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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9146779of FOCity. Collins Date: 11/20/2014 a�13�3LF'i410 ' q Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 300 DENVER CO 80209 PO Number Page 9146779 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 11/20/2014 Buver: ED BONNETTE Note: PER 7380 NETWORK EQUIPMENT 8 SMARTNET SERVICES WO AGREEMENT WITH GTRI AND WORK ORDER QUO-97890-G9KOQ9-1, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price i GTRI QUO-97890-G9KQ9-1 RIGDEN RESERVOIR 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 Emaf:purchasing@fcgov.com 1 LOT LS 12,257.80 IF-111 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax campuses. By statute the City of Fort Collins is exempt from state arm local taxes. Our Exemption NumM is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stara 1973, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to der is of damage in transit, may be exmned to you for credit and are not to be replaced except upon meipl of worn instructions from the City effort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Raeipt of the merchandise, services or equipment m response to this order can result in iuthoriacd payment but the part of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otheewix specified on this order. If permission is given to prepay freight and charge separately, the ongind freight bill maul accompany invoia. Additional charges for packing will not be aceptW. Shipment Distance. Where manufacturers have rintrimbilt points in viurnow pans of the ceumry. Mumar m is expected from the nearest distribution paint m destination, and excess freight will be deducted from Invoice when shipments are made from gC ar,, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ecrtificate, end lirema required by all applicable laws, regulatiorts, odimnces and roles of the sate, municipality, labor, or political sula hision where We work is performed, or rryatired by any other, duly constituted public authority having jurisdiction over be work of vmd., Seller farther agrees to hold the City of Fart Collins ham less form and against all liability and lass hicurroval by them by reason of an maned or established violation of any such laws, regulations, ordinance, roles and mluirements. Authomadurn. All parties to this contmet agree Chat the representativa are, in fact, born fide and possess full and complete authority to bind said ponies. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated herein set forth and any supplementary or additional tams and conditions named hem. or Incoryobted herein by reference. Any additional or different terms and conditions propwed by seller are objected to and hereby rejata. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try. cannot make camplae shipment to arrive on your promised delivery date as noted Time is cribs essence. Delivery and performance must be effected within the time stated on the purchase oNer and the documents attached hereto. No acts of the Purchamrs including, without Limitation, acceptance of pmml late deliveries, shall meme to a waiver ofthis provision. In be event of any delay, be Purchaser shall have, in addition to other legal and cumbble remedies, the option of placing his order elxmhere and holding the Seller liable far damages,. Harvest , We Seller shall Out Ire liable for damages as a rem, of delays due to causes not reasonably foreseeable which an beyond its reasonable mrdml and without its fault of negligence, such acts of Gad. ants of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or hots provided that notice of We conditions causing such delay is given an the Pushover within five (5) days of the rime when We Seller Bur received krmwledge therm(. In the evens of any such dray, the date of delivery shall be extended for the period equal to be time actually tort by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples =&an other descriptions given, will be fit for We purposes intended, and performs with the highest degree of care and competence in meoN ere, with Cocepsm standard for work of a similar mare. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur an account Of the Sellers breach of wmanty. The Seller shall replace, repair or make good, without scar to the purchaser, any defects or Mulls arising within one (1) year or within such longer period of time as may be peas fit a by law or by the terms army applicable warranty provides by the Seller after be bate of acceptance of the good fomisba hereunder (acceplmce nowt to de unreasonably delays), resulting from imperfect or defective wok done or materials f CwhJM1 by be Seller. Acceptance or use of goods by be Purchaser shall not onstire a waiver of any claim under this warrrry. Except as otherwise provided in this machine order, the Seller liability hereunder shall extend,, all damages proximately caused by the breach of any of the foregoing wanaraies or goammeca, 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 SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wruen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purmsser may wake any changes to the owrnw, offer than legal corms, including addluana to or deletions from We quantities originally ordered in We specifications or drawings, by verbal or "rim change oNer. If my such change affects We amount due or the lime ofperforonce hate rmar, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change meet, terminate this agreement u to my or all portions of the goods then not shipped, subject to any centime wjusment between the Panic a to my work an materials then in progress provided Chat the Pachasa shall not Ise liable for my claims for anticipated prefnts on the uncompleted portion of the goods ardor work, for incidental Or consequential damages, and that no such adjustment be made in favor or Om Seller with spat to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any oftheir obligations or to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment most be asseda within thirty (30) do,,; from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wartanb bar all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations Ca which be goad are subject. The Sella shall "ande and deliver such documents as may be raptured or, effect or evidence.mplimce. All laws and regulations raptured as be nc r"anned in agreements of this character are