HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9143901PO
PURCHASE ORDER 9143901 Page
C117/ of PURCHASE
43901 t of 2
' `t Collins( his number must appear
` v " 1 1�7 on all invoices, packing
sli s and labels.
Date: 07/11/2014
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: 07/11/2014 Buyer: ED BONNETTE
Note: PER 7380 NETWORK EQUIPMENT 8 SMARTNET SERVICES W/O CONTRACT WITH GTRI
AND WORKORDER #OPP-66519.
Line Description W""'""y UOM Unit Price =xrenueu
Ordered Price
WIRELESS SITE SURVEY SOW 1 LOT LS 16,075.39
BSINGLETON WOOPP-66519
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 6 of 6
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from suite and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 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, Drover, Colorado (Ref. Colorado Revised Statutes 1993, 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 of or payment for goods hereunder or approval ofthe design, shall not Meant the Seller of
Goods Rejected GOODS REJECTED due to failure to meet specifications. either when shipped ar due n defects of
any of the ine— ies or Obligations of this purchase order and shall not he deemed a waiver of any right of the
damage in transit may be, renrned to you for credit and are and no be replaced except upon receipt of women
purchaser a insist upon strict performance hereafor any of its rights or remedies as to any such good, regardless
instmetions from the City of Fiat Collins.
of when shipped, received or accept d, as a any prior or subsequent default hereunder. nor shall any putponed
oral modification or rescission of this purchase order by the Purchaser operate as a waixcr of any of the terns
Wpretion. GOODS arc subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, svivic s or equipment in response to this order can result in
12. ASSIGNM ENT OF ANTITRUST CLAIMS.
authorized payment on the pall of the City of Foe Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact borne by the purchaser. Themmfore, for good cause and as consideration for executing this
ponchos, major, the Seller hereby assigns to the Purchaser any and all claims b may now have or hereafter
Freight Tenon. Shipments most be F.O.B.. City of ran Collins, 700 Wood St., Fort Collins, CO 80522, aaless
acquired order federal at state nummem laws for such overcharges relating n the particular goods or service,
othenviu specified on this under. Upermission is given to prepay (eight and charge separately, the original freight
purchased or acquired by the Punctuate pursuant to this purchase order,
bill most sccomoanv invoice. Additional charges for mekm r will not be accepted.
Shipment Distance. Where manufacturers has', distributing points in us pans of the country, shipment is
.,.led from be comwO distribution point in destination, and excess Freight will be deducad from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pemnmxs certificates and licenses required by all
applicable laws, aamimic ns, ordinances red rules of the state, municipality, nmbry or political subdivision where
the work is performed, Or required by any other duly ronstiated public authority having jurisdiction over the work
of vander. Seller fuller agrees a hold the City of Fort Collins harmless from and against all liability and lass
d by them by reason of an asserted or establlsbed violation of any such laws, regulations, ordinances, rules
incurred
noanrequirements.
Amhmzation. All parties to this contract agree that the repreatmmives are, in fact, bona fide and posses full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and caMitiom stated
berein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by
refermce. Any militiomol or diRerent terms and conditions proposed by seller are amend or and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make oemplem shipment to amve an your
promised delivery dare .as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without
limitation, acceptance of partial late ddiveries, shall option, as a waiver of this provision. In the event of any delay,
Ore Purchaser shall have, in addition to other legal and ryriiable remedies, the option of placing this under elsewhere
and holding the Seller liable for damages. Howeveq the Seller shall not be liable fro damages as a mull of delays
due to causes not reannably Smeeoble which are beyond is mumnable comoul and withom its fault of negligence,
such acts of God, acts ofcivil or military authomies, govemromtal priorities, fires, strikes, flood. epidemics, wars or
hots provided that notice of Se conditions causing such delay is given a 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 acaally lost by reason of the delay.
