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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9143623PO PURCHASE ORDER 914362er Page City of PURCHASE 9143623 1 of z ' `t Collins This number must appear ` "' 1�7 on all invoices, packing sli s and labels. Date: 06/2712014 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: 06/27/2014 Buyer: ED BONNETTE Note: PRICING PER 7380 NETWORK EQUIPMENT AND SMARTNET SERVICES AGREEMENT, AND QUOTE #QUO-92354-Z7K7Z8-0 DATED 6/23/2014 FROM JAYME FJESETH. Line Description Quantity UOM Unit Price Extended Ordered Price i GTRI QUOTE Q1JO-92354-Z7K7Z8-0 TRY & BUY-3650 HARDWARE 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.00m 1 LOT LS Total Invoice Address: 8,341.30 1.30 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terfns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt fmm state and local main. Our Exemption Number is 98-04502. federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of Inmmal Revenue, Denver, Colorado (Ref Colorado Revised Simmons 1973. Chapin 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure to meet spde fictions, either when shipped or due to defects of damage or it may be enumd to you for credit and are net to be replaced except upon receipt of women momnians Regional, City of Fon Collins. Inspection. GOODS arc subject to the City credit Collins irwpection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in molonittd payment on the pan of the City of Fort Collins. However, it is to M understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be f O.B., City of Fart Collins, 700 Wood St, Fair Collins, CO 80522, unless otherwise specified on this order If permission is ,on m prepay freight and charge separately, the original freight of l must accompany invoice. Additional charges for packing will not be accepted. Saracen, Dean re. Where manufacturers have distributing points in various parts of the country, shipment is expected from file nearest distribution poim to destination, and excess freight will be deducted fmm Invoice when shipments are made from g—,a, durance. Formula. Seller shall pmcure at seller sole cost all necessary permits, sonificata and licenses required by all applicable laws, regulations, ordiwnces and roles ofthe safe, municipality, largely or Political subdivision where the work is perforated, or required by any offer duly considered public authority having jurisdiction over the work of vendor. Seller further agrees to hold rise City of I. Colfax harmleu franc end against all liability and loss ncuvd by them by reason of an assured or established violation of any such was. regulations, oMannm, roles and ruryirements. Antimicrobial. All panin to this Comma agree that ffe cepresenmriva are, in fact, berm fide and possess full and complete authority to bind said panic. LIMITATION OP TERMS. This Purchase Older expressly limits acceptance m the corms and conditions stood herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions purposed by utter are abjedd to and hereby mitered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your pmmisod delivery dam a noted. Time is either essence. Delivery and performance most be effected within the time sorted on the purchase order and the documents ameded hereto. No acts of the Purchasers including, without limitation, acceptance of partial laic deliveries, shall operate as a waiver ofthi, provision. In the evens fany 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 shall not be liable for damages as a result of delays due it, coasts not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such is of God, act, of civil or miliary suthonties, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided shot 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 cent of try such delay, the dam of dclos, shall be extended for the pad amid to the time count ly lost by reason of the delay. 3. WARRANTY. The Seller warms that all goods, amides, materials and work arced by this order will conform with applicable drawings, specifications, samples magor other descriptions given, will be fit for the purpssa intended, and perfomed with the highest degree of care and competence in accordance with accepted assailants far work of a similar brume. The Seller agrees to hold the purchaser hatless fmm any loss, damage or expense which the Purthaa may suffer or incur ed account ofthe Sellers breach aristocracy. The Sella shall replace, repair or make good, without curt to the pumhasen any defects or faults arising within one (1) year or within such longer pmd of time as may be prescribed by law or by the terms of my applicable wamnty provided by the Seller time the date of accepanct of the geed thmisM1d heeunder (acceptance trot to be unreasonabty delayed), resulting from imperial or defective work done or ma¢rials famished by the Seller. Acceptance or use of goods by the Poindexter shall not onstimte a waiver of my claim mda this warory. Except as otherwise provided in this purchase order, the Sellers liability becaunder shall exend to all damages proximately caused by the breach of any afihe foregoing 1,i1s of guam ucal, but such liability shall in no aenr 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 Particular may make changes to legal teats by odors lunge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal hems, including additions to or deletions firm The quantities originally ordered in the specifications or dmwilip, by verbal or written dmage order. 11any such change effects the amount due or the time of pu[omunce hereuudeq an equitable adjustment shall be made. 6. TERMINATIONSm' The ruminate may at :my time by written change order, terminate this agreement as ht any or all Indiana of the gouts than not shipped, object,a any equitable adjustment between the radios u to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated probes on the uncompleted portion of ffe good andlar work, for incidental ar curoequemlal 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 nomination shall reline the Purchaser m the Sella of any ofdrar obligations as 1p any good delivered herewda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjutmenn most be asserral within thing (30) days from the dam the change or trminatiem is oNered. 