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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9147048PO PURCHASE ORDER 914704er Page �'It�/ of PURCHASE 048 1 of z ' `t Collins( hisnumber must appear �•I ' t on all invoices, packing sli s and labels. Date: 12/02/2014 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: 12/02/2014 Buyer: ED BONNETTE Note: PER 7368 PROFESSIONAL NETWORK ENGINEERING & IMPLEMENTATION WO CONTRACT WITH GTRI; AND WO #OPP-72235, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price I CUCM UPGRADE SOW OPP-72235 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 85,654.35 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 exemptions. By statute the City of Fan Collins is exempt from state end local lazes. Our Exemption Number is 98-tN502. Federal Excise Tax Exemption Certificates of Registry 8a.6000587 S registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of domestic in tfanir, may he retumed to You for credit and arc not to M replaced except upon receipt of women mo tructions fmm the City of Fort Collins. Inspection. GOODS ere subject at the City of Fair Collins inspection on arival. Final Acceptance. Receipt of the merchandise, Se or equipment In response in this ode, ce remlt in authorized payment on the pan of the City of Foe Collins. However, it is in be understood that FINAL ACCEPTANCE is dependent upon complain¢ of all applicable raaion inspection procedures. Freight Teets. Shipments must M F.O.B., City of Fan Collins, 900 Wood St., Fan Collins. CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where smmumeturers have disuibe ing Points in various pails of the country, shipment ts expected from the moment diseribution point to destination, and excess freight will be external fmm Invoice when shipments arc made from greatim distance. Permits Sella shall procure at sellers sole cost all arric ary permits, cenificeta and hate. required by all applicable laws, regulators, ordinances and ales ofthe stare, municipality, unitary or political subdivision where the work is pafbrmN, or required by any other duly constituted public authority having jurisdiction over the work of veoicas, Sella further agrees to Mid the City of Fan Collins harmless fmm and against it liability and loss matured by them by reason of m assenrd[ or asablinal violation of any such laws, regulations, odirances, area and requirements. Authorization. All panics to this contract agree that the mpraseatatives are, in fact Mau fide and pnwss full and complete authority to bind said panic. LIMITATION OF TERMS. This pmhase Order expressly hers. azcep. m the mom and conditions moral herein set feed and my supplementary on additional tower and conditions annexed harem or incorporated brain by reference. Any additional or diffemuo., and conditions proposed by Sella are objected,a and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiaely ifyou cannot make complete shipment to arrive on your promised delivery doe m noted. Time is of tM counnee. Delivery and performance must be affected within the time stated on the purchase order and the donations attached herero. No xis of the Prachucrs including, without limitation. Sam mie of hernial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not morn bly fnaesmable which art beyond its neamnable central and without its fault of negligence, such umof God. aces ofeivil a military authorities, governmental priorities, fuel srrike, flood, epidemic, wars or riots provided felt notice of the condition casing such delay, is given ra the Purchaser within five (5) cloys of the time when the Sella fie =caved knowledge thereof. In the event of any such delay, the date of delivery shall M extended for the period equal to the lime mate lly lost by rwson affable delay. 3. WARRANTY. The Seller warrants that all good, articles, rterials and work covered by this order will conform with applicable Aawings, specifications. samples andrar other descriptions given, will M fit for the puaposes intended, aM performed with hie highest degree of care and competence in azcoedence with accepted staactio s fan walk of a similar nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may sufr or incur on account of the Sellers breach of wmmny. Ile Seller shall replace, repair or make grad, without cart to the purchaser, my defers or faults arising within one (I) your or within such longer pond of time as may M presaibed by law or by Jar forms of my applicable warranty pvvided by the Sella after the date of nce tea of the goods fumishd hereunder (azrmaroce not to at mably delayalf resulting fmm imperfae err defective work done or materials Mistimed by Ile Sella. Acceptance or use of good by the Purchaser shall not emotions a waiver of any claim under this warranty. Except n otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties m guarenters, but such liability shall in no went include lass 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 wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the semis, other than legal temps. including addition to or deletions for the qumniria originally ordeal is the monficafon o, drawings, by verbal or corn- change orda If any Such change aReces the amount due or the time of perfommnce hereunder, an equitable adjtulmmt Shall M made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties eas to any work or materials then in progress precision fat Nc Pmchna shall not M liable for my claims for anticipmd Profits on she uncompleted portion of the good andrer work, for IMideneal or armaluemial damages, road the, ere Such adjusmenl M made In favor or the Sella with respect to any goods which arc the Sellers Sta„dard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to very goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim for achassma, must be assured within thirty, (30) days from hie dte tie change or lennicafm is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, Sold, delivered and famished in strict compliance will all applicable laws and regulation a which the good are subject The Sella shall execute end deliver such davments n may be required in effect or evidenre, compliance. All Was and regulation required m M r mpcartd in agreements of this character m bemby incur ponad hone. by this referatt. The Sella agrees to indemnify aM hold the Purchaser hamsters from all ass and damages Suffored by the Pamhaoer as a result of Jae Sellers failure to comply will such law. 9. ASSIGNMENT. Neither party Shall cousin, tnnfer, or convey this order, or my monies due or to become due hereunder without the Prior airmen mmsent of Jae other parry. 