3. WARRANTY.
The Sella warrants Nat all goods, ariicles, materials and work covered by this order will conform with applicable
drawings, specifications, samples auditor other desenptions given, will be fit for the purposes intended all
pert ed with the highest degree of mm road competence in accondmrce with worried standards for work of a
similar White. The Seller agrees to bold the purchaser harmless bourn any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wmmnry. The Seller shall airline, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable waready provided by the Set let after the date of
acceptance of the good Smashed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of Hood by the Poolroom shall rut
oasumte a waiver of any claim under this amod y. Except m odoerwise provided in this purchase order, the Sellers
liability beeuMn shall extend a all damages proximately caused by the breach of any of the foregoing waromies
or guaran gas, but such liability shall in no evens include loss of prefix 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 change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the terms, other than legal terns, including additions to or deletions farm
the memories originally onnumd in the specifications or drawings, by verbal or written change order. If any such
change aRects the amount due err the time of perfi mmace hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by %riven change order, terminate this agreement as to any Or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any walk or ar era d, then in
prgress provided that the Purchaser Shull tint be liable for any claims for amidpmed profits oa the uncompleted
portion of the goods mYor work, for incidental or consequential d ages, and that no such adjustment he made in
favor of the Seller with respect to any good which art the Seller sumL nd stock. No such nmination shall relieve
Race Foochow,, or the Seller ofmy urban Obligations as to any good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the dne the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold haeunda shall have been produced, sold, deliveed and burnished in strict
compliance with all applicable laws and regulations n which the good are subject. The Seller shall execute grad
deliver such documents an may be required to effect Or evidence complicanxi All laws and regulations expired a be
incorporated in agreements of this character aR hereby incorporated herein by this reference. The Seller agrees to
indemndly and hold the purchaser bromless home all costs and damages sulTeed by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, monster, or convey this order, or any monies due or to become due hereunder without the
prior women consent of the other party.
IO. MLE.
The Seller wamanrs full, clear and auestriev d fifte in the putchvser far all xuipmmL materials, and it. famished
in performance of this agreement, free and clear of any and all diem, restrictions. reservations, security inamn
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to corect nonconforming or defective goad by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available a it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any lia from all liability and claims of any Whom
mulling fmm the performance afmch work.
This release shall apply men in the event of fault of negligence of the party released and shall extend to the
directors, ofiic cos and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, bccause
such work is nerfmmN or caused to be, performed by the Purchaser.
14. PATENTS.
Whr aver the Seller is required to scat any design, device, material or praess covered by letter, palent, trademark
or mpyrighu the Seller shall indemnify and save harmless the Forefoot from any and all claims for infringement
by reason of the use of such patented design, device, mammal or process in connemon with the contact, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
inl'tingement at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pal is enjoined, the Seller shall. at its own expense and at its option, either Immure far the
Purchaser the right to continue using said equipment or pass, replace the same with substantially equal but
amimNugthg xuipmmt, err modify it no it becomes tnntinfr egang.
15. INSOLVENCY.
If the Seller shall become insolvent or baN:mpt, make an assignment for the benefit of creditors, appoint a
raceiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
If. GOVERNING LAW.
The definitions ofit. used or the mou,neeman oldie agreement and the rights ofoll parries hereunder shall be
committed artier and governed by the laws ardor State of Colorado. USA.
The following Additional Conditions apply only in taus where the Seller is in perform work hereunder,
including the services of Sellers Ith,morchane(s), on the promises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work at Sellers own risk am] the some is fully completed and accepted, and shall,
in se of any accident, destruction or injury tO the work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are f ishd by others for installation or erection by the Seller, the Seller shall receive, Mood,
store and handle more at the site and become responsible therefof as though such materials andror equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller hall, at his Own 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 to their dependents in accordance with the laws of the sate in which the work is a be done. The Seller
shall also carry comprehensive Joined liability including, but not limited to, contractor] aml aurnumbile public
liability insurance with Wily injury arm &orb limits of at least S300,000 for any ore prat S50J." for any
one ecend,., and property damage limit per accident of S4130,000. The Seller shall likewise require his
if any, to provide for such commemernion and insomnia. Before any of the Sellers or his tractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such emificaes shall specify the done when such
compensation and insurance have been provided. Such certificates shall specify the data when such compensation
and insurance expires. The Seller appears that such compensation and insurance shall be maintained until after the
retire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more mponsibilay and liability for any and all damage, loss or injury of any kind
or nature whromev'er to persons or poupi rty caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless Ne Purchaser and any
r all of the Purchasers omiceq agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether a persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect. omission or default on the Pan of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
ptaeedirip shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any ac4 action, neglect, omission or defaWt of the Seller of any of his contractors or any of its or
thew officers, agents or employees as aforesaid, doe Seller hereby agrees to assume the defense doctor and a
defend the same at Ne Sellers own experts, a pay any and all tests, charges, aro meys fees and other expenses,
any and all judgments that nay 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 or other lien be placed upon or
obtained against he property of the purchaser, or said parties in Or m a result ofsuch suits or other proceedings,
the Seller will at once course the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safely precautions burnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulatiom with regard an safety including. but without limitation, the
Occupational Safety end Health Ac, of 1970 and all Olen and ragulmiom issued pursuant thereto.
Revised 03f2010