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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9143282PO PURCHASE ORDER 914328er Page City of PURCHASE 3282 ' of z ' `t Collins( his number must appear \� " 1 1 on all invoices, packing sli s and labels. Date: 06/11/2014 Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 300 DENVER CO 80209 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 06/11/2014 Buyer: ED BONNETTE Note: PER 7380 NETWORK EQUIPMENT AND SMARTNET SERVICES W/O CONTRACT WITH GTRI. Line Description Quantity UOM Unit Price Extended Ordered Price i GTRI QUO-84244-C6L3R6-7 Utilities 200 & 212 W Mountain 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 1 LOT LS 23,042.69 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon shirt performance of the semis and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Strums 1973, C'haper 39-26. 114 (a). exercise any fights or romedies provided heroin or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance ofo, payment for goods hereumer m approval of the design, shall not reform the Seiler of Goods Rgatad. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any Of the warranties or obligmions of this purchase order and shall not be, deemed a waiver of any right of me damage in tmmir. may be returned to you for credit and an, trot to be replaced except upon receipt of xnne t purchaser ro insist upon strict pert acre broof or any of its rights or remedies as to any such goods, regardless instructions Imm the City of Fort Collins. of when shipped, received or accepted, as to any prior or mascryomr default hereunder, mar shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in comme to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. milmrired payment an the pact of the City of Fort Collins. However, it is to be, understood dial FINAL Seller and be Purchaser recognize that in ==I commair practice, metcharges resulting from antitrust ACCEPTANCE is dependent upon essmpletion of all applicable required re latioo procedures. violations art in fact boat by thus Purchaser. Therremfote, far vied came and as consideration for executing this Purchase under, rise Seller hereby assigns to the Purchaser tiny and all claims it may now have of hereafter Freight Tema. Shipments must be F.O.H, City of Fan Collins, "IOO Wood Sr-, Fort Collins, CO 80522, unless acquired under fedcml or state antitrust funs for such overcharges relating or the particular goods or services othernis, specified on this order. If permission is given to prepay freight and charge separately, the original f ight purcbued or acquired by the Pufharer pursuant to this purchase ordi bill mast accompany invoice. Additional chuges for packing will rah be are pond. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various, pans of the country, shipment is lfthe Purchsser direct the Seller to carter uncommonness or defective goods by is dam m be agreed upon by the taperted from the nearest d¢tnbmion point to denudation, and excess freight will be d iuctad from Invoice when Purcheral and the Seller, and die Seller thereafter indicates is holiday or unwillingness to comply, the Purchaser shipment are made from greater distance. may cause the work to he performed by the most expeditions means available to it, and the Seller shall pay all costs associmed with such work. Pamirs. Seller shall procure at sellers sole cost all namo ry Pamir, certificates and licenses acquired by all applicable laws, regulations, ordinances and roles of the state, municipally, temmry or political subdivision where the Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature the work is performed, or required by any other duly consumed public authority having jurisdiction over the work resulting from the pefommance of such work. of vendor. Seller further agrees to hold the City of For Collins handicas from and against all liability and less incurred by them by reason of on assured or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements, directors, otficas and employees of such party. Authorization. All parties to this correct agree that the mprownmtives or, in fact, bona tide and possess full and The Sellers emalructu l obligations, including warranty, shill not be deemed to be raduced, in any way, because ample¢ authority to bind said panics. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Pnrchme Order expressly limits acceptance to the terms and conditions stated herein set fool and any supplementary fir additional temp and conditions annexed herein or incorporated herein by reference. Airy additional or different rams and conditions proposed by seller are ob amd to and hereby roared. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is office essaee. Delivery and performance most te eHeered within the time aimed on the purchase order and the documents attached harem. No act of the Purchasers including. without [majolica, acceptance f,.dial late deliveries, shall operate as a waiver of this provision. In the event of any delay, me Purchaser shall have, in addition to other legal and equitable remedies, the option ofpmang this order elsewhere and bolding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due m causes at reasonably funsaable which are beyond is reasonable control and without it fault of negligence, such acb fGod. acts of civil or military authorities, gavemmental pnoritiea fired smon, Rook epidemics, wars or nos provided that it. of Ore mnditiors causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In die runt of any such delay, the date of delivery shall be, extended for the period equal to the time actually lost by reason off delay. 