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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9147009Fort Collins Date: 12/01/2014 PURCHASE ORDER Vendor: 309435 GLOBAL TECHNOLOGY RESOURCES INC 990 S. BROADWAY, SUITE 300 DENVER CO 80209 PO Number Page 9147009 1of2 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: 12/01/2014 Buver: ED BONNETTE Note: PER 7380 NETWORK EQUIPMENT & SMARTNET SERVICES WO CONTRACT WITH GTRI AND SIGNED WO QUO-98981-X9Y2J0-0, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price I GTRI QUO-98981-X9Y2J0-0 RESTORATIVE JUSTICE 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 5,651.91 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 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colom to (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Repotted. GOODS REJECTED due to failure as meet mecifsrations, either when shipped or due to defects of damage in mail, may her rammed to you fur credit and ate not to hat replaced except upon receipt of Ono en instructions firm the City afFan Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of de merchandise, services or equipment in response an Nis aNer can result m amlmriznd paymcat on the pan of the City of Foa Collins. However, it is to be mdcrstood that FINAL ACCEPTANCE isdependentupon compleionofall applicableteyuir l inspection procedures. Freight Teats. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay, freight and charge separately, the original freight bill must arwmpany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various From of the country, shipment is expected from the nearest distribution paint to carnation, and excess freight will he deducldi from Invoice when shipments are made from grand distance. 11. NONWAIVER. Failure ofthe Purchase, t. insist upon strict performance of the lemas and mndumns hereof, failure or delay In exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a brmchthe aceepomce of., Payment for good hereunder or approval offs design, shall trot release the Seler of any of the warmntim or obligations of this purchase order and shall not be deemed a waiver of any right of doe purchaser t. insist upon strict parrotmaa, licark rany of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to very prior or subsequent default hereunder, nor shall any putp.rted are modlfcallon or rescission of this purchase order by the Purchaser operate we a waiver of any of the tews hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purthue, recognize that in matt ecmm is practice, overcharges resultng from .,,.I violations are in fact home by the Purchaser. "induction, foor good cause and a consideration fur exeduting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter acquired trader federal or state antitrust laws for such overcharges relating to the patentor good or services purchased or acquired by the Purchaser pursuant to this purchase Order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs ce Seller or correct nonconforming or defective goods by a date m be agreed upon by the Purchaer and the Seller, and the Seller thoreafter indicates its inability or unwillingfix. a comply, the Purchaser may rouse the work to be performed by the most expeditions mourns available to it, and the Seller shall pay all costs sweated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificma and licenn required by all applicable laws, regulations, ordinances and roles of the state, municipality, mmjt., or polltlwl subdivision where the work is Ecoomind, or requited by any other duly constituted public authority havingjurisdiction over the work of vendor. Seller fuller agrees t. hold the City of Fort Callus ha miss from and against all liability and loss iovnN by them by reason oran warned or established violation of any such lass, regulmon , ordinances, rules and rryuitements. Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the It. and conditions stated herein set forth and any supplementary or additional temp and conditions annexed hereto or incorporated herein by reference. Any additional or diffident mass wad conditions proposed by sell. art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance most be ef4.ed within the time staled on the purchase order and the documents altuchod hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to oche, legal and equitable remedies, the option of placing this order elsewhere and holding the Sell. liable for damages. However, the Seller shall not Is, liable for damages a a result of delays due to woos not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such such of God, acts of civil or military auNorhies, gavamormal priorities, freer, mass, 0ond, epidemics, wars ar riots provided car notice of the conditions dosing such delay is given to the Purehaer within fee (5) days of the time when the Sell. En, received knowledge diced In the e,car of any such delay, the dam of delivery shall be extended for the period ryual m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articled, materials and work coveted by this order will conform with applicable dawings, specifications, samples di other descriptions give., will be Br for the purposes intended, and performed with the highest degree of ore and momentum in accordance with accepted standard for work of a imilar nature. The Seller agrees to hold the purchaser harmless form any leas, damage an expense which dw Purchaser may sufer or incur on account ofthe Sellers breach of wmmnty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time a may be prescn oal by Law or by the terms of on, applicable warranty pmvidcd by the Seiler afled the date of acceptance of the goods fmished hereunder (acceptance not to be unreasonably delayed), reaching from imperfect or defective work done or materials famished by the Seller. Acceptance Or sex of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Eacwt or otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to ell damages proximately roused by the breach of my of the foregoing wamentln or guarantees, but such liability shall in no even) include lass ofpmfio 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 changes to legal teats by whom change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The pardower may at any itme by wrinen change order, wrmirete this agreement as many or all portions of the goad then not shipped, subject to my extricable adjustment between the Parris as to