HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9145438Fort Collins
Date: 09/19/2014
PURCHASE ORDER
Vendor: 309435
GLOBAL TECHNOLOGY RESOURCES INC
990 S. BROADWAY, SUITE 300
DENVER CO 80209
PO Number Page
9145438 1012
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: 09/18/2014 Buyer: ED BONNETTE
Note: PER 7368 PROFESSIONAL NETWORK ENGINEERING & IMPLEMENTATION
CONTRACT AWARD TO GTRI AND SIGNED WO #OPP-68931.
Line Description Quantity UOM Unit Price Extended
Ordered Pricc
i CISCO FIRMWARE UPDATE SOW
CORE NEXUS IDS UPGRADE
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
9,662.70
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Ill
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By smote the City of Tom Collins is exempt from slate and local rases. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
I L NON WAIVER.
Failure of the Penchi to insist upon strict performance of the terms and conditions heeof, failure or delay to
Internal Revenue, Denver, Caloredo (Ref. Colorado Revised Satut. 1973, Chapter 39-26.114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sever in the event of a
breach, the acceymme of or payment for goads hereunder err approval ofthe design, shall Out release the Sella of
Goad R jected. GOODS REJECTED due to failure to iced specifications, either when shipped or due to defects of
any of the waysntixs or obligator of this purchase order and shall not he deemed is waiver of any right of the
damage in transit, may be retumal to you for credit and arc not in be replaced except upon receipt of written
purchaser to insist upon Sind performance haeofor any of its rights or emedies as to any such goad, regardless
instructions from the City of Fort Collins.
of when shipped, received of accepted, as to any prior or subsequent default hereunler, nor shall any porpormal
oral modification or rescission of this purchae Order by the Purchaser operate as a waiver of any of the terms
Inspection- GOODS are subject a Ne City of Fort Collins inspection on critical.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipmrnt in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authmrimd payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL
Sella and the Purchaser recognize that in actual cono is practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations ate in fact home by the Purchaser. Theretofore, for good cause and as Immoderation for executing this
purchase order, the Scller hereby assigns to the Purchaser my and all claims it may now have or hummer
Freight Terms. Shipments must be F.OL., City of Fort Collins. 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state mumort laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this pachuse ord,
hill must nacmmiranv invnice. Additional chances for mckine will am he accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the ar, ary, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Sella dull procure at sellers sole and all necessary manits, ttnificates and licenses required by all
applicable laws, regulations, ordinances end roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly contlmted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hmmless fmm and against all liability and loss
icamred by them by reaon of an asserted or established violation of my such laws, regulation, oc franca, roles
and requirements.
Authorization. All ponies to this andu d agree that the representatives are, in fact, bona ride and possess full and
complicate authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions Sunni bereto or incorporated herein by
reference. Any additional or diferem terms and conditions proposal by seller arc objected to and hereby rejected
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if your cannot make complete shipment to arrive on your
,munised delivery date as noted. Time is of the essence. Delivery and performance mast be efected within the time
slated on the purchase order and the documents attached hereto. NO acts of the Purchasers including, without
limitation, aceptance Of partial late deliveries, shall operate as a waive, of this provision. In the event of any delay,
the Purchaser shall lave, in addition to other legal and equitable rtmdi., the option of placing this order elsewhere
ud holding the Seller liable fen damages. However, the Sella shall not he liable far damages as a result of delays
due to causes not reasonably foreseeable which are beyond its newonable contort and without its fault of negligence,
such acts Of God, acts of civil or military authorities, governmental priorilies, fifes, strikes, flood, epidemics, wars or
nos provided that notice of the conditions causing such delay is given to the Purchases within live (5) days of the
time when the Sella first received knowdalge drereof. In the event of my such delay, the date of delivery shall he
extended for Nc period equal to the time actually last by rearm of the delay.
3. WARRANTY.
The Seller werrwts that all good, wrides, mmenals and work covered by this order will conform with applicable
dowap, 5rairiemion, samples sm or other dmompriom given, will he fit for the purposes intended, and
Fathomed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser haaness from any loss, damage or expense which the
Purchaser may sufa or Incur on arach, of the Sellers breach of warmnry. The Seller shall replace, repair or make
goad, without cost to the purchaser, any defetts or faults nursing within one (1) year or within such longer period of
time as may he prescribed by law or by the from, of my applicable warremy presided by the Seller after thc date of
acceptance of the good famished hereunder (acceptance net to he unreasonably delayed), resulting from imperf t
or defective work done or materials finarmuslual by the Seller. Accentuate or we of goods by the Purchaser shall not
uctiutm a waiver of my claim under Nis warrnty. Except. otherwise provided in Nis purchase order, Ne Sellers
liability hereunder shall extend to all cautious pmximtcly caused by the breach of my of the foregoing werarom
or guarantees, but such liability shall in no event include loss of Profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI FALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make clangs to Icgal terms by wriven change order.