10. TITLE. The Seller warrants full, clear and umesMc nd title to the Purchaser for all equipment, nationals, and items famished in porfotmmce of this agreement. face and clear of my and all liens, committees. reservations, security interest erncmnbmmes and claims ofathers. 11. NONWAIVER. Failure of the Forebear as insist upon Shia performance of the toms aM summerss, hereof, failure or delay ro my rights or remedies provided herein or by law, failure to promply notify the Seller in Ne event of a breach, the acceptance of ar payment for goods hercunda or approval of th, design, shall not release the Seller of any of the warranties or obligations of this purchase order end shall not M domed a waiver of any right of the purchaser to insist upon Strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, taeived or accepted, in to any prior or subnormal default hereunder, not slap any purponed am] modification or maxission of this purchase order by the Pachuer manes, as a waiver of my of She terms Motor, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violation are in fact home by the Purchaser. Theretofore. for good cause and n consideration for execming this purchase mitt, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under friend ar state antitrust laws fan Such overcharges misting to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase, order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Parch ism directs the Sella in correct nonconforming or defective gmd by a date to M agreed upon by the Purchaser and the Sella. and the Sella thereafter indicates its natatory m unwillingness to comply, the Further may cause, the work to be, performed by the moss expeditious meets available to it, and the Sella shall pay all costs asmaialed with such work. The Seller shall ¢lea, the Purchaser and its contractors of any for Bum all liability and claims of any nature resulting from the performance ofsuch work. This mlwse shall apply even in the event of fault of negligence of the parry belessd and shall extend to the domain, office, and employer ofsuch pray. The Sellels mntructual obligations, including warranty, shall not he dermal to M rduced, in any way, because such work is ped'ormN or caused to M performd by the Purchases. 14. PATENTS. Whenever the Sella is command to use my design, device, material or process covered by loner, patent, tidemark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringrment by reason of the use of such patented design, device, material or process in connection with hie contract, and shall imkrmify the Purchaser for my cost, expense or damage which it may be obliged an pay by reawn of such infringement at my time during the Pormation or afar the completion of the work. In case said equipment, to any pan final or the intended use of the good, is in such suit held to cannm,e infringrmbet and the use of Said equipment or pan is enjoined, the Sella shall, at its now expense and at its option, either procure fan the Purchaser the right to continue using said equipment or pans, roplace the same with substantially equal bat mainfringing equipment, or madify it so it becomes co munnging. 15. INSOLVENCY. If hie Seller shall become insolvent m ban/al make m assignment fan the benefit of credimrs, appoint e meriver or enstor far my of the Sellers prepay or business, this onto, may foMwith be cmcefed by the Purchaser without liability. 16. GOVERNING LAW. The deftnifoms of lemon used or the inlapremtim of the agreement and the rights of all parties herander shall M cowVued ander and govemd by the laws afm State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers It resenmtive(s), on the ptumisa of others. 17. SELLERS RESPONSIBILITY. The Seller shall may on Said work, o Sellefs an risk until the same is fully ampletd and accepted, end shag, in car, of any accident, destruction or injury to the work and/or materials before Stilefs final completion and acceptance, complete the walk at Sellers awn expense and an the satisfaction of the purchaser. When mmmais and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment wen being fiu actual by the Sella anchor the order. 18. INSURANCE. The Seller shall, m his awn experae, provide for the P.M. of workers compmsetlm, including wcupational disease benefits, to its employees employed on or in connection with the work covered by this purchase, unit, mNor a their dependents in accordance will the laws of the state in which hie work is to M done. The Seller &ball also carry comprehensive general liability including, but no, limitd to, command and outomabile public liabiliry insurance with amly ugmy and death limits of in least 5300,E00 for my one Pool S500,000 for my accident and property, damage limit per accident of S000,000. The Sella shall likewise require his contractors, if my, to provide for wet rompaaation and Morocco. Before any of hie Sellers m his conlmctors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cedlfa,es shall specify the date when such compensation and insurance expires. The Sella small that such compere ation and became shall M nmivmiv 1 until after the atire weak is completed and mapted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for my and all damage, loss or injury of my kind r man whatsoever to persons or property caused by or resulting fmm the exeation ofthe work providd for in this purchase arder or in mnneaian haevidu The Sella will indemnify and Mid harmless Jar Purchaser aad my an all of the Purtlu oifcas, agars sad employees from and again, my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m penwas at property ro which the Purchaser may M or or subject by reason of any arc,, action, neglect, omission of default on the pan of the Seller, any of his contractors, or coy of the Sellers or contractors officers, agents or employees. In can my suit or other proceedings shall be brought againt the Purchaser. or its officers, agents or employees at my time on account on by men of my set, action, voffer, omission cr default of the Sella of my of his contractors or my of its m their omc nt, agents or employers m of id. the Sella hereby agrees to assume The, deli thereof and to &food the same at the Sellers own expense, ro Pay any ab all cons, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or Said prates to on as, a insult of such suits or ether proceedings, the Sella will at once case the same m M dissolved and discharged by giving Mail ar otherwise. The Sella and his antacrors shall take all Safety promotion, famish and baull all grad nxasary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limimtion, the Occupational Safety and Houth Act of 1970 and all rules and regulation issued pursuantthrow. Revised 07n014