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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9144899PURCHASE ORDER PO Number Page City, of PURCHASE 944899 , of 2 ' `tCollins( vhis number must appear ` �7 on all invoices, packing sli s and labels. Date: 08/25/2014 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: 08/25/2014 Buver: ED BONNETTE Note: PER 7380 NETWORK EQUIPMENT & SMARTNET SERVICES AWARD TO GTRI. Line Description Quantity UOM Unit Price Extended Ordered Price GTRI WO QUO-95042-P8FOJ4-2 PFA NETWORK VOIP 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 LS Total Pay terms net 30 days Invoice Address: 73,099.60 I& Z:Yr] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDEfAI1S. Tax exemptions. By statute the City of Fort Collins is exempt from more and local taxes. Onr Exemption Number is 98-04502. Federal Excise Do Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Good R jaded. GOODS REIECTED due m failure to meet sparifiallar s, either when shipped or due r, defects of damage in torah, may he muted ro you for credit and are not to be replaced except upon receipt of wdaen instructions from the City of For Collins. Inspection. GOODS art subject ro the City ofFon Collins inspection on anital. Final Acceptance. Receipt of the unalienable, sateor equipment in response to this order can result in amhorimd payment on the pan of the City of Firm Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required im,,ation procedures. Freight Temu. Shipments must be F.O.B., City of For Collins, 700 Wood Sr. Fort Collins, CO 80522. unless otherwise specified on this order. Ifpcmti,oion is given m prepay fight and charge smammly, the original freight bill must accompany invoice. Additional charges for Parking will not be accepted. Shipment Distance. Wham lwnufadurers have distributing points in vouicaus parts of the coOn,, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm gnntmr distance. 11. NONWAIVF.R. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to disks at remedies provided herein or by law, failure to pmmpdy notify the Seller in the event of a breach anionic any, me acceptance of., payment for goods bere ands or approval ofthe design, shall mad release me Sella of any of the wonanties or obligations of this purchase order and shall not be claimed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any puryoru d oral modification or rescission of this purchase order by the Purchaser operate as a splicer of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumhncr recognize that in output economic practice, overcharges resulting form transport violations are in fact Nome by the Purchase. Theretof.te, fur good cause and as com idaztion for executing this purchase order, the Seller hereby nudges to the Purchaser any and all claims it may now have or hereafter acquired under federal or sore amilmst laws for such overcharges slating to the particular good or sous purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifire Purchaser direres the Seller to corner marrom naming of defective good by a doe to be agreed upon by the Purchaser and the Seller, and the Seller diameter indicates its inability or unwillingness its comply, the Purchaser may cause the work to be performed by the most expeditious menus available to it, and the Seller shall pay all cons, associated with such work. Permits. Seller shall Resume at sellers sole cost all necessary permits, certifiwes and licenses required by all applicable laws, minimum. ordinances vad pales of the slate, municipality, territory or political subdivision where the walk is perm mod, ar required by any .,her duly constitmed public authority having jurisdiction over the work of vendor. Seller further agrees to ]told the City of Fart Collins harmless from and against all liability and loss incurred by them by mason of an asserted or established violation of any such lass, regulations, ordhancem, mites and requirements. Authorization. All parties in this compact agree that the representatives are, in fact, boon fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sated herein set foM and any supplementary or additional terms and conditions awexad hereto or darn panted herein by reference. Any additional or i imerenuerms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canna make complete shipment m artist on your promised delivery date as na eel Time is of the essrnm. Delivery oral performance must be eRccted within the time stated on the purchase under and the documents attached hereto. No acts of the Purchasers including, without hmitudan, rempda ce of partial Isle deliveries, shall opamle as a waiver of this provision. In the event orally delay, the Purchaser sit II have, in addition to other legal and equitable maredia, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable f damages as a repair of delays due to causes not miserably foreseeable which ere beyond its reasonable control and without its fault of negligence, such acts of God, ass, ofcial or military authorities, governmental priorities, fires, strikes, Died, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days a[me time when the Sella first received knowledge thereof, In rise event of any such delay, the dam of delivery shall b, extended far the period equal m the time actually lost by reason of Net delay. 