5. CHANGES IN COMMERCIAL TERMS.
Tee Purchaser troy make any changes to the terms, ime, than legal tams, including addition to or deletions fmm
the .'i.- migiwlly —drord te the specircaGom or drawings, by ear al or women change under. If any such
change officers the amount due or the time of mbarmance hereunder, an equitable adjuttme it shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wrinen change order, worrivte this agreement as to any or all portions of the
gmd then riot shipped, subject to any equitable adjecromm, bawem the parries as to any wOrk or materials then in
progress provided that the Purchaser shall not be liable for any claims for mticip ted profits on the uncompleted
portion of the goods Sort work, for incidental or consequential damages, and Char no such adjustment be made in
favor of the Seller with respect to my good which art the Sellers standard stock. No such wrmFuamin shall relieve
the purchaser or the Sella of., of their obligation as to my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjusment must he asserted within thirty (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Nat all gas sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver Such documents as may be, required to effect or evidence compliance. All laws and regulation required to be
incor manual in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all tours and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pmy shall assign, ranter, or ..cry Nis order or my monics, due or to become due hereunder without the
prior wdtrn consent afthe other pray.
10. TITLE.
The Sella warn is fu1L clear and um.lricted title to the Purchaer for all equiptmnt materials, and in. fumishW
to performanceof this agreement, flee ann, d clear of my and all liemumaions, reservations, security interest
encumbrans and claims ofmhers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to coned noneonforming or defective goods by a date to be agreed upon by the
Purchasm:md the Seller, and the Seller thera flex indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious mews 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 [in- from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply e'en in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsurh party.
The Seller's contractual obligations, including wanmty, shall not be deemed to be rduced, in any way, becavu
such work is performed or caused to be perfomred by flee Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reaon of the use of such promated design, device, material or process in mmeectio r with the contract, wed
Shall indemnify the purebasn for on, cost, expose or damage which it may be obliged to pay by ream. of such
infringement at any time during the prosecution or after the completion of the work. In cons, said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pm is enjoined, Ne Seller shall, at its own expense and at its option, either procure for the
P mellower the right to continue using said equipment or parts, replace the same with subsiondially equal but
noninGunging equipment, or modify it so it becomes nordaftinging.
15. INSOLVENCY.
If the Seller shill become musical or bankrupt, make No assignment far the hearth of coNiars, at, grout e
recurea an mom for any of the Sellers property or business, Nis order may foMwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition aftetms used or Nc interpretation offhe agreement aad the rights of all panic, hereunder shall be
mowed wda and govemal by the laws of the State ofColomda, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services ofSellets Represenatim(s), on the promises ofothcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work of Sellers own risk mail the same is fully completed and accepted, and shall,
in e of any scalar. destruction or injury to the work Shamir materials before Sellers final completion snit
cceptamc, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When contains
and equipmmr are famished by others far installation or erection by the Sella, the Seller shall exciter, uduad,
store and hurdle same at the site and become responsible therefor as though such materials aad/Or equipment
were being famished by the Seller under the mode.
18. INSURANCE.
The Sella shall, at his awn expense, provide for Ne payment of workers compensation- including occupation)
disease Fmclits, to its employees employed on or in ram etion with the work covered by this purchase order,
am Vor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, mnnaaual and automobile public
liability insurance with bodily injury and death limits of at Fast 5300,00J for any oro person, 5500,000 for my
one accident and property damage limit per accident of S40B000. The Seller shall likewise require his
mtacton. if any, to provide for such compensation and insurance. Before any of the Sellers Or his contactors
employees shall der any work upon the premises of others, the Seller shall famish the Purchaser with a cerEticam
that such compensation and insurance have been provided Such ar ificates shall specify the date when such
ompen-mtion and assurance have been provided. Such certificates shall specify the date when such camparwastion
and insurance expires. The Seller ogre. Nat such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby swume, the more responsibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persons 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 hold Families the Purchaser cad my
r all of the Purchases Officers, agents and employees fmm end against my and all claims, loss., damages,
charges of expenses, whethe, direct car indirect, cad wbetha to persma or propmy to which the purchaser may
he put or subject by reason of any act, action, neglect, omission an default on Nc Wa of the Sella, any of his
contractors or my of the Sellers or contractors officers, agents or employees. In case any suit or other
procealings shall he brought against the Punhasep or its officers, agents or employees at any time on account or
by reason of any rot action, neglect omission or default of the Sella of my of his contractors or my of its of
their officer, agents or employees or aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at do Sellers mwm expense, to pay my and all costs, charge. anomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their often,
agents or employees in such suits or other proceedings, and in cause judgment or other lien be placed upon or
Obtained against the pmpeny of the Purchaser, or Said parries, in or as a result ofsuch suits or other proeachri s,
the Seller will at once come the same to he dissolved and discharged by giving bond Or otherwise. The Sella and
his contractors shall take all Safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to sandy including, but without limitation, Ne
Occupational Safety and Health Act of 1970 and all rules and regulator issued pursuant thereto.
Revised 02l2014