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 300 DENVER CO 80209 PO Number Page 9141396 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 03/04/2014 Buyer: DAVID CAREY Note Line Description """""`Y UOM Unit Price Ordered Price t GTRI# QUO-85034-HOL2S9-0 WTF WIRELESS Project 1 LOT LS Components, Adder Licenses and Quantities per GTRI Quote# QUO-85034-HOL2S9-0. City IT Contact: Bob Singleton City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 26,231.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By secure the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502 Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Cuffed., of Failure of the Purchaser to insist neon swei performance of the teams and conditions hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref Colorado Revised Sumtes 1973, Chapter 39-26,114 Ad, exercise any What or remedies provided herein or by law, failure W 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 due to film, to meet specifications, either when shipped or day m defects of any of the warromies or obligations of this purchase aide, and shall not be deemed. waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon start performance hereofor any of its rights ormmedies as to any such goods, regantless instructions from the City effort Collins. of when shipped, received or accepted, w to any prior or subsequdn default hereunder, nor shall any pmpoded am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams Inspection. GOODS are subject to the City of Fort Collins inspection on f®rmal. hereof Final Acceptance. Receipt of the merchandise, services r equipment in response to this order canresult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment pmen ayt on the parr of the City of FortCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, nfor agood cause and as consideration for xecuting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments must be F.O.B., City of Pon Collin.,, 700 Wood SI., Fart Collins, CO 80522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods in services otherwise specified on this order, If permission is given m prepay fresh, end charge separately, the original Height pmamsed or acquired by the Purchaser personal a his purchase order bill frost accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where monnfacturers have distabming points in various parts of the pantry, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be ¢greed upon by the expected from 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 are made from greotcr distance. may cause the weak to be performed by the most expeditious means available to it, and the Seller shall pay all gists associated with such work. Permits. Seller shalt procure at sellers sole ens, all nee ss'ary permits, tea ficcra and licenses required by all applicable laws, regulations, ordinances and mid, of the state, municipality, l,mlery art political subdivision where life 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 hamfless from and against all liability and lass andtarred by them by reason of an asserted or established violence of any such laws, icanlations, ordinances, rules requirements Authorization. All parties to this comfort agree Out the representatives arc, in fact, from fide and possess full and complete ordinary to bind said probes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teems and conditions stated herein set forth and any supplementary or additional terms and conditions annexed harem or inc.ryomled herein by re couna.. Any additional or differentteam, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofOs essence. Delivery and performance must be effected within the time stated on the purchase order and the documents aduched hereto. No acts of the Purchasers including, without Incitation, accepmnre of enamel late delmeaos, shot[ operate as a waiver of thus precision. In the event of any damn the Purchaser shall have, in addiction In other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shalt not be liable for damages as a result of delays doe to causes not reasonably foreseeable which am beyond its ... variable coutml and without its fault of nedipaire, such acts of God, ads of dvil Or military unawares, governmental priorities, fires, snakes, flood epidemics, wars or ..Is provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella 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 last 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 far work of a -miler nacre. The Seller agrees to hold the Purchaser Imfrdess from any loss, damage or expense which the Purchaser may suffer or i.e. oa account of life Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cost to the punctual any defects or faults arising within one (I) year or within such longer period of time as may be day ribd by law Or by the terms of any applicable warranty provided by the Seller after the date of acceptance Of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. 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 at damages proximately caused by the breach of any of the foregoing warranties Or guarantees, but such liability shall in no event include loss of profit, or lass 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 forms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any clump, t. the leave, other than legal terms, including additions to or deletions from the gran dill .aurally ordered in the specifications or drawings, by verbal or wagon change aide, If any such change affects the amount due or the time ofperfofinence buemast an equitable adjustment shall be made is TERMINATIONS. The Purchaser may at any time by written change ante, temvnng, this agreement of to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties w to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods amber work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from ,he date the change o, le—cuu.n is ordered. 8. COMPLIANCE WITH LAW. The Sold, 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 Seller shall execute and deliver such documens as may be required in effect or evidence compliance. All laws and regulations required Ie be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser huni from all costs and damages suffered by the Purchaser as a result of the Sellers fellow to comply with such law. 9. ASSIGNMENT, Neither Early shall assign, transfer, or convey this aide, o, any monies due or to become due hereunder without the ,,as, written preen, of the other P.M. 10. TITLE. The Seller woo is full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and dear of any and all liens, nitrations, reservations. secuary interest encumbrances and claims of .,both The Seller shall release the Purchaser and its commeton, of any tier from all liability and claims of any nature resulting from the performance of sash work. This release shall apply even in the event of fault of negligence of the pony released and shall extend la the diumm, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be, reduced, in any way, because such work is gerfomred or caused to be perfmmd by the Purchaser. 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 Infngemem by reason of the use of such pmented 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 reason of such InGmgement 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 to such suit held to crostimte infringement and the use of said equipment o, part is enjoined, the Seller shall, at is Own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with subslantally equal but carbonating equipment, or modify it so it becomes n.ninfirm ng. 15. INSOLVENCY. If the Sell,, shall become insolvent or beukapt, make an assignment for the benefit of coeditors, appoint a receiver or Bruce for any of the Sellers property or business, this order may forthwith be canceled by the re Pu bnse, without liability. 16. GOVERNING LAW. The definitions ofle rra used or the interpretation of the agreement and the rights of ail parties mayuader shall be confirmed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work home adeq including the services of Sellers Repressiddi—B), on the premises of mhos. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sciers own ask until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materiels before Sellers final completion and eceptanoe complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by fine Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment werebeing famished by the Sellerunder the Order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of waders compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase enter, arbor to their dependents in accordance with the Is— of the sale at which the .,it is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with tidily trial and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,00ad The Seller shall likewise require his ontmcma, if any, to provide for such pmpcnought and insurance. Before any of the Sellers Or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchase with a certificate that such compensation and insurance have been provided Such a niBcava shall specify and 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 counteraction and insurance shall by maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury afar, kind Pic nature whatsoever la persons or property caused by or resulting from the execution efthe work provided for in this purchase order or in co madon herewith The Seller will indemnify and held harmless the Purchaser and any cr all Of the Purchasers officers, agent and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglort, omission or default on the pan of the Sella, 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 efcem, 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 conmacmrs or any Of its or their afters, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers one expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oppress, agents or employees in such sail or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthe Purchase, or said parties in or w a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond Or mherad w. The Seller and his contractors shall take all safety precautions, famish and moral all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 03/2010