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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9141809PURCHASE ORDER PO Number Page City of/� s1a1sos 1of2 ' `t/ of Ind+ This number must appear ` \.I ` �7 on all invoices, packing sli s and labels. Date: 03/31/2014 Vendor: 309435 Ship To: MIS GLOBAL TECHNOLOGY RESOURCES INC CITY OF FORT COLLINS 990 S. BROADWAY, SUITE 300 215 N MASON, 3RD FLOOR DENVER CO 80209 FORT COLLINS CO 80524-4408 Delivery Date: 03/28/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i GTRIQUOTE#:QUO-83933-J1K9D1-1 1 LOT LS 215,572.50 2014 SMARTNET MAINT RENEWAL Renewal Term: 04/01/2014 thru 03/31/2015 Per GTRI QUOTE#:QUO-83933-J1K9D1-1 dated 03/25/2014. 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 Total $215,572.50 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 I. COMMERCIAL DETAILS. Tax exemption. By scrota the City of Fan Collins is exempt fmm state and local tax s. Our Exemption Number is 98-04502. Federal Excise Tex Exemption Cenifiam of Registry 84-60D0581 is segishmal with the Collector of forecast Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be minimal to you for credit and are not to be replaced except upon receipt or written instruction Man®r the City of Fax Collins. Inspection. GOODS are subject m the City of Fort Collins inspection on stool. Final Acceptance. Racipt of the merchandise, services or equipment in response to this order can result in authonced payment on the pan H of the City of Too Collins. owtoever, it is IIS,understood thatFINAL ACCEPTANCE is dependent upon completion of all awlimble mluired inspection procedure. Freight Terms. Shipments most be FHB.. City of Fort Collins, 90) Wood St, Fort Collins, CO 80522, unless atherwim specified on this under. If pewissiom is given m prepay fight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in am. pans of the county, dolumal is expected fmm the nearest distribution point to destination, and excess freight will he deducted main Invoice when Shipments are made from greaser dommes. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licemes required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political mbdivisioa where Me work is prfatmed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agree to hold me City of Fon Collin harmless fmm most against all liability and loss incurred by them by reamn of an acsened or establishad violation of my such lax., regulation, ordinances, rules and requ ixmen s. Authorisation. All pansies In this canmact agree that the representatives are, in fact, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms end condition sated herein sat Such and any supplementary or additional tents and condition annexed herein or incorporated herein by reference. Any additional or different names and condition proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you caanot make complete shipment to arrive on your promised delivery date as noted Time is ofthe esserce. Delivery and prfmmamtt must be eltated within the time stood on Me gumbase oNer and the decumrn. amched hereto. No son of the Pa rhsers including, without limitation, acceptance trinomial late deliveries, shall opemm as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller xhall nw be liable for damages as a result of delays due to causes not resse ably foreseeable which are beyond its reasonable control and without its fault of negligence, such no ofOod, nets ofcivil or auditory authorities, govemmental priorities, fires, spikes, Bond, epidemics, wan or rio. provided chat watt of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Serer dust received knowledge thereof In the event or any sum delay, the die of delivery shall be extended for the period equal m the time actually last by ramon of the delay. 3. WARRANTY. The Sella warm.in that all good, articles, natenals and work covered by this order will conform with applicable drawings, specification, sample andsor other description given, will be fit fir the purposes imendcd, and performed with the highest degree of care Said competence in aecoolmce with accepted sundods far work of a similar more. The Seller agrees to hold the muchoser harmless from any loss, damage or expense whim the Purchaser may sufferer incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, without cost an the pumbawn. any definees or fast. arising within one (1) year or within such longs period of time as may h pi.ned by law or by the terms ofany applicable warranty provided by the Seller after the dam of acceptance of the good famished hereunder (acceptance not to he uruenmrably delay is reaching firma imperfect or defective work done or materials fumished 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 all damages pmximamly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of ace. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal leans by canon change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make my changes to the tens, Other than legal terms, including addition to or deletion from me quantities arigimlly ordered in Me speciarudon or drawings, by verbal or carmen change under . If any such change Offers me amount due or the time ofpedormance, hereunder, m equitable adjmmNnt shall h made. 6. TERMINATIONS. The Purchase, may al may lime by written change aide,. Nominate this .,reamer, as m any or all ponic n of rue goods then not shipped, sobject o my equitable ndjustmem bawem the ponies as to any work or mammals then in pmgreas provided Man the Pmebeem, shall not be stable for any claims far mtwarated Pants on the ummmplaod Portion Of the goods mi work, for iwidenul or cm.equentul damages, and that,w such adjument IS, made in favor of the Seller with respect many good which are me Sellers standard stock. No such termination shall relieve the Fortiori or the Seller ofany oftheir obligations as to any good delivered M1ereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date me change or romema,ion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulation or which the goods me subject. The Seller shall execute and deliver such docaarmms as may he required to effect of evidence compliance. All laws and regulation required m h incorporated in agreemenks of this character are hereby incorporated herein by this manatee. The Seller agrees to indemnify and hold the Purchaser hitless from all costs and damages suffered by the Purchaser as a mull of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither put, shall assign, tronfeq or convey this order, or any monies due Or ro become due hreunder without the prior warn comern ofthe other party. 