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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9147073PO PURCHASE ORDER 914707er Page City of PURCHASE 47073 1012 ' `tCollins( This number must appear v 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 & MPLEMENTATION WO CONTRACT AWARD TO GTRI AND WO OPP-70153, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price i NUANCE SERVER REPLACEMENT UTILITIES CSD 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 4,469.40 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 1. COMMERCIAL DETAILS. Tax cxrmption. By suttee the City urban Collins is exempt from stale and local Lacs. Our Exemption Number is 11. NONWADVER. 98b4502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 u registered with the Collator of Failure of the purchaser m insist upon saict performeree of the menu and conditions hereof, failure or delay to Intcmd Revenue, Denver, Colorado (Ref Colorado Revised Sumter 1973, Chapter 39-26, I IC (a), exercise any rights or remci irs provided herein at by law, failure to promptly nodfy the Seller in thr, event of a breach, the acceptance ofor WMan for goods hereunder -approval of the design, shall not release the Seller of Good R jereel GOODS REJECTED due to faihue to meet specifications, either when shipped or due to defects of any of the .It. or obligations of this purchase order and shall viol M d.med a waiver of my eight of the damage in lmtssit. troy be returned to you for credit mail are not to be replaced except upon t.ap, of wnnm Purchaser to insist upon strict Pa.. hereofor any of its rights of remedies as to my such Sand, regardless instructions from the City ofFort Collins. of when shipped, received a accepted, as many prior or subsequent default heremder, vim skill any purWned oral usu ifrcatiao or rescission of this purchase not by the Purchaser operate az a waiver of any of the an. Inp.tion. GOODS arc subject to the City urban Collin inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. su morn ed payment an the pan of the City of Fan Collins. However, it is da be understood that FINAL Seller and the Purchaser reacomin that in actual economic practice, overcharges resulting from national ACCEPTANCE is dependent upon completion ofa11 applicable required inspection pmcedums. violations are in fact home by the Purchaser. Theretofore, for good cause and as cansidemtion fro executing this pmcham order, the Seller hereby assigns to the Purchaser any and all claims it may sow have or hereafter Freight Terms. Shipments must be F'.O.B., City of Fan Collins, 700 Wood St, Ton Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this Order. If permission is given to prepay freight end charge sepumtely, the anginal freight purchased or acquired by the Purchaser pursuant to this purchase order. bite must accompany invoice. Additional charges for Waking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nmnuhaw points s vnr us pans c shipment is rdirecls, the o defective to be vgreed he on byParch era oxerreemmncondicateg dby a dateunwillingness IfbPurchaser Per de uctedhe down I shipment front the nearest distributionedipoint de, destination, and excess freight will be JdledeJ from Invoice when P i dalmatian, nod a ser oru comply, the Purchaser indicates its inability m and the a dt Sellery is and to shipments arc mnJe fmm 6reader distance. may cases available it, it may cause the work s be performed by the most expeditions means available to it and the Seller shall WY all work to a Performed the most costs ausaiated with such work. Petmiu. Seller shall prmure at sellers sole cost all m,rumn, proards, emlficaes and licenses acquired by all applicable laws, regulations, ordinances and rules of the sure, municipality, territory or political subdivision where the work is performed, or atyuird by any other July constimeed public authority having jurisdiction over the work of version. Seller further agrees to hold the City of Fiat Collins hatless fmm ad against all Iiabiliy and loss mamen] by them by reason of an assumed or esbblow ! violation of any such laws, regulations, ordinances, rates and requirements. Authonsartim. All parties m this cotter agree that the represenutives me, in fact, how fide and most full and complete authority to hied said parries. LIMITATION OF TERMS. This Purchase Order expressly limits ameptaraw to the teta and conditions armed herein act both and any supplementary or additional mrons and conditions umehed hereto at incmrWmted herein by referee.. Any additional or diffusion terms and conditions proposed by seller art ablated to and hereby rejanil. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam az noted. Time is of the awn.. Delivery and performance most be effected within the time stated on the purchase order and the documents aoacbed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of his provision. In the eval Ofany delay, But Purchaser shall hove, in addition to Other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ilowewn, the Seller shall not be liable for damages m a result of delays due m comes not as mwbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, as of civil or aiilnory authomies, governmental In urines, fires, strikes, flood, epidemics, wars or tints prwidal thin notice of the andirir. 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 dam of delivery shall Is, extended for the period equal to the time acoully lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work coveted by this order will conform with applicable drawings, specifications, samples and/or offer deamptions given, will m fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted immigrants for work of a similar nature. The Seller agrees to hold the purchaser hamless froin may It damage or expense which the Producer nay suR or incur on account cruse Sellers breach ofwaaranry. The Seller shall seplae, repair or make good, without curt to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the it. of my applicable uarenty provided by the Seller abler the date of acceptance, of the good Furnished hereunder (acceptatae tmr an M commuwbly delayed), resulting fmm imperfect or defective work done or. ,crisis furnished by the Sella. Ar.ptmce or use of goods by the Parchuef shall not mmtime a waiver of any claim code, this went Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties or immanlees, but such liability shall in no event include loss of pmGu or lose ofue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. 