HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9146519PO
PURCHASE ORDER 914651er Page
City of PURCHASE
6519 t of 2
F/' rt Collins( his number must appear
/�„!I\V`I ` �I 1 ' on all invoices, packing
sli s and labels.
Date: 11/06/2014
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: 11/05/2014 Buyer: ED BONNETTE
Note: PER QUOTE #QUO-98257-X7T1Z8-0 DATED 10/31/14 FROM MATT LEDERLE
TO KATHY HENGGELER. IPSESSION DEVICE LICENSES AND ONE YEAR OF
SOFTWARE MAINTENANCE. AND PER 7380 NETWORK EQUIPMENT & SMARTNET
SERVICES WO AGREEMENT WITH GTRI.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 GTRI QUO-98257-X7T1Z8-0
ENTERPRISE SECURITY LICENSES
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
5,936.91
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
urchase Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. Hy steam the City of Fon Collins m exempt from unusual local vexes. Our Exemption Number is
98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, add, when shipped or due to defects of
damage in limited, may be reamed to you for credit and ere not to be replaced except upon receipt of action
instructions from the City of For, Collins.
Inspection GOODS are subject to the City effort Collin inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
Confirmed payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL
ACCEPTANCE N dependent upon mmpletion of all applicable rryuired inspection procedures.
Freight Tenn. Shipments most be F.O.B., City of Fort Collins, 900 Wood St. Fon Collins, CO 80522, unless
otherwise specified on this order. If permission is given a prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where marommormers have distributing points in currents pans of the country, shipment is
expected forum the ancesr distribution point 1. destirutme, and excess freight will be deducted fmm Invoice when
shipments are made fmm greater disosnce.
Pnmia. Seller shall procure at sellers sale vest all nccessary pemaits, Certificate and licensor required by all
applicable laws, ranntiots, ordinance and roles of the sure. municipality, temtory or political subdivision where
the work is performed, or Cement by any .,he, duly constituted public authority havingjurisdiction ova the work
of vendor. Seller further agrees to hold the City of For Collins harmless to.m and against all liability and loss
incurred by them by reason of an msmed or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All panics to this Contract agree that the representatives are, a fact, trump tide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Other expressly limits acccpmnce to the item and wMitions posted
herein set tomb and my supplementary or additional menu and conditions amexed hereto or mompom ed herein by
reference. Any additional or different corms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you oumet make complete shipment to once on your
removed delivery date as noted. Time is of the essmrt. Delivery and performance matt be cffectd within the time
stated on the Furth no order and the documents, stached hereto. No acts of the Purchasers including, without
formation, acceptance of parted late deliveries, shall operate as a waiver ofthis provision. In the event story delay,
,he Producer shall have, in addition a the, legal and equitable vandies, the option of placing this other elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages IN a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Carl, new of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, were or
riots provided that entire of the Conditions coming such delay is given to the Pumhasa within five (5) days of the
rime whom the Sella Bra receivd knowledge thereof In the event of my such delay, the dam of delivery shall be
extended for the peril all to the time actually lost by reason oftbe delay.
3. WARRANTY.
The Seller warrants that all goads, motion, 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
pedomad 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 purchaser bond. from any loss, damage m expense which gae
Purchaser may imports, recur can accourd of the Senors broach .17.1y. The Serer shall applies, repair or make
good, without cast to the purchaser, my defects or forms arising within one (1) year or within such longer perieci of
time as may be prescribed by law or by the toms of my applicable warrmty provided by the Seller after the date of
acceptance of the goods famished hereunder F.M. nut a For, ...ably delayed), uniting from imprrf t
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not
onstne a waiver ofany claim under this wanrouny. Except as otherwise provided in this pumbase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrants
or guarantees, but such liability shall in no event include loss ofpafirs or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make flanges to legal Tema by writer change major.
5. CHANGES IN COMMERCIAL TERMS.
The Pur chasran may make any chges a the temps, miner than legal terms, including "means or deletions from
the qm u,itics miginally ordered in the sprcifications or drawings, by verbal or written change order. If any such
change affects the amount due or the,ime of performance hereunder, an equitable djmtmrnt seal be made.
6. TERMINATIONS.
The Prwhasor may a, may time by ratio change ruNa, taminane this agreement as in any or all ponim, of the
goods then not shipped, subject to any equitable adjustment between the Forks as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anumpaad pmfts on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect to any good which art the Sellers stradaaj stock. No such lamination shall relieve
,he Purchaser we the Seller army of their obligations as to any goads delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim far adjm,mmt mast the nssMd within tarty, (30) days from the date the change err morninanien is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and finished in strict
Compliance with all applicable laws and regulatmin a which the goods are subject. The Sella shall execute and
deliver such documents as may be required a effect or evidence compliance. All laws and regulations required to be
incorporated in agrtemmt, of this Chimaera are hereby imwor rounded herein by this reference. The Seller agrees in
monetary and held the Purchaser harmless from all vests and damages sufiesed by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tratsfea or convey this order, or any monies due or to become due hereunder without the
prior miner consent .fine other pray.
10. TITLE
The Seller wmmnts full, thar until unrestrlctd dde 1. de Purchases for a1 eximpment, malands, said it. Toroidal
in performance of this agreement, f and Clem of my and all than, restrictions, nesenatiom, security interal
memnbmnces and claims of others.