8. COMPLIANCE WITH LAW. The Sella warn¢ that all goods sold hemanda shall home been pmdueed, sold, delivered and furnished in shier compliance with all applicable laws and regulations to which fine goods are subjan. The Seller shall execute and deliver such documents a maybe require m efec, or evidence compliance. All laws and regulations contend to b, ncorporated in agreements of this character me hereby incorporated herein by this reference. The Seller ages to indemnify and hold the Purchase hatless fmm all costs and damages suffered by the Purchosa as a reset of the Sellers failure to comply with such dew. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder woman the prior wrimen consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pardoner for all equipment, materials, and hems fumishd in performance of this agreement, two and clear of any and all limas, manlctioas, reemmiotw, security interest encumbrances and claims of others. 11. NONWANER. Failure of the pardoner to insist upon strict performmcee of the terms and conditions hereof. faihue or delay an y rights or comments provided herein or by law, failure to promptly notify the Seller in the event of a breach, an reach, the acceptance of or payment far gre:is hereunder or approval crew design, shall and relase the Seller of any of the warranties or obligations of this purchase order and shall rat he deemd is waiver of any right of the purchaser to inset upon strict performance hereafor any of its rights or remedies as to any such goods, regardless of when shipped, received or accmpad, as to any prior or subsequent default hrreunder, nor stall any regional oml confirmation or remission of this purchase order by the Purchaser opens. as a waiva of my of the tame hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual ¢nuric yr tfre, overchn,as resulting from antiorsl ions are in fan borne by the Pvrchaer. Theremfore,for'mad cane and as rotwidcmtion for exacting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such ovuchargw relating to the 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 good by a time to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of such walk. This release shall apply even in the event of fault of negligence of the Ivory released anal shall extend to the directors, officers and employees of such party. The Sellers commercial obligations, including wamnry, shall rot be deemed to be reduced, in any way, because such work is performed or emtsed to be performed by the Pureducars. 14. PATENTS. Whenever the Seller is "need m use any design, device, material earliness toward by loner, palest 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 mantled design, device, material or pass in mmection with the cmtran, and shall indemnify the Purchases for any cost, expense or damage wh ch it may be obliged no pay by co lion ofsech infringement many time during the prosecution or after the completion of the work. In case said equipment, or any part Hereof or the intended use of the good, is in such suit held to constitute infringement ad the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either picture for the Purchaser the .,he to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, make an assignment far the benefit of coadimrs, appoint u receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the am Panchr without liability. 16. GOVERNING LAW. The definilmo, of tents word or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Coincide, USA. The following Additional Conditions apply only in cases where the Seller is m pert walk hertunda. including the services of Sellers Repro mmove(s), on firepremises of others. U. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed and scripted, and shall, in ase of any accident destruction or injury an the work andror rnderials before Sellers Final completion and accepaae, mmplete the work at Sellers own expense and or the saes sficater of the Purchaser. When materials and equipment are funrnishad by others far insmllalmar of macrien by the Seller, the Sella stall recess, unload, store and handle same at the site and become responsible therefor as though such naturals andror equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including o cep tioral disease benefits, 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 work is to for done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance x'iN baldly injury and death limits of al lout 530b.00 on any one ponsco, 55UI,000 far any one accident and property damage limit per accident of 5400p00. The Seller shall likewise require his violvenars,if any, to provde for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and msmance expires. The Seller agrees ohm such compensation and insurance shall low.,, named unlit aria the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the atim rapomibihly and liability for any and all damage, loss or injury army kind r nature whatsoever to persons of property cause by or resulting from the execunm of the stock provided for in this purchase order or in connanion herewith. The Seller will indemnify and hold hmmless the Perdu end any or all of the Prominent officers, agents and employes fmm and against any and ell claims, losses, damages, changes or expen s, whether direct or indirect am whether m persons or property to which the Purchaser may be Put or subject by reason of my act action, oeglca, ondssion or default an rise pan of the Sella, any of no contractors, or any of the sallm or contractors officers, agents or employees. In cam any suit or offer proceedings shall Ise hadn't, against the Purchaser, we its officers, agents or employees at any time an account or by lesson of any act i coioq neglect omission or default of the Seller of my of her conrracers or any of its or their officers, agents of employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the sane a1 the Sellers own exparat to pay any ad all costs, charges, amomeys fees and other expenses, any and all judgments that duty be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment of offer lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a much of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall cake all safety mannowars, famish cad install all guards necessary for be p.,action 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 tales and regulations issue pursuant thereto. Revised 03I2010