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HomeMy WebLinkAbout488090 SECURE DATA RECOVERY - PURCHASE ORDER - 9113193Fort Collins Date: 06/01/2011 Vendor: 488090 SECURE DATA RECOVERY DATA RECOVERY SERVICES 8271 MELROSE AVE SUITE 205 LOS ANGELES California 90046 PURCHASE ORDER PO Number Page 9113193 1of2 his number must appear on all invoices, packing lips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 06/01/2011 Buyer: ED BONNETTE Note: PER INVOICE #17189 DATED 5/26/2011 TO ZACH WOOD. Line Description Quantity UOM Unit Price Extended Ordered Price FINAL PAYMENT RECOVERY 1 LOT LS 14,112.00 Z. WOOD 2 SPECIALIZED RAID EMERGENCY 1 LOT LS 6,757.20 SERVICE SURCHARGE City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970.221-0775 Fax:970-221-0707 Email:purchasing@fcgov.com Total $20,869.20 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tex exemptions. By statute the City effort Collins is exempt form state and local taxes. Our Exemption Nunhber is 98-04502. Federal Exeig Tax Exemption Certificate of Registry 84-6000587 is regimental with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised SmMes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to faihae to meet specifications, either when shipped our due to defers of damage in transit may be tenoned to you fa credo and am tot to be replaced except upon receipt of written instructions form the City effort Collins. Inspection. GOODS are subjeaY to the City of Fan Collins inspection an arrival. 11. NONWAIVER. Failure of the Purchaser to moist upon atria pafmmmlce of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment Im goods hereunder m approval ofthe design, shall not release the Sella of any of the warmmim our obligations of this purchase order and shall net be deemed a waiver of any right of the purchaser to insist upon strict performance hawfor any of its rights or remedics as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or reacissim of this purchase order by the Purchaser operate as a waiver of any of the tarns hereof. Final Acceptance. Receipt of the merchandise, services m equipment in response to this otda can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations am in fact borne by the Purchaser. Theretofore, for good "me and as consideration for exauting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have of hereafter Freight Terms. Shipment most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws fm such overcharges misting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchasc pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser dirccs the Seller to correct nonconforming or defective goods by a doe to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates is inability m unwillingness to comply, the Purchase shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all toss associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinates and mks of the state, municipality, territory or political subdivision where the work is pulimmed. m required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of an asserted o established violation of any such laws, regulations, ordinances, min and requirements. Authorization. All patios to this comma agree that the representatives arc, in fact, bona fide and possess full and complete authority an bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sa forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional m different terms and conditions proposed by seller an objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery time as noted. Time is of the essence. Delivery and perfmmmce must be effected within the time stated on the purchase order and the doenmens attazhed hereto. No acts of the Purchasers including, without limitation, acceptance of I>mtial late deliveries, shall opcmte as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fm damages. However, the Sella shall net be liable fm damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence, such acts of God, act of civil or military authorities, governmental priorities fires, strikes, Rood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchasc within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal m the tore actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrens that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree of cane and competence in accordance with accented standards for work of a similar nature. The Seller agrees to hold the purchases harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sclltt shall replace, repair a make good, without cost to the purchaser, any defects or faults arising within oa (O year or within such longer period of time as may be prescribed by low m by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect m defective work done at materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not common a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability henmnda shall extend to all damages pmximetcly "used by the breach ofany of the foregoing warranties or guamntecs, btu such liability shall in no event include loss of profits m Mess 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 tents by written change oiler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teases, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change effects the amount der or the time of performance hercunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrium change order, terminate this agreement as to any or all portions of the goods then net shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchase shall no be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or 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 m the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have ban produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods an subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchase harmless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, car convey this order, m any monies due or tu become der hereunder without the prim wrinm consent of the other party. 10. TITLE. The Sella woman full, clear and umestricted title to the Purchase for all equipment, materials, and items furnished in performance of this agreement, free and them of any and all liens, restrictions, reservations, security interest encumbmaes and claims ofothers. The Seller shall mlease the Purchaser and its commaors of any tia from all liability and claims of any mange resulting from the performance of such work. This mlcam shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers communal obligations, including warranty. shall no be domed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material m process covered by lent, patent, trademark m copyright, the Sella shall indemnify and save harmless the Purchaser Imam any and all claims for infringement by reason of the use of such pomaded design, device, material or process in connection with the comma, and shall indemnify the Purchaser fm any cost, expense m damage which it may be obliged to pay by mason of such infringement at any time timing the prosecution or after the completion of the work. In case said equipment or any part thereof or the intended use of the goods, is in such wit held to commune infringement and the use of mid equipment of pan is enjoined the Sella shall, at is own expense and at its option, either procure for the Purchaser the right to continue using mid equipment our pars, replace the wore with substantially equal but noninfringing equipment, or modify it w it becomes nouinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or truster for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of toms used on, the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and gmemed by the laws ofthe State ofColomdo. USA. The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Rclar emative(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or fraction by the Sella, the Sella shall receive, unload, store mad handle more at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the oiler. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease bencfis, to is employees employed on or in connection with the work covered by this purchase order. and/or to their defendants in accordance with the laws of the state in which the work is to be dorm. The Seller shall also carry comprehensive general liability including, but tot limited to, commensal and amomobile public liability insurance with bodity injury and death limits of at leas S300,000 for arty ore persan, S500.000 for arty tam accident and property damage limit per accident of S400.000. The Seller shall likewise require his .from ors, if any, to provide for such compensation and imumme. Before any of the Sellers or his contractors employees shall do any work upon the premises of edu rs, the Sella shall furnish the Purchaser with a catificate that such compensation and insurance have been provided. Such certificates shall specify the done when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Sella 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 hereby assumes the entire responsibility and liability for any and all derange, loss or injury ofarry kind m nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchase and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges m expanses, whether direct a indirect and whether to persons a property to which the Purchaser may be put m subject by mason of any act, action, neglect, omission m default on the part of the Sella, any of his contractors, or any of the Sellers or conttaams officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, a is offices, agents or employer at any time on account m by reason of any act, action, neglect, omission or default of the Sella of any of his eontnaces or any of is m their officers, agents or employees as aforesaid the Seller hereby agrees he assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all eras, charges, attorneys fees and other expenses, any and all judgmems that may be incurred by or obtained against the Purchaser or airy of is on their officers, agents or employers in such its or other proceedings, and in case judgment m other lien be placed upon or obtained against the property ofthe Purchagr, or said panties in or as a result of such suits m other proceedings, the Sella will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Sella and his conhnaors 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, btu without limitation, the Occupational Safety and Health Act of 1970 and all min and regulations issued pursuant thereto. - Revised 03/2010