any work or materials then in progress provided that the Produced, shall And be liable for any claims for anticipated profits on the uncompleted portion ofthe goods mNor work, for incidental or consequential damage, and that no such adjustment be made in favor office Seller with respect to any .it, which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for m1junment mat be asserted within thirty (30) days from the &or the change ar termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been Produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall exemte and deliver such documents a may h required to effect or evidence compliance. All laws and regulations required to be ncopomted in agreements of this character are hereby incommated herein by this reference. The Seller agree b indemnify and hold the purchaer hornless from all wits and damages sufdul by Ne Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Pony shall asign, transfer, or convey this order, or my monies due at to became due hereunder without the prior written consent ofthe other Entry. 10. TITLE. The Seller warrants Fall, clear and o weiM title in fire Purchaser for all equipment, materials, and items furnished in performance of this agreement, f all clear of any and all Indus, restriction, hadvatiaa, security interest encumbrances and claims ofathers. The Seller shall ovarse the Purchaser and its contractors of any tier from all liability and claims of any ..lure resulting from the performance ofsuch work. This rejecters, shall apply even in the event of fault of negligence of the party rebound and shall extrnd to the directors,.1fieers rind employees ofsuch Ivey. The Seller's mnwctual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever he Seller is required to use any deign, device, andial or process wvend by Imd, patent, trademark or copyright, the Seller shall indemnify and save Landes, the Furclaser from any all all claims for infringement by reason of the use of such prented design, deviw, material or process in connection with the extrect, and shall indemnify the Pardoner for any over, cm ac or damage which it may la, bh,dI as Lucy by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, at any pan thereof or the intended use of the grads, is in such suit held to combine infringement and the we of said equipment ar pan is enjoined, the Seller shall, at its own expense and at its option, either Fredric far the Purchaser the right to continue using said equipment or pans, replace the same with substantially egml but rmninGngmg optimism. or modify it so it becoma m ninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, rake an assignment for the benefit of dedimrs, appoint a receiver or ware, for any of the Sellers property or business, this order may forthwith be retarded by the Purchaser without liability. 16. GOVERNING LAW. The de0nitions.fterra used or the computation afdhe agreement and the rights of all parties hereunder shall b, construed under and gm<med by the lawn of the Sate ofColocado, USA. The following Additional Conditions apply only in roses where the Seller is to perform work hereunder, including the services of Sellers Representativds), on the premua of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sidles awn risk unlit Ns, eame is filly completed and accepted, and shall, in eau of any accident destruction or injury to the work =Nor materials before Scllers fret completion and aceepmnce, complete the work at Sellers own expense coal W the satisfaction of the Purchaser, \Mdu mvteriak and ecluipment are frmuhed by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and Indoor, ra amosible therefor a though such materials mNm equipment were being famished by the Soler tadur the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the Payment of workers camp.tmtion. including acc rpmional disease benefits, to its employees employed on or in comedian with the work covered by this purchase Order, of to their depcndmts in accordance with the laws of the dote in which the walk is to Its, done. The Seller not also cam,, comprehensive gduetal liability including, but not limited ro. conuactul and mmmobile public liability insurance with bodily injury and death limns of at lent $300,000 far any one person. SSOgot19 far any one accident and property damage limit per accident Of S400,900. The Seller shall likewise require his o urromrs, if they. m provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of Others, the Seller shall famish the Purchat with a certificate that such compensation and iaumme have been provided. Such ecmfima shall specify the date when such compensation and insurance have been provided. Such cenificatn shall specify the date what such compeaati.n and iamance expire. The Seller agrees Nat such compe ushum and insurance shall be ashamed until end the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mine responsibility and liabilityfar my and all damage, loss or injury of any kind or nature whatmarver to person or property cowed by or resulting from the ncmtion offle work provided for in Nis purchase order or in connection herewith. The Seller will indemnify, and hold harmless case Purchaser seal any or all of the partham officers, agents and employees form and against any and all claims, loses, damages, charges or expemca whether direct or indirect, surd whether to persons or pmpmy to which the Parthvser may he put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In rose any suit or other proceedings shill be brought against the Purchaser, or its officers, agents or employees a, my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or Nei, officers, agents or employees no aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expene, m pay any and ell casts, charges, a rma ys fees and other expeaes, my and all judgments that may be incurred by or .hawed against the Purchaser or my of its or their officers, agents or employees in such suit Or other proceedings, and in case judgment or other lip be, placed upon Or oboined against do property ofthe Purchaer, or said patties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety preconditions, fmisb and insbdl all guard necessary for the prevention of accidents, comply with all laws and regulations with regard f safety including, but without limitation, the Occupational Safety and Health Act of 1970 all all rules and regulations issued pursuant Hereto. Revised Wall14