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 my changes to the terms, other than legal sums, including additions m or delerinns from the quantities originally ordered in the specifications or drawings, by verbal or wrillrn change Odet. If any such change trials the amount due m the time ofperfotmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriden change order, terminate this agreement as to my or all potion of the goods then not shipped, subject to any equitable adjustment between the parries to to any work or morrials then in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and dust no such adjusment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such mrmintion shall relieve the purchase, or the Seller of any of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim for adjustment mast be, sssened within thirty (30) days from the date the change or automation is ordered. I. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have b en produced, sold, delivered and furnished in ar t compliance with all applicable laws and regulation an which the good art subject. The Sella shall execute nod deliver such document as may be required to effect or sidmce compliance. All laws and regulation required to he incorporated in agrtquals of Box character are hereby incorporated herein by Nis infc.nce. The Seller agrees to indemnify and hold the Purchaser harmless fmm all vests and damages suffered by the Purchaser m a result of the Sellm failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, abandon, a convey this order, 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, and items f mished in perftaarc of this agreement, Gee and clean of any and all liens, restrictions, reservations, security interest encumbrances end claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the pufaamance ofsuch work. This release shall apply even in the sent of fault of negligence of Be party releasm and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including wanany, shall rot be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. Ia, PATENTS. Whenever the Seller is raptured to use any design, device, material sorrow. covered by lever. ,at, ten bbounk or copyright, the Seller shall indemnify and save baroness the Pmchxsen band my and all claims for infringement by reason of the use of such patented design, device, mmrrial or process in connection with the contfact, and shall indemaiy the Purchaser for any cost. expense or damage which it may be obliged In WY by reason of such infringement at any time during the moserution or after the completion of the work. In rasa said equipment, or any pm thereof or the intended use of the good, is in such suit held to consulate infmmu ent and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pufhaer the fight to continue using said equipment or pans, replace the same with substantially equal but noninfrt'nging equipment, or modify it s0 it becomes nunmfirml lag. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpL make an ans,roman for the benefit of aedimrs, vpprin is receiver Or trustee for any of the Sellers property or business, this order may forthwith he canceled by the purchaser without liability. I& GOVERNING LAW. The defiaitions ofit. used ar the intepretatim ofthe agreement and the rights of all parties hereunder shall be, areaved offer and govemcd by the laws of the State ofColo.do, USA. The following Additional Condition apply only m uses where the Scum is to perform work hereunder, including the services of Sellers Reprearmitive(s), not the premises ofothm. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk andil the same is fully complex d and acepred, and shall, in arse of any accident, descrunimn or injury to dre work and/or moteeads before Sellers final completion and acceptance, complete the work at Sellers own expense and to the ssdfaution of the Purchases. When materials and equipment are furnished by others for instillation or erection by the Seller, the Seller shall receive, unload, .ore and haadlc same a the situ and become rear nable therefor a though such maenads and/or equipment were being firmished by the Sella under the oiler. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatioWl disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the sum in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited W. command and automobile public Ingot iV insurance with bodily injury and death hints of at least S300,000 for any one person, 5500,000 for any one accident and property damage limn per accident of S400,000. The Seller skill likewise require his contractors, if any, m provide for such compensation and insurance. Before any of the Sellers tar his contchrrs employees shall do any work upon the premises of others, the Seller shall brush the Purchaser with a emificae that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such.Aficmes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and inurance shall be maintained until after the entire work is completed and accrued. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind r name wkitmever to Person or prapmy caused by or resulting firm the execution ofthe work Frivoled for in this purchase mder or in carnation herewith. The Seller will indemnify and hold harmless the Norma, and any on all of the purchasers othcers, agents and employees from and against my cod all claims, favors, damages. charge or expenses, whether direct or indirect, and whether an person or property to which the Pranclawar may be par or subject by mason of my rot, action, neglen, omission or default on the pan of the Sella, any of his cutantors, in my of the Sellers or conduction officers, agents or employees. In case my suit or other proceedings shall be brought against But, Practitioner, or its officers, agents or employees at my lime an account or by reason of any at, atim, neglect omission or default of the Seller of my of his contractors or my of its or therm officers, agents or employ., as mforessid, the Seller hereby agrees an assume the defense dhermf and to defend the same at the Sellers own expense, to pay any and all rusts, changes, almant fors and other almoses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against flue property of the Purchaser, or said parties in or as a result ofsuch 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 precautions, famish and inull 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 mles and regulations issued pursuant thereto. Revised 09f2014