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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9142960PURCHASE ORDER PO Number Page Cliy. Of///���OI Collins 9142960 1 of 2 ' `t / Vns This number must appear " 1 1 on all invoices, packing sli i and labels. Date: 05/27/2014 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: 05/27/2014 Buver: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CALLREX SUPPORT RENEWAL Per GTRI# QUO-90855-S4G8W7-0 Platinum Support for CallRex Cal REcording Perpetual Term: 8/01 /2014-7/31 /2015 Per GTRI Quote#: Q1JO-90855-S4G8W7-0 dated 05/20/14. 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.ccm 1 LOT LS 8,064.65 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. Tex exemptions. By statute the City ofFoot Collins is eventual from snare and local taxes. On, Exemption Number as 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay la Internal Revenue, Denver, Colorado (Ref Colorado Revised Sm.es 1973, Chapter 39-26, 114 (a) examise any rights or remedies provided herein or by law, failure . promptly notify the Sell,, in the event of a breach the acceptance of m payment for goods hereunder or approval of the design, shall nut release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shi,cal or due to &Hcff of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be required . you for credit and are not to be replaced except upon receipt of wnlcn purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort 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 order by the Purchaser operate as a waiver of any of the terms Inspection, GOODS are subject to the City of Fort 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. authorized payment on the pan of the City of For Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable require inspection procedures. violations arc in fact home by the Purcfixer. Theretofore. for good cause and as scroudemtion 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 mast be POP., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, auto. acquire under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepamldy, the original freight purchased or acquired by the Purchaser punuanuo this purchase order, bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance_ Where manufncmrers have disoibubng porn[, to air. pans of the country, shipment is lltin expelled form the n mall distrlbull. point to destination, and excess freight will be deducted from Invoice when shortcuts me mode from Greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, car ifcates and licenses mdnired by all applicable laws, regulations, ordinances vnd rates ofthe state, municipality, terfimry or political subdivision where the work is performed, or squired by any other duly constituted public authority having jurisdiction over the work of vender_ Seller further agrees to bold the City of Fort Collins harmless from and against all liability and loss incurred by them by ream. of an asserted or established violation of any such lava, regulations, ordinances, rules and requirements. Amhoriention All parties to this contract agree ohm the repre ... Olives ate, in fact, bona fide and possess full and complete authority to bind mad panes. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terns and conditions stated herein set font and any supplementary or additional terms end conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your ,..land delivery date as broad. Time is of the essence. Delivery and peRmmance mast be effected within the time stated on the purchase order and the documents attached 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 other legal and equitable remedies, the option inplacing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due no poses not reasonably foreseeable which arc beyond its reasonable round and without its fault of negligence, such acts of God, acts of civil or military authorities, myountental priorities, fires, strikes, food, epidemics, wars 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 Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pound equal Po the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable Drawings, specifications, samples and/or other descriptions given, air[ be fit for tw.,cmises intense, and performed with the highest degree of pre and competence in accordance with accepted standards for work of a limit. nature. The Sellef agrees to hold the purchaser hamrless from any loss, damage ., expense which the Purchaser may suffer or incur on account of the Sellers breach of wattanry. The Seller shall replace, repair or make Wed, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer paned of time as may be prescribed by law or by the tems offany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imported or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty_ Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately cause by the breach of any of the foregoing warranties or guarantees, 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. the Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quadue colonially ially ordered in the spevifptont or drawings, by verbal o iM1 wren change order. If any such change aBects the amount due or time ofperfonmance hereunder, an equiable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change Order, terminate this agreement as to nary or all portions of the goods than not shipped, subject to any aquamble 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 raker work, for incidental or consequential damages, and that no such adjustment be mnde in favor of (lie Seller with respect as any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any o'their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assered within thirty (30) days from ere date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Finished in strict compliance with all applicable laws and regulations to which the goods are subject. Me Seller shall execute and deliver each documents as may be require to effcar or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hornless Gem all wars and damages suffered by the Nuclear, as a Print of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nether party shall assign, nastier, or convey this alder, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, ere items fumidned in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interns encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser end the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came, the work to be performed by the most expeditors moons available to I,, and the Seller shall pay all costa areociated with such work. The Seller shall release the Purchaser and its committee 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 fault of negligence of the parry released and shall extend to the directors, officer, end employees rf such party. The Settees commdual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused 10 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark w,no dit, the Seller shall indemnify and save hanaleas the Purchaser from any and all claims for infringement by rennin of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofmch infringement at any time duel., the prosecution or after the completion of the work. In rum said equipment, or any part thereof or the intended use of the goods, is in such stilt held t0 constitute infringement and the use of said equipment or part is enjrined, the Seller shall, at its Own expense vnd at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGhngdng equipment, or modify it so it becomes nnninhinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors appoint a resolve, trustee stee for any of the Sellers ppeny or baseness, this order may forthwith be ...acted by [he Purchaser a enema liability. 16. GOVERNING LAW. The definitions of firms used or the interpretation of the agreement and the rights of all parties hereunder shall be consigned under vad governed by the laws of the State ofCPl.,.de, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repon,man ve(s), oa the premises of ounces. IT SELLERS RESPONSIBILITY. The Seller shall entry on said work at Seller's own risk until the same is fully completed and accepted and shall, ar u of any accident, destmation or a,., m the work and., materials before Sallies final completion cad acceptance, complete the work at Selle's rum expense and to the satisfaction of the Purchaser. When materials and equipment are branded by others for installatiro or erection by the Seller, the Seller shall reserve, .load, store and handle same at the site and become responsible therefor as though such material maker equipment were being furnished by the Seller under the order. 19 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, easier to their dependent, in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, continental and automobile public liability imumnce with bodily injury and dean, lono, of am least 53nn,000 far any one person, $500,000 for any one accident end property damage limit per accident of 5400,000. The Seller shall likewise squire his ex,noww" if any, to 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 xhall Fimish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been provide. Such ceni6cates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until and the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resultng Qom the execution ofthe work provide for an this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchases and any cr all of the Purchasers oFicers, agents and employees firm and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be at or mbjed by reason of any act, acne., logical, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shell be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to asmme the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, Pro mays fees and other expenses, any and all judgments that may be 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 psm erty of the Purchaser, or said parties in or as a result of such suits or ether procee rigs, the Seller will at may pax the same la be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant there.. Revised 03CO10