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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9146657PURCHASE ORDER PO Number Page Cityof946657 ,oft Flirt Collins( his number must appear /�-\V`I ` V " 1 1 on all invoices, packing sli s and labels. Date: 11113/2014 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: 11/13/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I GTRI CUCM ASSISTANCE FFP SOW- OPP70155 1 LOT LS PER 7368 PROFESSIONAL NETWORK ENGINEERING & IMPLEMENTATION WO CONTRACT WITH GTRI AND WO #OPP-70155 (ATTACHED). 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.wnn 8,143.20 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. COMMERCIALDEfAIIS. Tax exemptions. By mature be City of Ford Callim is exempt fmm sure and local saxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifima of Registry 84-6400587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stmates 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to father, to seem specificztiou, either when shipped or due m defetts of damage in tmM1 il, may be retumd On you fro credit and are nor m be orphaned except upon rteipl of written inswdions fraud be City of Fort Callirss. Inspection. GOODS ere subject to the City of Fart Callus inspection on arrival. Final Acceptance. Receipt of be memhadise, omit. m equipment in mr min , to his order con ..It in authadaed payment an be pan of be City of Fort Collins. However, it is an be undersmod this, FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Penns. Shipments must be F.O.B., City of Fort Collins, IDO Waal St., Pon Collins, CO 80522, unless otherwise specified on this under. If permission is given to prepay freight and charge separately, be original freight bill must accompany invoice. Additional charges far pvekin, will rot be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans ofthe country, shipment is expected from be nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from greater distame. Permits. Sella shall procure at sellers sole cost all reaessary prnnds, cenifcat. and Reasons oweird by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly conatitand public authority having jurisdiction over the work Of vendor. Seller former agrees 1. hold be City of I. Collins harmless form and against all liability ead loss mcucrcd by them by reason of an wsered or established violation of any such laws, regulations, ordinances. roles and tequimnents. Authorixmion. All panics a this smaraat agree that the representatives are, in fact, boon fide and Possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m be terms and conditions surd herein set forth and any supplementary or additional terms mad conditions annexed hereto or incorporated herein by reference. Any additional or different terms and reani0ons postponed by seller art objected to and hereby jatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you warm make complee shipment Io .,a on your promised delivery date. noted Time is of the essence. Delivery rib pedo. must M effected within the time stated oa be purchase order and Ore documents attached harem. No as of the buchasm including, witlwut limitation, acceptance of penwl lam deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have. in addition to other legal and includable remedies, the option of placing this order elsewhere and holding be Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not nationality foreseeable which are beyond its reasonable central had without its fault of negligence, such no ofGd, acts of civil or military authorities, govemmenul priorities, fires, strikes, Bond epidemics, wars Or riots provided Out n fee of be conditions aiding such delay is given m be purchaser within five (5) days of be time when the Seller first received knowledge therm[ In the event of my such delay, be date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for be purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agras to hold be punchasef harmless firm any loss, damage in expense which the Purchaser may suRn or wear on account of Ore Sellers breach of warranty. The Sella shall replace cepair or make good, without cast to the purchaser, say defects or ferules arising within one (1) year a within such longer period of time w may be prescribed by law or by be terms of any applicable warranty provided by be Seller after the dam of acceptance of fie good famished hereunder (acceptance not to be unreasonably delayer), resulting from imperfect or detective work done or materials famished by the Sella. Acceptance or use of goad by the Purchaser shall not constitute a amod of any claim under this wamenty. Except as otherwise provided in this puarhase omn, be Sellers liability hereunder shall amend to ell damn,. pmximatety sensed by the much of say of the Ontario, warrimun or guaantres, but such liability shall in no event include loss of profits or Ions of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make clang. m legal arras by writers change Out 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be terms, other than legal terms, including additions to or deletions from the gundlif. originally ordered in the specifications or drawings, by verbal or amben change coda. If any such change affect, the amount due or be time nfperranne a hdsenMer, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement se, to any or all portions of the goods ben not shipped, subject to any equitable adjustment between the ponies as to any work or mart then in progress provided bat be Purchasds shall trot be liable for any claims for anticipated profits on The uncompleted Portion of the goods million, war, for wddmul m consequential damage, tad that no such adjutmeat be, made in favor ofthe Seller with r.pat to any goods which a2 be Sellers standard stack. No such termination shall relieve be Purchaser or be Seller ofany of heir obligations as to any good dclivered heeunder. y. CLAIMS FOR ADIUSTMENT. Any claim for adjustment must be asserted within biro (30) days from du date be change or termination u maerat 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with ell applicable laws and mutations to which the goods are subject. The Seller shall execute and deliver such documents as may be required m effect or evidence rompliance. All laws and rcgulmiom required m be incoryouted in agreements of this chamber are hereby iveorymated brein by this reference. The Sella agora to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall sssim, transfer, or money his maker, or any minito due or to become due hereunder without the Prior wrinen cauent ofthe ober party. 