3. WARRANTY. The Sella wmtmas that all goods, articles, contends and work covered by this order will coif with applicable dmw6gr, specifications, sampler mal order descnptiom given, will be far fro the paryoses intended, and Performed with the highest degree of cart and comparator in accordance with accepted sundud for work of a similar ramte. The Sella agrees to hold the purcharer bard. form any Imes, damage or expo. which die Purchaser may sufferer incur on account of the Sellers breach ofwanrmry. The Seller shall replace, will or make good, without cost to the purchaser, any def s or faults arising within one (1) year or wi li n such longer formal of time as may be protected by law or by the mans ofany ep,Ii.blc warrmy provided by the Sella after the date of acceptance of the goods famished hereunder (arceptantt not so te occasionally delayed), resulting form impartial a, defective work done or mmaials fomishad by the Sella Acceptance of sea of good by the Purchaser shall rut constitute a waiver of any claim major this wamany. Except as otherwise provided in this pashas, order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing swredies so guarantees, but such liabil iy shall in no event include loss ofprifits err 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, buy make any cherries at the ¢ens, other than legal temps, including additions no or deletions from the quantities originally ordered in the spmifcutlons or drawings, by scroll m written change order. If tiny such Orange affects the aim a, due .,,he time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, montane Phis agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods mNor work, for incidental or consequential damages, and that no such adjustment be made in favor aide Seller with rtspmt to any goods which am the Sellers standard stock. No such termination shall relies'e the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be acttrted within thirty (30) drys from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants shot all goods said hereunder shall have been poraluced, said. delivered and furnished in strict compliance, with all applicable laws and regulations; to which the goads are subject. The Sella shall execute and deliver such mountain as may te required to effect or cridemre compliance. All Islas and musicians captured to he incorporated in agreements of Nis character are hereby incorporated herein by cis reference. The Sella agrees to indemnify and hold the Partial harmless From all coos and damages suffared by the pmchazer as a result of tee Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither parry shall assign, va.far m convey cis odor, or my martin due or to became due hereunder without 6e PH. wanen commit offal, other party. 10. TITLE The Sella warrants fail. dear and unrestricted ride to the Pmrchaser for all equipment materials, and items furnished Or peHormance of this agreement, free and clam Of any and all liens, restiaime, restaxamoss, secuny interest encumbrances and claims of offers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by labor, parent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by tenon of the use of such patenmd design, device, material or process in connection with the cmmme" and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or alter 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 constitute infringement and the use of said equipment or Fort is enjoined, the Sella shall, of its awn expense and at is option, either procure for the Purchaser the nght to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it bermes noninGnging. I S.INSOLVENCY. If the Sella shall become ironical or bankrupt, make an assignment for she benefit of creditors, appoint a receiver or wstee for any of the Sella property or business, this cubic may forthwith be canceled by die Purchaser without liability. 16. GOVERNING LAW. The definitions of tans road or the interyreadion of the agreement and the rights offafal parties hereunder shall be mreswed under and govemrd by the laws ofthe Sam ofCulomdo, USA. The following Additional Conditions apply only as ason, where f Sella is to pert work forma r, including the savica ofSellas Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Sella shall an, on said work at Sellers own risk until the same is flly completed and accepted, and shall, in also of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and in the satisfaction of tee Purchaser. Whom materials and equipment art Bandstand by others for installation or crearm by 6e Seller, die Seller shall receive, unload, store and handle same at she site and become responsible therefor as though such materials and/or equipment were being furnished by me Seller coda the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bme0t, to its employees employed on or in connection with the work cmered by this puabase order, and/or to their dependmts in accordance with the laws of the sate in which the work is ra be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public holiday vo—cnve with budlly injury vial death limits of m last S30 %. for any one person, $5.0,000 for any one accident and property damage limit per .,,deal of S400,000. The Seller shall likewise require his ommdnrs, it any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall finish the Purchaser with a certificate that such c mpensminn anal insurance have been provided. Such computes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation cad insurance expires. The Seiler ogees that such compensation and insurance shall be maintained until after die .fine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r namm whasaever to person or property caused by err resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indermify and hold mutation the Pumhasa and any or all of the Purchasers ollicers, agents and employees from and agfiirst any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, m which the PPPrcbaer may be, put or subject by reason of any act, notion, neglect omission or default on the pan of the Seiler, any of his commerors, or my of the Sellers at contractors officers, agents in employees. In case may suit or other Poisonings shall b , brought against die Purchaser, or its officers, agent or employees at any time on account Or by commit of any act, action, ceglect omission or default of she Sella of may of his contractors or my of its or heir officers, agents or employees as aforesaid. the Sella hereby agree to examine the defeme thereof and to defend the come ar Om Sellers own expense, to Pay my and all mat, charges, mtomeys fees and other expctses, any and ill jedgmms that may Is, retuned by or obtained against the Purchaser ar any of is or their officers, agents or employees in such suits or order proceedings, and in raw judgment or other lira be, placed upon or obtained against the properly of dac Purchaser, or said parties in or as a result of such its err omer proceedings, the Sella will m once cause me same to b, dissolved and discharged by going band or otherwise. no Seller and his contractors shall take ill safety precautimrs, famish and instill all guards necessary fro the prevention of ancidens, comply with ell laws and tgularm. with regard a safety including, but without limitation, the Occupational Safety find Health Act of 1970 and all roles and m,latous issued pursuant thereto. Revised 012010