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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9143282 (2)Fort Collins Date: 07/17/2014 PURCHASE ORDER Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 300 DENVER CO 80209 PO Number Page 9143282 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: 06/11/2014 Buyer: ED BONNETTE Note: PER 7380 NETWORK EQUIPMENT AND SMARTNET SERVICES W/O CONTRACT WITH GTRI. Quantity Extended Line Description UOM Unit Price 2 Shipping Shipping Charge 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@fogov.com 1 LOT EA 91.07 $91.07 Pay terms net 30 days 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tax¢. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84L000592 is registered with the Collecmr of Failure of the Purchaser to insist upon ante, pttformama, of the terms and conditions hereof failure nr delay m Imemnl Revenue, Denver Colonda (Ref. C.I—rdo Revised Statutes 1923, Chapter 39-2(, 114 fa), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any Of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in numb, may b, resumed to you for ,edit And me not to be replaced except upon receipt of wrinen purchaser to insist upon strict perfownnce hereofor any of its rights Or remedies as to any such goods, regardless imtructiore fmm the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, Am shall any purported oral moth demon or rescission of thi, purchase oNer by the Purchaser operate m a waiver of any of the terms Inspection. GOODS An, subject to the City of Fort Collins inspection on m rval. hereof. Final Acceptance. Receipt of the merchandise, saryi. or equipment in rnpame to this order can result in 12. ASSIGNM ENT OF AM [TRUST CLAIMS. authorised payment on the pan of the City of Fan Collins. However, it is to b, understood Out FINAL Seller and the Purchaser recogniss that in actual economic practice, overcharges resulting from antiwar ACCEPTANCE is dependent upon completion oral] applicablerequirel inspection procedures. violations are in fact bome by the Purchaser. Thartofore fgood cause and As core idmition for executing this purchase order, the Seller hereby .assigns to the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipments must be FOB., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless Acquired under federal or state Antitrust laws for such Overcharges relating to the particular goods or services mherwke specified on this order.Ifperm,,ion is given mprepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hit] tuna aucnn— iavnice_ Additional charees far nukinr will not be accented. Shipment Distance. Where manufacturers have da,mmuing Points in van.. Pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will b, disdained from Invoice when shipments An, made fmm greater distance. Permits. Seller shall parma, at alders sole cost all n,'esvry, Fronts, certificates and Eraser, mluired by all applicable laws, regulations, ordinances and rates of life state municipality, territory or Political subdivision where the work is perforated, or required by Any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins honnlas front and against all liability send loss incurred by them by reaon of an receded err established violation of any such laws, regulations, ordinances, rules and requimmenb. Authodrmlon. All parties to this contract agree that the repmosmadves are, in fact, bow fide and passysii full and complem froma ry to bind said witice. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the icons and conditions saved herein set font, and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby jaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Humuchwely if you cannot make complete shipment to active on your promised delivery date as noted. Time is of the essenrc. Dclisc, and perfmta.ra must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Initiation, acceptance of padial late dehean s, shall operate as a waiver ofthis provision. In the event many delay, the Purchnsr shall have, in addition to other legal and equitable remMies, the option of placing this order elsewhere .it holding dw Seller liable for damages. However, the Seller shall Out be liable for damages as a result of delays due to causes Am reasonably fonnttable which are beyond its reasonable control send without its fault ofnegligence, such am, of God, acts of civil or military authorities, governmental priorities, fires, strikes, road, epidemics, wars or no¢ provided tear notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller first rentord Imowlodge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lust 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 anNm other descriptions given, will be, fit for the purpaaes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the punebaar harmless fmm any loss, damage or expense which the Purchaser may su1Rr or incur on acromt of the Sellers breach of wananry. The Seller shall replace, repair or make good, Without cost An the purchaser, my defects or faults arising within one (U year or within such longer period of time as may be preunbed 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 Pmchnser shall not constitute a waiver of any claim under this wamanly. Except as otherwise provided in this purchase order, the Sel lers liability hereunder shall extend mall damages proximocly caused by the breach of any of the foregoing wmanow, or guarantees, but such liability shall in no event include less of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchase, may make change, At legal leaner by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes m the rem,, other than legal teens, including Additions to or deletions four, me courannea originally ordered in the specifications or drawings, by verbal or written change Order. If any such change affects the amount due or the time nfperfomtance hereunder, an equitable adjustment shall be made (. TERMINATIONS. The Purchaser may at any time by wdnen 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 work or materials then in progress provided tbar Om Pmcbuer skill not be liable for any claims for antidpmed Profits on the uncompd,ed Ionian of the good andbr work, for imidemal or consequential damages, And that no such Wjmtmmt h made in favor of the Seller with respect to any goods which are the Sellers standard stick. No such lamination skill relies, the Purchaser or the Seller of any of their obligations As An any Goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adiusment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict englimea, with all applicable laws and regulations m which the good Are subject The Seller shall toured and deliver such documenm as may be emuirtd to effect or evidence compliance. All laws and regulatim¢ required to be incorporated in agreemeau of this charscter are hereby inmrpmutN herein by Nis reference. The Sell, agrees m indemnify and hold the Purchaser harmless from all costs and damages suffeM by the Norman As A result of Ore Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, Inner". or convey this order, or any monies due or to become due hereunder without the prior written consent Of the Other parry. 