I L NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise my rights or remedies provided haem or by law, failure to promptly notify the Seller in the event of
breach, the acceptance ofor payment for goods hereunder or approval ofgae design, shall not relevee the Seller of
any of the warmvtu s or obligations of this purchase oaja and shall not be domed is waiver of any right of die
purchaser to insist upon strict Perfomamm het fifer my of its rights or remedies .,a my such goods, regardless
of wham shipped, received or accepted, as a any prior or subsequent default heremder, nor shall my pumoned
oral modification or rescission of this purchase order by the Purchases operate as a waiver of my of the terms
server.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchases recognise that in actual mommic function, everchical resulting from antitrust
, mlanow; are in fact home by the Purchaser. Theretofore, far good.rue and as mmideretioa for exempting this
purchase codes, the Sella hereby assigns a the Purchaser my and all claims it may now have o, hereafter
Natuiral under fMernl or state mount laws far such avncharges.]arm, to the particular goods of services
pmchmed ar acquired by the Purchaser pursumt to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser brans the Sella to correct nonconforming a defective goods by a date to be agreed upon by the
Pmcbuer add the Sella, and the Scher therefor indicates IN inability a unwillingness to comply, the Purchaser
may cause the work to be performed by dre most expeditious meals available to it, said due Sella shall pay all
coons associated with such work.
The Seller shall release the Purcharer and its c.ntmmers of any tier firm all liability and claims of any annue
resulting from the performance .(..no work.
This relmse shall apply even in the event of fault of negligence of the pray released and shall extend to the
directors, officers and employees ofsuch party.
The Sellers temporal oblgations, including ev rrmy, shall rat be deemed to be redmed, in my way, became
such work is paramount or canted to be pert edby the Purchases.
14. PATENTS.
Whenever the Seller is inquired to use any design, device, materials process covered by long patent, trademark
r copyright, the Seller shall indemnify and save hamaless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shill indemnify the Purchaser for any cast, expense or damage which it any be ablTed a mY by reason of such
Infn'ngemmt at any time during the prosecution or after fie Completion of the work. In Case said equipment, or
any pan deem( or the intended on, of the goods, is on such suit held to Constitute Infringement and the one of
said equipment m pan is enjoined, the Sella shall, at its ouar C.,. and an irs optima, either procure for the
purchaser the right to continue ming said equipment or pans, replace the same Nub substantially canal be,
noninaringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent o, Nandi make m assigpare nt for the benefit of creditors, appoint a
rivervin or pardee f my of the Sellers pmpary or business, this order may forthwith be Canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definidors of terms used or the interpretation of the agreement and the rights of all panics hereundes shall be
c rnstmed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cores where the Sella is to perform work Freetown,
including the services ofSellcrs ftryreunostivHs), on the premises of imers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until the same u Polly completed and nccepted, and shall,
in case of any accident, destruction m injury to the work and/or materials before Sidlefs final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Puchrom. When materials
and equipment are f Ished by others for installation or erection by the Seller, the Sella shall receive, unload,
same and handle same at the site and become responsible therefor as though such materials andror equipment
were being furnished by the Sella under the order.
HLINSURANCE.
The Seller shall, is his own expeme, provide for the payment of workers comprnmtion, inde ding.ccupatimal
disease benefits, to its employees employed on or in connection with the work Covered by this purchase order,
mdur to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also wry comprehensive general liability including, but non limited m, contrnclml and automobile public
liability imumnce with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any
mnaccident and property damage limit per accident of S400,000. The Sella shall likewise acquire his
hacnors, if any, to provide for such Compensation and insurance. Hefam my of the Sellers or has Continuum
employees shall do my work upon the premise, of othrrs, the Sella shall famish the Purchaser with a cmificate
Nat such Competsation and insurance have been provided. Such certifmna shall specify the date when such
compensation and insurance have ban provided. Such certificates shall specify the date what such compensation
and insurance expires. The Sella agrees that such compensation and announce shall be maintained until after the
entire work is completed and ac,,,td.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby section the entire responsibility and liabilityfm any and all damage, loss or injury army kind
r mama whatsoever to permits or property, camel by or resulting from the execution oftbe work provided fen in
this purchase ardor or in connection herewith. The Sella will indemnify and bold hmmless the Puchasor and any
or all of the Purchasers ml eers, .gems and emplay. from and against any and all claims, lulus, damages,
charges or expenses, whether direct or induct, and whether to pessots or property to which the Purchaser may
be put or subject by arson of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall he brought against the Purchrs , or its oh nam..gems or employers at my time on account o,
by prawn of any act action, neglect, .mission or default of the Sena of my of his mnlmctors or any of its on
their officers, agents In employers as aforesaid the Sella hereby agrees to assume the defame thorny and to
defend the same at the Sellers nun expense, an pay any and all costs, charges, ammeys fees and other expenses,
any send all judgments that may be incurred by or obtained against gac Puchaor or any of its m their officers,
agents or employees in such suits or other proceedings, and in Case judgment or again him be placed upon or
obtained against the property of the Purchaser, or said Fruits in or in a result of arch suits or other pmcccdings,
the Seller will at once cause the same to me dissolved and discharged by giving bond or othetwNe. The Seller and
his contractors shall take all safety instrument, ftunish and install all gumds necessary for the prevention of
accidents, comply will, all lams and regulations with regard in safety includin& but without limiostion, the
Occupational Safety and Health An of 1970 and all miss and negotiations issued ptmumt thereon.
Revised 07R014