10, TITLE. The Seller warrants full, den, and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and dear of my and all lien, manna ion, reservation, security, inn mst mcombtnces and claims of others. I I. NONWAVER. Failure of the Purchaser m insist upon strict pafcrmantt of dre terms and condition hereof, failure or delay m ,rise any rights or remedies provided herein or by law, failar, to promptly natify the Sella in the event of a breach, the anecrane, of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof., any of its right, ar remedies as to any such goods, report less of when shipped, received or accepted, in many poor or subsequent default hereunder, car shall any purported oral modifiauoo err rescission of this parebrow cola by the Enrolment operate as a waiver of any of the tense hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser wrogniu that in actual economic practice, overcharges resulting from maintain ,salmons are in fair bone by the Pe mbara. TheremMoo, far goad cause and as consideration for execaing this P.M. order, the Seller hereby assigns to me Purchaser my and all claims it may now have or harsher aquitcd caber federal or stem antitrust lax. for such nercharges relating to me particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaserand the Seller, and the Sella Marmara maliars its immilily or unwillingness to comply, We Purchaser may cause the work to be prfomted by the mast expeditious mean available ro it, and the Seller shall pay all cos. associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance ofsuch work. This ml. shall apply on in the event of fault of negligence of the pury released end shall extend to the Manors, oRcas and employees ofsuch party. I he Sellers a n owns al obligations, including warranty, shall not IS, deemed to be reduced, in any way, because such work is performed or caused m bo pomomod by the Purchaser. 14. PATENTS. Whenever Me Seller is mluirel muse any design, device, material or process wvaod by later, patm4 musbank or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infingemem by reason of the use of Such paraded design, device, material or process in connection with on, rimnarL and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged In pay by reaon ofsuch infringement at any time during me 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 suit held to condone infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at in option, either pmcum for me Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninrringing equipment, or modify it SO it becomes noninMnging. 15. INSOLVENCY. If me Seller shall become insolent or bankrupt, make m assignment far the benefit of creditors, appoint a rewava d mmee for any of the Sellers property or business, this ada may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definition oftemu used or the intapemtion of the agreement and the rights of all parties hereunder shall be contmcd under and governed by the laws ofthe Stale of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Representatives), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, danuction or injury m the work mai materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nationals and equipment are famished by others for installation or erection by the Seller, me Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials moor equipmed wen beingf isheal by the Seller under the order. 18. INSURANCE The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or m the,, 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 incuding, bur not limited m, contractual and automobile public liability iruumnce n'i h bodily i jury mud death limits arm Ieut S3 kLokk0 for any one person, 5500,000 for any one accident aced property Mange limit per accident of S400.000. The Seller shall likewise require his amonscours, if any, to provide for such compensation and insurance. Berore any of the Sellers or his codmatrs employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a ani0cae that such compensation and insurance have been provided. Such andicams shall specify the derIs when such compensation and insurance have been provided. Such rmifcates shall spaify the date when such compensation and insurance expires. The Seller agrees out such cnmpereardian orb inurane shall be maintained it ener me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any unit all dumage, loss or injury of any kind or nature wha.ocver to person or property caused by or resulting from me execution of the work provided for in this purchase order at in connection herewith. The Seller will indemnify and hold harmless the Pmchmer and my or all of the Porebuars officers, age.. and employees from and against my and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to permn or pap ry to which Me Purchaser may be put or subject by reason of my act, action, neaten, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contmccors officers, agents or employees. In case any suit or other proceedings shall be brought agalnuhe Purchaser, or in officers, agents or employees at my time on account or by reason of my ask action, neglan, omission or default of the Sella of my of his contractors or my of its or that officers, agents or employees in aforesaid, the Sella hereby agrees to assume do defense thereof and to defend the score at the Sellers own expense, to Pay my and all ws., charges, awrneys 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 min, ar other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of Me Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cane the same to h dissolved and discharged by giving bond or Sher see. The Seller and his contractors shall take all safety precaution, famish and mull all guard nwessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulation issued personal thereto. Revised 032010