hereby inumpomed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffers by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, lmufeq or convey this order, or my monies due in to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wareants full, clear and uniestricud tide to fl a Purchaser fur all equipment, matmaB, and items famished in performance of this agreeemenl, fro and clear of any and all lie., remicuons, reservauoru, -tensity interest eocumbrences and claims of others. I L NONWAIVER. Failure of the purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay m exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Ora breach, e he acceptanes of or payment for goods hereunder or approval of lire design, shall net release the Seller of any of the wa rsones or obligations of this ponchos, order and shall not he deemed a waiver of any right of the purchaser to insist upon strict perforamx hereofor any of its rights Or remain as to any such good, regardless of whom shipped, received or accepted, an to any prior or subsequent default hereunder, me shall any pwponN oral modification or rescission of this punches, order by We Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recugnive that in actual aoromic practice, overcharge restating from antitrust violations are in fact bone by the Purehaser. Theretofore, for good mess and as considemuon for executing Was purchase order, We Seller hereby assignors to the Purchases any and all claims it tray now have or hereafter acquired under federal or state antitmn laws for such overcharges relating 1m the particular goods or services purchased or enquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Sella distan a indicates its inability or unwillingness to comply, the Purchaser 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. The Seller shall .].a the purchaxr and its contractors of any net firm all liability and claims of my mture resulting floor the perf once of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend ten the directors, officers and employees of such Funny. The Seller's contractual obligations, including warranty, shall rim be droned to be Caused, in any way, because such work is performed or caused 10 be performs by the Purchaser. 14. PATENTS. Whenever the Seller is norm ed to use any design, device, material or process covered by later, patent, trademark r mp3'riehL the Seller shall indemNry end sect, bads, the Purchaser firm my and all claims for inf nigmand by rwxa of the use of such petenra design, device, material car ptatss in ..nation with the combat, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution ev after the completion of the work. In case said equipment, or any pan thereof or be intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its owu experue and at its option, either pmmrt for be Pmchava the right 10 continue using said equipment or part, replace be same with s flumboolly egml but mninGnging equipment, or modify it. it becomes noninfnngiog. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assigrunent for the benefit of creditors, appoint a receiver or nude, far my of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and We rights of all parties hereunder shall be construed under and .it by the laws efthe State of Colorado, USA. The following Additional CaMitions apply Only in eases where the Seller is to perform wok hereuder, including the services of Sellers Ruprexnmtive(s), ..be .is. ofothat. 12. SELLERS RESPONSIBILITY. The Seller shall arty on said wok at helices own risk until the same is fully completed end accepted, and shall, in cue of my accidenh destrvcuon or injury to the wok mdaor materials before Sellers final completion and acceptance, Complete the work at Sellers own expense and to the satisfaction of the Purchaser. When momah and aluipment are f ished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andur equipment were being frmishs by be Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andbr to their dependents in accordance with be mess of the sure in which the work is to be done. The Seller shall arm carry mmprelrcnsivc general liability including. but but limited to, contrrxtwd and automobile public liability insurance with bodily injury and death limits of m least S300,000 for my one person, S500,000 for my one accident and property damage limit per accident of Shintoist . The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of other, the Seller shall fumiah the Purchaser with a caoficale Chat such compensation and insurance have been provided. Such catificares shall specify the date when such ompnuation and Imumnee have been provided. Such certificates shall specify compensation date when such comperion sad imumnce expires. The Sean agree tat such comperssation and insurance shall be maintained wail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby common We entire responsibility and liability for my and all damage, Was or injury army kind or nature munscever to persons or properry roused by or resulting from the execution of the wok provided for in this purchase oNer or in saturation frui . The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers offices, agents and employees fmm and against any and all claims, lone, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his .nassio s, or tiny of the Sellers or contractors officers, agents or employees. In ease my suit or office proceedings shall be brought against the Purchaser, or its officers, agents or employers at my same an ac.unt in by reason of my act, action, neglect. omission or default of the Seller of my of his contractors or my of its cr their officers, agents or employees as aforesaid, We Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, tiny and all judgments that may be incurred by or obtained against the Pin chair or my of its or their officers, agents or employees in such suits or other pmcans ings, and in cox judgment cur other lien be placed upon or obtained against We property of the Purchaser. or and parties in or Co a result of such suits or other premiership, the Seller will at once wax the same to be dissolve and dise"ad by giving bond or otherwise. The Sella and his contimclons shall Coke all safety precautions, fumish and install all sounds necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limilatim, Che Occupational Safety and Health Act of 1970 and all miss and remotions issued pursuant damem. Revixd 02R014