10. TITLE. The Sella wi n ow full, clear and umnricted title to the Purchaser for ail aryipmmt, materia s, and harm famished in pdfomr a of This agreement, fire and cl.r of my and all liens, todrictioas, reservations, security, imand encumbrances and claims of others. 11. NONWAIVER. Failure it be Purchaser Io insist upon order pmftw an w of the terms and conditions hereof, failure or delay 10 any rights remdies provided herein or by law, failure to promptly notify the Seller in the event of a breach, m be acceptance ofor payment for goods hadiander or approval ofthe design, shall not release the Sella of any of the waruntin err obligations of this primhau order and shall not be deemed a waiver of any right of the purchaser to insist upon inner performance hermfor any of its rights cr remedies as to any such goods, regmdless of when shipped, received or accepted, a to any prior or substitution default hereunder, trot shall any purported oral modification or rescission of this purchase order by the Purchaser operate se a waiver of my of be terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchaser recognize but in actual economic practice, miscarriages es arriages resulting fmm antitrust violations are in fact home by the Purchaser. Theretofore, forgoodcause and as consideatian for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquiml under federal or state antitrust laws for such overcharges relating to the particular good or services purchased ar isnoted by the Foreheads pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs be Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may as. be work to be parfomrW by the toast expeditious meaty available on it, and be Seller shall pay all costs associated with such work. The Seller shall mleut be Purchaser and its contactors of any tier foam all liability and claims of my nature resulting form the performance ofsuch work. This ml. shall apply even is be event of fault of negligence of the party released and shall extend m the dimcmrs, i fEcm and employees ofsuch path. The Sellers commercial obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or canned to be performed by the Purchucr. 14. PATENTS. Whentis'er be Seller is res,drd to tau any design, device, material or praess coverts by lever, patent, trademark r copyright, the Seller shall indemnify and save harmless be Purchaser fmm any and all claims for infringement by reason of the use of such Trimmed design, device, material or process in connection with the contract, and shall indemnify be Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said aluipmenl, m any pan thereof or be intended use of be goods, is in such suit held to comtitude infringement ad One use of said cameraman or pan is joiner, the Seller shall, at its own expense and at its option, either preaw for the Purchaser the right to continue using said aluipmrnr or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes namnfHnging. IS. INSOLVENCY. If be Seller shall become insolvent or bmhmpt, make an assignment fir be benefit of creditors, appoint a receiver or trustee for any of the Sellers propdsty, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oTom. used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be constmed under and governed by be laws of be Sam ofColomdo, USA. The following Additional Conditions apply only in moss where the Seller in; to perform work hereunder, including be services ofSellm ftepreunutivgs), on the premises ofobers. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until be same ls fully completed and accepted, and shall, in case of my accident, deswcfint ar arm, m the work angst animals before Sellers foal completion and acceptance, complete the work at Sellers own expense and m be substitution of be Purchaser. When comals and expulsions art famished by others for installation or auction by be Sella, the Seller shall receive, udoad start and handle same at be sir and become mpansble therefor u hough such mhmdals anNor tampered, were being fomished by the Sella under be amid. I& INSURANCE. The Seller shall, at hls own expense, provide for the payment of workers compensation, including acupmimal disease benefits, b its employees employed on or in connection with dic work covered by this purchase order, xmi to bar dependents in accordance with be laws of Oro shim in which be work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited m, committed and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of SOOOp0o. The Sella shall likewise squire his contractors, if any, to provide for such compensation and insurance. Before any of the Sella or this contractors employees shall do any work upon be premises of ethers, be Seller shall fumuh the Purchaser with a rerifieate that such compensation and insurance have been provided. Such candidates shall specify the date when such ompensation and insurance have been provided Such certificates shall specify the date when such compenamlon and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until utter be entire work is rwd,Ir d and screptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmperly caused by or resulting from the execution ofthe work provided for in this Purchase omen or in concoction herewith. The Seller will indemnify aM hold hearths be Purchaser mad any r all of be Purchasers alBcon, e,ad. ad employees from and against any and all claims, loss., damages, charges or expenses, whether direct or wditecl, and whether to persons or property an which be Purchua nay he put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his command, or any of the Sellers or conactds officers, ,an. or employees. In eau any suit or other proceedings shall he brought against the Purchaser, or its officers, agars or employees as any time on account err by reason of any act, action, neglect, omission or default of be Sella of my of his compactors or any of its in bcir oRicers, ugena m employees as afiand i4 the Seller hereby agrees to assume be defense thereof and to defend $e same at be Sellers own expense, to pay any and all casts, charges, Romania fees and other expanses, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their afBcers, agents or employees in such suits or other proceedings, anal in case judgment or other lids he placed upon or obtained against the property oftM Pntchaser, or said pantie in or ss a result ofsuch suits or other proceedings, the Seller will at over muse be same m be dissolved and discharged by giving band or ofenvise. The Sella and his contractors shall take all safety, precautions, furnish and ionall all gmrds necessery for be prevention of accident, comply with all laws and regulations with regard to safety including, but without harderion, the Occupational Safety and Heald Act of 1970 and all miss and regulations issued pursuant Inmate, Revised (OnO14