HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9141304Fort Collins
Date: 03/03/2014
PURCHASE ORDER
Vendor: 309435
GLOBAL TECHNOLOGY RESOURCES INC
990 S. BROADWAY, SUITE 300
DENVER CO 80209
PO Number Page
9141304 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: 02/28/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t GTRI If QUO-86727-Y4LOT9-0
NUANCE SUPPORT RENEWAL
1 LOT LS
for NUANCE OSR Maintenance & Support -Premium, and RealSpeak Telecom M&S.
Per GTRI Quote# GTRI QUO-86727-Y4LOT9-0 dated 02/18/14.
City IT Contact: Bob Singleton, 970-221-6789
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 Collin Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasingQfcgov.00m
6,548.00
Total
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. COMMERCIAL DETAILS.
Tax exemptions. By some the City e f Fon Collins is aempt from state and local taxes. Our Exemption Number is
I L NONWAIVER.
984)4502. Distant Excise Tax Exemption Certificate of Registry 84fi0005E is registered with fire Collector of
Failure of he Purchaser to insist upon strict Inconsonance of the rents not conditions hereof, failure of delay to
Internal Revenue, Denver, Colorado (Ref. Colombo Revised Sumaa 1973, Charles 39 26,114 (a),
exercise my rights or remabies provided herein or by law, failure to promptly notify the Sella in the event of a
brach, the acceptance of or payment for goods bet under in approval of the design, shall not release fie Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wmmntim or obligation of this parchrom cnder and shall nor be decmM a waiver of any fight of the
damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of wrinen
purchaser to insist upon strict performance hermfm any of its rights or number ber as b any such goods, regardless
instructions from the City of Too Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase oMer by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Too Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
m ahorimed payment on the part of fire City of Fort Collins. However, it is to be understood ahatFINAL
Sell. and the Purchaser recognize Out in actual a ,m practice, o ercharga resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable requirab inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Ton Collins, CO 80522, unless
acquired under federal or sure antitrust laws for such overcharges relating to the particular good or servica
otherwise specified on this miler. If Permission is given ur prepay freight and charge sepamrcly, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges fro packing will rot be acttpldL
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. \Mere tmnufactums have distributing points in aarions pans
act country, shipment n
Ifthpure Per Sells the llttm defective byadate to be on
re
n point m destination, nail excess freight will he dabunnd from Invoice wM1rn
expected from the nearing r¢ter
comply, the
its imeans a unwillingness it comply, the Purchaser
Seller thereafter is or unwillingness ancer
and the Stiles, and hie Seller thtta
and t e d
dim
shipments arc made from Greater disunce.
may saes
expeditions
may ague The work to be performed by The moss expedifioa mesa available to it, and the Seller shall pay all
most
,.it associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, t.tificales end licenses required by all
applicable Is., repetitions, ordinances and roles critic slate, municipality, memory or political subdivision where
the work is performed, or required by any other duly constitmed public authority havimpriulictimt over the work
of vendor. Seller father agrees to hold the City of Fon Collins [countries from and against all liability and loss
incurred by ,hem by reason of m asserted or established violation of my such laws, regulations, ordinances, reles
and requirements.
Authorizmion. All ponies to this contract agree that the represenmtives are, in fact, bona tide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acaptmce to the terms and conditions stared
herein sin fond and any Supplementary or additional terms and condition amexab Terms or Incom memed herein by
refercnee. Any additional or different terns and conditions proposed by seller arc objected m and hereby rejatab.
2. DELIVERY.
PLEASE ADVISE PURC14AS WG AGENT immediately if you minor make complete shipment to arrive on your
promised delivery date a noted. Time is of the essence. Delivery and performance mat be effaced within the time
stated on the purchase order and the documents attached hereto. No acts of the fomhaers including, without
limitmi^n, acceptance ofpatial late ddiveda, shall operate or a waiver of this provision. In the event crony delay,
the P... hner shall have, in addition to other legal and equitable remedies, the option of placing this aide, elsewhere
and holding the Seller liable for damage, However, the Seller shall not be liable far damerges as a result of delays
due to cruses no, rensouably foreseeable which are beyond its reasonable commit and without its fault ofoegligeoce,
such acts afGod, acts ofeivil or military suthori,irs, governmental priorities, fires, snakes, Boor, ryidemics, was or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when The Sell. first received knowledge thereof. In the eve., of my such delay, the date of delivery shall be
extended (a, Ore period equal to the time mtually lost by reason ^fide delay.
