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HomeMy WebLinkAbout309345 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9144534Fort Collins Date: 08/07/2014 PURCHASE ORDER Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 300 DENVER CO 80209 PO Number Page 9144534 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: 08/07/2014 Buyer: ED BONNETTE Note: PER 7368 Professional Network Engineering & Implementation contract and signed Work Order, attached. Line Description Quantity UOM Unit Price Extended Ordered Price CISCO VOICEMAIL INTEGRATION SOW - B.SINGLETON 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 9,022.45 Total 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 1. COMMERCIAL DETAILS. Tax exemptionsBy statute the City of Fort Collins is exempt from state and local lanes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cw ificnte of Registry 84-WO587 is oag warts with the Collector of Inmmal Revenue, Denver, Colombo (Ref. Colorado Revised Minutes 1973, Cbapter 39-36, 114 (a). Goods Rejected. GOODS REIECTED does, to failure m meet specifications, amen when shipped ur due to defeat of damage in ..it. may be .sto.d to you for credit and we not to he replaced except upon Teri,, of wanes instructions from the Ciry of Fart Collins. Impenion GOODS arc subject to the City of Fort Collins inspection on arrival. Ford Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in mabo iced payment on the pan of the City of Fort Collins. However, a is to be understand ter, FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Trans. Shipments most be F.O.D., City of Tom Collins, VW Wood St., Fort Collins, CO 80533, unless otherwise specified on this order, lfparrission is given to prepay freight and charge mpmmly, the original freight MI I ono anmmoauv Invoice. Additional chances for nmkine will not he accented. Shipment Distance. Where manufacturers have distributing points in venous pans of the country, shipment is expected from the matter distribution point to destination, and excess freight will be deducted from Invoice when shipments ere made from greater distance. Trans. Seller shall procure tit sellers sole cost all naessury permits, certificates and licenses required by all applicable lows, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is panm mal, or required by any other duly emen and public sahonry having junsdiction over the work of vendor. Seller Lumber agrees to hold me City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an msemed or established violation of any such laws, regulations, ordinances, roles and on,mo mens. Authorirmim. All parries to this contract agree tat me repremnatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lams and conditions stated herein set forth and any supplem alary or additional leans and conditions annexed hereto or incorporated beam by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdia rch, if you camp, make complete shipment to arrive on your promised delivery dam as, noted Time is of the crooner. Delivery and peraing a must he effected within the time stall wo the purchase order and the documents atmchd hereto. No etc¢ of the Parchment including, without limitation, acceptance of parisl late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser. shall have is addition to other legal and equitable remedies, the Option orphaning this role elsewhere and holding the Seller liable for damages However me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its remonable control and without its fault of negligence, such was of God, acts ofcivil or military authoutes, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided dust notice of the conditions causing such delay is given an the Purchaser within five (5) days of the time when the Sala first received knowledge thereof. In the event of any such delay, the dare of delivery shall he extended for the period equal as the time actually lost by person of the delay. 3. WARRANTY. The Seller warrants that all goods, Witter, materials and work covered by this order will conform with applicable dreamps, specifications, complex Wall Omer dmcriptimrs given, will be fit for me purposes intended, and performed with the highest degre, of care ant comperrnew in accordance with accepted standards for work of a similar name. The Sella Wrens to hold the pmchnse, hammless from any loss, damage or expense which the Purchaser may suffer or incur On account ofthe Sellers breach of wamnry. The Seller still replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time se may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the doe of acceptance of the goads Famished armada acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or warrants banished by the Seller. Acceptance or use of goods by Be Purchase, mall not consulate a waiver of any claim under this we cro ry. Except m otherwise provided in this purchase order, the Sellers liability Maunder shall extend to all damages proximately caused by the breach of any of are foregoing warranties mg nfas, but such liability shall in no event include loss or parties 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 watte. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me term, other Nan legal Laws, includingadditiors to or deletions from me quantities originally cork -cal in the apothecariesm dmwings, by verbal or woman change order If any such change ofTecm the amount due or the time ofpaIWrnance hereunder, an equitable dju uncut shall be made. 6. TERMINATIONS. The Pmchaser may at any time by written change order, terminate this agreement as to any or all poninns or the goads then not shipped, subject to any equitable adjustment between be p sties as to any work or materials then in progress provided that the Purchaser shall nor he liable for any claims for wi icipated profits on the uncompleted portion of the good andlor work, for incidental or cat yuential damages sod mat no such adjustment he made w favor ofine Seller wins summer to any goods which are ter Sellers standard stock. No such meadows. shall aliese the Purchaser or the Seiler of any offset, obligations as to any good delivered hmursda 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment marl be asserted within thirty (30) dap from the date the change or ammunition is ordered. 8. COMPLIANCE WITH LAW. The Sella wamnas Out all goods said titanium shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and reactant.. 