3. WARRANTY. The Seller warrants that all good, articles, matelots and work covered by this order will conform with applicable drawings, specifications, samples al other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accaNare, with atteplN &audrda fur work of is similar wore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account or the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer peried of time as may be, prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the good furnished hereunder (acceptance act 0 be unrwsmmbly delayed), resulting from imperfect or defective work done or team rals famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by me breach of any of the foregoing communes or guarantees, but such liability shall in an event include loss ofp wits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes m legal men by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes m the corms, other than IGal terms, including additions to or dclalions fmm the quniilies originally onlered in me spnificmionp or drawings, by verbal or written change order. If any ouch change alleccs the amount due or the time of perfummnce hereunder, an eqmarble adjustment shall be, made. 6. TERMINATIONS. The Purchaser miry at any time by written change order, raminam this agreement a to :my or all portion, of the good then not shipped subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchase shall rot be liable far any clams for anticipated ports on the uncompleted Iranian of the good aallor work, for incidental or consequential damages, and that no such adjustment be made Or favor of me Seller with respect to any goods which are he Senors sanded stork. No such temrinadoa shall relieve the Purchaser or the Seller of any of their obligations to to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be averted within thirty, (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella wamats that all good sold hereunder shall have been produced, said, delivered and faished in stria compliance with all applicable laws cad regulations f which the goods are subject. The Seller shall execute Said deliver such documents as may be required to effect or evidence compliance. All laws and regulations,equiral to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella, agrees m indemnify cord hold the Purchaser harmless from all costs and damages subhead by the Purchapar as a result of rise Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tria q a convey this order, or any monies due or to become due harearder without the prior written consent ofthe other party. 10. TITLE. The Seller warrona full, clear and areamided tide to the Purchaser for all equipment, materials, and items famished in Pa,f..e of this agover mal, free and clear of any and all liens, resmditins, reservations, security interest encumbrances and claims of am. - The Seller skill release the Purchaser and its contractors of any vier from all liability and claims of any nature resmor, from the pinfmmnce ofsuch work. This release shall apply an in the event of fair of negligence of the party releasal and shall extend to the directors, aBicars sad employees ofsuch Rory_ The Sellues contractual obligainns, ins lading warr:mly, shall not be deemed bn be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever rise Sella is required to use any design, device, material or process covered by letter, patent, trademark copyright, the Seller shill indemnify and save hatless the Purchaser from any and all claims fur infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify rise Purchaser for any cost, expense or damage which it may be obliged in pay by reawn of such infringement at any time during the promotion or after the completion ofthe work. In case said equipment or any parr thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the mine with substantially equal but camouflaging equipment err modify it so it becomes wrdnfilnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers rop perty or business, this ender may forthwith be command by the Purchaser without liability. 16. GOVERNING LAW. The defitiuns of terms used or the intcrprecorm of the agreement and the rights of all grades harmark, shall be anstmed under and gmemed by the laws of the Spate w(Calado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hammer, including the services of5ellers R Macao nfichr, on the premises archers. 17. SELLERS RESPONSIBILITY. The Seller &ball cart on said work at Seller's own risk untl the same is fully completed and comptd, and shall, in u of any accident, destruction M injury m the work mai materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase. When materials and equipment are famished by .,has for installation or erection by the Sellea Net Sella shall receive, unload, store and handle more at the site and became responsible therefor as though such materials arNm equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at her own expense, provide for the payment of workers compensation, including armarmiooal disease benrefis, to its employems employed on or in connection with the work covered by this purchase arde, am➢e to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also car, conamodiciew, general liability including, but not limited to. contractual and automobile public liability insurance wins bodily injury end death limits of at least $300,000 for any one person, S500,000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise mequire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employas shall do any work upon the premises of Others, the Sella shall famish the Purchaser with a cenificam that such enmprmation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aser the entire responsibility and liability for any and all damage, loss or injury of any kind or wore whatsoever to persons or property cam ed by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether no perapas or property to which the Purchaser may be par or subject by reason of any oat action, neglect, omission m default on the pan of the Seller, any of his eummaim , o any of the Sellers or compac rs officers, agens, or employais. In ease any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason or my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees M aforesaid, the Sella hereby agrees to assume the defense thereof and to defend me same at the Sellers owns expense, to pay any and all costs, charges, armmeys fees and ether expelsua any and all jWgment, that may be incurred by or oborm t against the Purchase or any of its or Nei, officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained i gainsl the property of the Purchase,, or said parties in or as a result of such sums or other proceedings, the Seller will at once muse the same to the dissolved road discharged by giving bond or otherwise. The Seller Slid his contractors shall tole all safety pmecauliow, furnish and inesall all guard immensity for the prevention of accidents, comply wilt all laws and ungainliness with mgaM to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therein. Revised 07R014