3. WARRANTY.
The Sella warrants Out all good, articles, materials end work covered by Was order will conform with applicable
drawings, specificamax, samples ands., other description given, will be, fit for he purposes intended, and
performed with the highest degree of care and compamce in accordance wain accepted standard fro work of is
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may surlier or incur on account of the Sellers broach of wu..ty. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults raising within one (1) year or within such longer period of
time as may be prescribed by law or by the tams of my applicable wamany provided by the Seller after the dam of
uttermost.(the goods furnished hereunder (acceptance not to Is, commonalty delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Seller
liability hereunder shall extend to all damages proximmely Caused by the breach ofany of the foregoing o Hennas
or guaranty, but such liability shall in no event include loss of pmfies or loss of me. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal term, by written change coder,
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change, to the terms, older dun legal rearms, including additions or or deletions from
the quantities originally ordered in the specifatiom or drawings, by verbal or wrom change order. If any such
change affects the aroma, due or the time of pert ante formula, m equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wriften change order, terminate this agreement in to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods torpor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goad delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adivaament most tar mend within Wiry (30) dais from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumuheal in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation natural l in be
incorporated in agreements of his ch roamer are hereby incorporated herein by this reference. To, Sella agrees to
indemnify and hold the Pumhner hamles from all costs and damages suffered by the Purchaser n a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, number, or convey this under, or any monies due or to become due hereunder without the
prior written consent of the older parry. '
10. TITLE.
The Sella warm.,. bill, clear and umamiard fide fo he Purchaser for all equipment, maamils, and it. famished
in pert tome of this agreement, free and clear of any and all lien, restrictions, reservations, secuctry interest
mand coca and claims ofothers.
The Seller shall release the Purchaser and its ca.,maors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fuel, of negligence of the party releaab and shall extend to the
directors, otlittrs and employees ofmch party.
The Sellers contractual obligation, including wamnty, shall not be deemed to be reduced, in any way, becsum
such work is pefomed or caused to be performed by the PurcM1aset.
14. PATENTS.
Whenever that Sella is required or use any design, device, material or process covets by Iaua. pa,enL trademvfl:
cor copyright. the Seller shall indemnify and ma harmless the Purchaser from any and all claims for inGngemem
by reason of the use of such parented design, device, material of process in cofineetion with We contract, and
shall indemnify he Purchase, fro any most, expense or damage which it nary be obliged to Pay by reason c f such
infringement of any time during the prosewtion or after the completion of the work. In case said equipment, or
any pan thereof or the intended toe of the good, is in such suit held to coatimre wGngement and 'he toe of
said equipment or pan is enjoined, the Seller shall, at its own expense and err its option, either procure for the
Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but
noninffinging equipment, or modify it so it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
waviver or trustee for any of the Sellers property, or bainess, this order may fonhwiW be canceled by the
purchases wihom liability.
16. GOVERNING LAW.
The definitions, of tend used or the Intaprasdon ofthe agreement and the rights of all parties hereander shall be
coatmed miler and governed by the has of hie State ofColamdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including law services of Sellers Remancon ive(s), an We premiss archers.
12. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, dru main or injury to the work tanker materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc fumisLab by others for iaullation or erection by the Sella, the Seller shall receive, unload.
store and handle some at the site and become responsible therefor its ,hough such contains. major equipment
were being bimished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own ex,—. provide far the payment of workers rnmpeaation, including wormardonal
disease benefits, to its employees employed on or in connection with the work covered by this purchase ondtt,
and/or to Weir dependents in accordance wiW the laws of the state in which the work u to he, done. The Sella
shall also any comprehensive general holiday including, but nor limited an. contractual and automobile public
liability iammce with bodily injury and death limits of at leaf 5300,000 for my one person, 5500,O0) for my
one accident and property damage limit per accident of SAW.OW. The Sella shall likewise require his
eommemrs, if my, to provide for such compensation and insurance Before any of the Sellers of has contractars
mployees ahan do any walk upon the premises of others, the Seller shall famish We Purchaser with a certificate
West such compensation and insurance have ban provided. Such cenificata shall specify the date when such
compensation and insurance have been provided. Such cenificata shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller back, incomes the rnline responsibility and liability for any and all damage, lass or injury of my kind
or none whatsoever to persons or property caused by in resulting from the execution of the work provided fw in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhaa and any
or all of the Purchasers aRcers, agents and employees from am almost my and all claim, losses, ducco a.
charges or expenses, whalrcr direct or indirect, and whefer to penmm or provisory, an which the Purchaser may
be put or subject by reason of my act actim, neglect, omission or default on the For of the Seller, any of his
...,a., or my of We Sellers or contractors aRcers, agents or empicrcea In case my suit of order
proceabings shall the, brought against the Purchases, or its officers,.pens or employees at my time an account or
by mown of my act, actmR neglect, omission or default of the Seller of my of his contractors or my of its or
Wear officers, agents or employers as aforesaid, We Sella hereby agfy m assume the defeae therrof and to
defend the more at the Sellers own expense, to Pay any and all costs, charges, attorneys fees and other expenses,
any and all judgmmis that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such sure or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits a other Traceability,
the Seller will at once Cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take of safety precautions, fmish and mull all guard necessary for the prestinian of
accidents, comply with all laws and regulations with regard or mfery including, but without limitation, the
O s upational Safety and Health AN of 1970 and all roles and regulations issued pursumt thereto.
Revised 03n010