1. which the goods are subject. The Seller shall <xame and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be ncorpomtd in ouncro ns of this chains, are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaer fiomless from all costs and damages suffered by the Purchaser or a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shell cosign, transfer, or county this order. car my moms due or to become due hereunder without the prior wnnen a.., ofine other parry. 10. TITLE. The Sella warrants full, clear and unrestricted title tome Purchmer for all equipment, materials, and items famished in performance, of this agreement fate and clear of any and all Item, restrictlom, reservations, security interest acumhrmars and claims of omers. ILNONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions thereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accuptana of or payment far goods h rnarda or approval of the design, shall not aleau me Sella of any of the womnties or Obligations of this purchase order and shall not be dam d a waiver of my right of the purchara to insist upon stria performance hacofor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, mar shall any imposed oral modification or rescission of this purehm order by the Purchaser operate as a waiver of any of the team hcmof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Suite and the Purehma Wrogni- thm in .,root wasumbe prossui o rwharges resulting farm antitrust violations are in fact Some by the Pmchaser. Themtofom, for good mom and as consideration for executing this purchase order, the Sella hereby margins to me Purchaser envy and all claims it may now have or hereafter acquire under federal or stem antitrst laws for such oa wl mgex relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Purehmf duets the Sella to concert nonconforming or &firctive goats by a date to be agreed upon by the Purchaser and the Seller, nod the Sella fattener indicates its inability or weadimgaess to comply, me Parchuer, may carte lac work Ira he pafomled by the most expeditious means eaaliable an it, and the Seller shall pay all eoak umoeiated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any more resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend m the directors, officers and employees orsuch party. The Sellers contractual Obligations, malodor, warranty, shall not he darned to be reduced, in any way, became such work is performed or award to he performed by the Purchases. 14, PAT 'ENT S. Whenever the Sella is required to use any design, device, material or process covered by lever, patent, trademark r copyright, the Sella shall indemnify and save hatless the Purchaser farm any and all claims for infirowmem by reason of the use of such patented design, device, rrutmal or process in correction with the contract, and shall indemnify the purchaser for any cost experts, Or damage which it may he obliged 1. pay by reason of such infringement at any are during the pro a rumen or after the completion of Be, work. In erne said equipment, or any pan thereof or the intended sea of the goa6, is in such suit held to worwitum infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and M its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall bcconw insolvent or bankrupt, make an assignment for the Import, of a e itars, appoint a or vmme for ony of the Sellers pmpemy or baswess, this order may forthwim be, canceled by Jae Purchaser without liability. 16. GOVERNING LAN'. The definitions oftems used or the interpretation Offer agreement and the rights oral[ panics hereunder shall be omlrused under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in room where the Seller is to perform work hereunder, including the services of Sellers Rcpresenmtive(s), on m<premius ofobars. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until are same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work manor materials before Seller's final completion and acceptance, complete the work at Sel1els own expense and to the satisfaction of the Foochow. When materials and equipment art morn d by omers for imtallaion or rmdnn by me Seller, the Seller shall receive, unload shore and hadle same an are site and become responsible mrmfor as though such materials and/or equipment some being formshed by me Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensotion, including occupational disease benents, to its employees employed on or in connection with the work covered by this purchase order, indoor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual end automobile public liability imwance with bodily injury are dreN limits of err leazr S300.nN for my ooe parson. 55W,MV far any one accident and property damage limit per accident of S400,000. The Seller all likewise taprire his comosc urs, any, to provide for such c onono mica and iusumnce. Berme any of the Sellers or his cons ,a. employees still do any work upon the premiser of others, the Seller shell famish the Purchases with a cettificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and assurance, have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees mat such compensation and imumnce shall be mai.mind until after the entire work is completed and awWW1. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella harry msumm the entire responsibility and liability fa my unit all damage, loss or injury of-, kind or nature %h waver to pasom or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and held harmless the Purchaser and my or all of the Proboscis oRcar, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direr or indirect, and whether m persons or property to which the Pmchaser may b, put at subject by reason of any act, action, neglact omission or default on the pan of the Seller, any of his wrourcon. or any of me Sellers or contractors officers, agent or ampkyexm. In erne any suit or omen proceedings shall be brought again, the Purchaser, or as othcurs, agents Or employees at any time on account Or by rumen of any act cation, region, omission or default of the Seller of my of his contractors or any of its or their iffcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expeme, to pay any and all avers, charges, attomrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Otfcam, agents or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or obtained against are property ofthe Purchases, or said gerfies in or m a With of mch same, or other proceedings, the Sella will a, once carrot the same 10 b, dissolved Will dischorged by giving bond Or ethawise. The Sever wall his contractors shall take all mfery precaulai famish and install all good aaessary for me pmention of accidents, comply with all laws and regulations with regard to safety including, but without hmrmboo, the Occupational Safety and Hawlth Act of 1900 and ell roles and regulations issued pursuant thereto. Revised 07I2014