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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9146246PURCHASE ORDER PO Number Page City of PURCHASE 946246 1of2 ' `t Collins/ Vhisnumbermustappear 1 1 on all invoices, packing sli s and labels. Date: 10/27/2014 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: 10/27/2014 Buver: ED BONNETTE Note: PER 7380 NETWORK EQUIPMENT AND SMARTNET SERVICES W/O AGREEMENT WITH GTRI, AND W/O # QUO-97134-RlK1 WO-1 SIGNED 10122/14. Line Description Quantity UOM Unit Price Extended Ordered Price 1 GTRI QUO-97134-R1KWO-1 POLICE WIRELESS REDESIGN 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.mm 1 LOT LS 45,929.95 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 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fiom sate and local Usa. Our Exemption Number is I L NONWAIVER. 984W502. Federal Excise Tax Exemption Certificate of Registry 84fi000589 is regismrtd with the Coilfam, of Failure of the Pumhasa m insist upon suet performance of the terns and cmdi6oa hereof. failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Starutes 1973, Chapter 39-26, 1 W (a). exercise any rights or aromatics provided herein or by law, failure to promptly notify the Sellar in the event of a breach, the i ccepance for Payment for good hereunder or approval ofNe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either whm shipped on due to defects of any of the wmtanlims or obiigotions of this purchase order and shall not be deemed a waiver of my right of the damage in transit, way be rerumed to you for credit and are not to he mplaced except upon receipt of wrimen purehazer to insist upon suet performance heaofor any of its rights or rrmedirs as W any such good, regardless reswdims form the City of Fon Collins. of when shipped, received or accepted, as many prim or subsequrnl default hereunder, am shall any purported mad modification m rescission of Nis purchase order by the Purchaser operate as a waiver of soy of the lamas Inspection. GOODS art subject to the City of Fort Collins inspection m arrival. hereof. Fiwl Acceptance. Receipt of the merchandise, services or tquipmeat in response to this order ran mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authmixed payment on the For of me City of Fort Collins. However, it is m be, understood rhot FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable expired inspection mosedurea. violations are in fact home by the Purchases. Theretoforenfor good raise and as consideration 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 F.O.D., City of Fort Collins, 700 Wood M., Fair Collins, CO 80522, unless acquired under federal or some antitrust 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 or this purchase orde, bill most accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct non conforming or deectwo goods by a date ro be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipmntt are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rles ofthe state, municipality, temmry or political subdivision where the work is panned, or required by any other duly constituted public authority having juriadioion over the work of vendor, Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, mles and ma mo menu. Authorization. All panics to this contract agree Wert the representatives are, in fact, From fide and possess full and omplem authority to bitted said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the .rats and conditions sated herein sal Toed and any supplementary or additional terms and conditions annexed hereto or inampomted herein by reference. Any additional or diftemou it=and conditions proposed by seller art objected to and hereby rejacted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promlud delivery dime as noted. lime is ofthe asxnce. Delivery and performance most be effected within the time stared on the purchase order and the dacuments atucbed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In Ne event of any delay, the Purchaser shall have, in addition to other legal and yithatil, remedies, the option of placing Nis order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes rem reasonably foreseeable which are beyond its reasonable mutual and without its fnall of negligence, such acts of God, acts of civil or military authorities, govermenml mionties, fires sakes flood, epidemics, wan or Hors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost 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 'and/or other descriptions given, will be fit for the purposes intended, and performcl 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 harmless from any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwananty. The Seiler shall replace, 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 warranty provided by the Seller a0er the data of acceptance of the goods f ished hereunder groeptance not to be umeasowbly delayed), resulting from imperfect or defective work lone or materials famished by We Seller. Acceptance or use of good by the Purchaser shall not omberm a waiver ofany claim under this warranty. Except as otherwise provided in his purchase order, the Sellers liability hereunder shall emend to all damages proximately coused by the breach of my of the foregoing warranties or guarantres, but such liability shall in no event include loss ofpmfits or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal toms by wrimen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, order that legal terms, including additions to or deletions from fe quantities originally ordered in the stxdfcalions or drawings, by sexual or wagon change order. If any such change affect the amount due or Ne time ofpsurfoor ance hereunder an apuitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may a1 any time by warren change under, tcaminate his agreement as many or all portions of he goods then not shipped, subject to any equitable adjuom set between the parties az to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the good anNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect m any goods which an the Sellers standard stock. No such mtmination shall relieve Ne Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSI'MENI'. Any claim for adjustment must be assened within baby (30) days from the data the change in mmtinmim is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold heremder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorymomd in agreement of this character are hereby enum,mued herein by this reliance. The Seller agrees to indemnify, and hold to Purchaser harmless firm all east and damages suffered by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trdmfer, or convey this order, o my mown due or to become due hereunder without the prior wremen ransom of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title of he Purchaser for all equipment, mammals, and items furnishad in perfrmume of his agreement, free and clear of any and all leers, ostricdons, nesmalims, securiry inlnaf encumbrance and claims of.Ncrs. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall only even in Ne event of fault of negligence of the pan, released and shall extend to the directors, officers and employees ofsuch party. The Sellers communal obligations, including warranty, shall not ha deemed to be reduced, in any way, because such work is performed or caused as be, performed by the Purchaser. 14. PATIENTS. Whenever the Seller is required to use any design, device, material or prmess covered by lever, parent, trademark or copyright, he Seller shall indemnify and save hmmlas the Purchaser Gam any and all claims for afrengemem by ression of the use of such patented Jahn. device, mmerial or process in connection with the contract, and shall indemnify the purchaser far any cast axpeme or damage which it may be, obliged to pay by reason of such infringement at any time during the proxculion or ado the completion of the work. In case said dluipment, or any pan thereof or the intended use of dv goods, is in such suit held to constitute infringement and the use of said equipment or pot is enjoined, the Seller shall, at its own expense and at its nplon, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGmnging equipment, or modify, it so it becomes noninfringing. 15, MSOLVENCY. If the Seller shall become 1.11mt or baNerupt, make an assignment for the benefil of creditors, appoint a receiver or uustee for any of the Sellers property or business, this order may forthwith be can¢lad by Ne Purchaser without liability. 16. GOVERNING LAW. The defininotts of teens used or the interpretation of the agnemcnt and the rights of all parties hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA, The following Additional Conditions apply only in where the Seller is to perform work immora q including the services of Sellers Repregarm ive(s), on thecases premises of olbem, 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shell, or x of any accident, dantrium. in injury to she work andfr .,cook begin, Seller's final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When materials and equipmmr are banished by others for installation or erection by the Seller, the Seller shill receive, rod ad, store and handle same at he site and become responsible therefor ea though such mmerials andlm equipment were being famished by he Seller under the order. 18, INSURANCE. The Seller shall, at Its own expense, provide for the mymear of workm compensation, including occupatiorul disuse benefits, to its employees employed on or in connection with the work mvererl by this purchase order, andlor to their dependent in accordame with do, laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but neat limited to. comeactml and automobile public liability insurance with bodily injury and death limits of at least 5300.O00 for any one Person, 5500.000 for any one cadent and property damage limit per accident of S40LD00. The Seller shall likewise rapture his commegra, if any, m provide for such compensation and intrusive. Before any of the Sellers or his contractors employees shall do any work upon he premises of others, the Seller shall famish he Purchaser with a cenificam Suit such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such caf ificami shill specify he date when such compensation and insurance expires. The Seller agrees that such complication and insurance shall be mainaimal avail after the moire work is completed sad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and limil by for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting film the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaseand any r all of the Purchasers oRcars, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or ins iract, and whether to persons or property to which the Purchaser may be put or subject by reasov of any act, action, neglect, omission or default on Ne pan of Ne Seller, any of his contractors, or any of me Sellers or contractors officers, agents or employes. In case any suit or other proceedings shall he brought against me Purchaser, or its officers, agents or employees at any time on account or by reason of my et, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agent or employees as aforesaid, the Seller hereby agrees to assume he defense hereof and to defend the same of the Sellers own expatriate, to Pay any cad all casts, charger, attmmeys ices and other excenses any mM all jndgmmt that may be imunal by or obtained against the Purehaxr or any of its or Neer officers, agents or employers in such suits or other proceedings, and in case judgment or other lam be, placed upon or obtained against Ne property ofthe Purchaser, or said ponies in or as a result ofsuch suits or order pmccedings, de ScllVr will at are cause the same, to be, dissolved and discharged by giving bond or oNenwise. T1te Seller and his conlmctors shall take all aarety precaution, famish and immll all guards nceesury for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the OceuWtional Safety and Hrdlth Act of 1920 end all rules and regulations issued pursuant tlrcmo. Revised O7n014