10. TITLE. The Seller xamnis full, clear and ttmestn,ed tide to the Parchaser fro all equipment, m>leriaB, and if. fiunishN in paremareare of this agreement f and clear of Any and all liens, restrictions. reservations, semriry interest encumbrances and claims ofmhera. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to contact nonconforming or defective goods by a date to he agreed upon by the Purchaser And the Seller, and the Seller thereafter indicates its inability or unwilimpross to comply, the Dominica may cause the work to be performed by the most expeditious means asnilable An it and the Seller shall pay all We. associated with such work. The Seller shall release the Purehmer and its —arse- of any tier from all liability and claims of any mtme resulting from the performance ofsuch work. This Adana, shall Apply even in the event of fault of negligame of the Any released and shall extend An the directors, olticers and employ'., fsuch party. The Sel ces contractual obligations, including warranty, skill nor be deemed to be reduced, in any way, because such work u pfourmed a caused m M performed by the Purchaser. 14. PATENTS. Whenever the Seller is raryired to use any design, device, material or process coverall by letter, parent, trademark Or copyright, the Seller shall indemnify and save handless the Forebear from any end all claims fir infringement by reason of the use of such patented design, device, mmenal or process in connertion with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement A any time during the prosecution or he, the catude ion of the work. In rasa said equipment, or any pan thereof or the intended use of the pools, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at in own expense and at its option, either procure for the Purchaser the night to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imolvent or bankrupt. make An assignment for the benefit of couldom, appoint a or trustee for any Of the Sellers progeny Or business, this coda may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftams used or the interpretation of the agreement and the nghu of all parties hereunder shall be onsweJ under and governed by the laws oftbe Smte of Coloudo, USA. The following Additional Conditions apply only in froas ker, the Seller is to perform work hereunder, including the sanices of Sellers RemesenurivHs), an the premiscs ofortai IT. SELLERS RES ONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destrmdon or injury An the work Amalie mamnals before Sellers fast completion and Acceptance, complete the work at Sellers own expense and to the atistartion of the Purchaser. When materials And equipment are famished by others for completion or erection by the Seller, the Seller shall receive, unload, ,lure and handle same at the site and become rapamible therefor as though such materials and/or equipment were being Finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expanse, provide far the payment of workers comamostaan, including comp amical disease benefits, to employees employed on or to contraction with the work covered by this parchm, order, Anal to their deperAents in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited An, contractual and automobile public limulay issuance with bodily injury and demF limits of at least $300,000 for any one pnaun, $500,000 for Any one occident and pmpeny damage limit per accident of $400.000. The Seller shall onlikewise se rqeuire his tmeton, if any, ,, provimk lmen iter such mpand insurance. Before any of the Sellers or contractors employees Shall do any work upon the premise of others, the Seller shall burnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ci nifomcs shall specify the date when such compensation and insurance expires. The Seller agrees thtu such compensation and insurance shall be maintained until after thc entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcsponal iliry and liability for any And all damage, loss Or injury ofay kind or nature %homever to persons or pmpeny caused by or resulting from dte execution of the work provided for in this purchase oNer or in connection herewith, The Seller will indemnify and hold handless the Purchaser And any r all of the Purchasers officers, agents and employees roan and against any and all claim,, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmpeny to which the Purchaser may be put or subject by mason of any cal, action, neglect, omission or default on the pan of the Seller, any of his contractors, m any of the Sellers or cnntmcmrs tuicars, agents or employees. In case any suit r other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by town of Any Art action, neglect, omission or defank of the Seller Of my of his contractors of my Of its or their oftiOns, agent Or employees m aforesaid, the Seller hereby agrees la assume the defmse thmwf and tu defend the same al the Sellers own expense, m pay any and all costs, charges. moneys fees end other expenses, any and all judgments Oat may be inmmed by or obtained against the Purehm, 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 the property Of the Purchmep or said panics in or As a result of much suits or other proceedings, the Seller will at once cause the same to be dissolved and diaelurged by giving band or otherwise. The Seller and has contractors skill take all watery precautions, fumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with ragaN to safety underling. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant theories Revised 0712014