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HomeMy WebLinkAbout268312 MSN COMMUNICATIONS INC - PURCHASE ORDER - 9115171City of Fort Collins Date: 09/01/2011 Vendor: 268312 MSN COMMUNICATIONS INC 8955 E NICHOLS AVE STE 200 CENTENNIAL Colorado 80112 PURCHASE ORDER PO Number Page 9115171 1of3 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 09/01/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price IB-550-A NS1 UPGRADE FOR 1 LOT LS 2,716.00 MS GRID QTY (1) MSN COMMUNICATIONS, INC -QUOTE #SQ-132564 Tax exempt form sent to MSN. 2 INFOBLOX-550-A WITH NETWORK SERVICES ONE WITH GRID QTY(2) 1 LOT LS 11,432.00 3 18 MONTH PREMIUM MAINT 1 LOT LS 829.35 IB-550-A NSI UPGRADE CITY (1) 4 18 MONTH MAINTENANCE FOR 1 LOT LS 3,610.00 INFOBLOX-550-A QTY (2) 5 PROFESSIONAL SERVICES 1 LOT LS 7,595.25 BASIC ENGAGEMENT QTY (1) City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9115171 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 SHIPPING CHARGE 9UA-J�� V�. 0 YW-9k City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 Total $26,382.60 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternts and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptbna By statute he City effort Collins is exempt from state and local taxes Our Exemption Number is 11-NONWAIVER. 98-01501, Federal Excise Tax Exemption Comficam of Registry 84-6000587 is regiverad with the Collector of Failure ofthe Premium, to insist upon runlet performance of the terns and conditians hereo[ failure or delay to imeral Revenue, Denver, Colorado (Poll Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided barman or by law, failure To promptly notify the Seller in the event of a bonds rho acceptance afar payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to mom specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of fhe damage in transit, may be returned or on for credit and arc nor Ira be replaced except upon coup, of written purchaser to insist upon maim game mncc hatofor any of its rights orPartners as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, Panels ad or accepted, as to any prior or subsequent default hereunder, nor shall any p r,a ed ore) modification or rcuiaion of this purchae oNer by the Purchaser crash, as a waiver of any of he terms Insponam, GOODS or sobject P. the City of Pon Collins creation an moral. hereof Final Acceptance Receipt of the memhora ire, se r 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 Purchase rewgnize that in actual economic practice, o ear arges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fan Lome by the Purchaser Theretofore nfor good cause and as consideration for executing this purchase oNer, the Seller hereby assips to the Purchaser any and all claims if may now have or hereafter Freight Terms. Shipments most be F 0 B., City of Far Collins, 700 Wood St. Fora Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the propecla goods or services otherwise specified on this oNer. If pernivomi is over roprepay Fair, and charge npamtely, the original freight purchased or acquired by the Purchaser pursnant to this purchase oNer. bill must aecompnny invoice. Additional charges for parking will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distribion, points in various pans of the country, shipment is If the Purchaser directs the Seller to comet nonronfomring or reference goods by a date a be agreed upon by he expected from the nrmm dlsabulion point to destination, and excess feighi will be deddind from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made free) grcacr distance. army cause the work P. be performed by the most expeditious means available to it, and the Seller shall pay all oats associated with such work. Prnnits. Seller shall panne at sells. sole cam all recrower, permits, benificates and licenses required by all applicable laws, regulations, ordinances and rates of the more, municipality, territory or political subdivision where the work is performed, or required by any other only constituted public supreme having jurisdiction ovm the work of vendor. Seller further agrees to hold the City of Fon Collins hornless from cad against all liability and loss incurred by them by reason Of an nssmed ar established violation of any such laws, regulations, ordinances, ales arm requircmnua'. Authorization. All panics to this contract agree that the rcpromphaPes in. in fact b,ma fide and possess Poll and omplmu mat only To bind said par LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lama and conditions mated hnchr ul Shift and any euRblona mery a additional terms and conditions annexed hano or incorporated herein by reference. Any additional or different temhs and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to save on your ,..find delivery dale as noted. Time is ohhe essence Delivery and performance must be effected amin the time ,hated an the prr.how order and he damnnents attached hereto. No acts of the Purimmus including, without lmunchon, aineptunce, of prim late deliveries, shall opermc as a waiver of Ihi, parearrimi. In the corm of any delay, the Purchaser shall have, in addition 1. .,he, legal and equitable remedies, the option aplacing this order elsewhere sad holding the Seller Baltic for damages. However, the Seller shall not be liable for damages as a result of delays due to causes nor easonably foreseeable which are beyond its reasonable control and without its Paull of negligence, such acts of God, acts of civil or military authorities, govmnium al priorities, fires, strikes, flood, rpidemics, wars or riots provided that notice of the conditions cursing such delay is given to the Purchaser within five (5) days of the time when the Seller Best received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, amides, 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 ,aboard with the highest degree of care and compnence in accordance with accepted smntlanis for walk of a similar nature, The Seller agrees to hold the purchaser M1amness from any loss, damage Or espeme which the Purchaser may suffer accountman on ofthc Sellers breach of warranty. The Seller shall replace, repair make Road, without caana the pumM1sarc a y defeats or faults arising within one (1) year rwithin such longer period of time as may be preserlbed by law or by he corms of any applies blc warranty ed providby the Seller after the dine of acceptance of hue goods furnished hereunder (acceptance not to be unseasonably delayed), resulting from imper veer or defective work dove or materials furished by the Seller Acceptance or use of goods by the Purchaser shall rat constitute a waiver ofany claim under this warrouty Except as otherwise provided in this purchase order, the Sellers liability hereunder shall earned to all dralin s proximately caused by the breach of any of the foregoing womanlics serguaranncs, but such liability shall in To event include loss nfpmfits or Into areas. NO IMPLIED WARRANTY OR MERCHAN I ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by Pearson change order, 5. Cl TANG ES IN COMMERCIAL TERMS. The Purchaser may make any changes an the terms, other than legal tomes, including additions to or deletions from the quaorities originally ordered In the specifications or drawings, by verbal or written change under, If any such change offer. the amount due or the timeoOandomnce hereunder, an equmble adjustment shall be aide 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to say or all portions of the goods then not shipped, inner, an any equitable a fimme rat between 0e parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated protLs on the uncommitted potion Oftht goods and/or wad, far fvcidenal or consequential damages, and that no such infuriation be made in favor of the Seller with respect o any goods which are the Sellers standard stock. No sunk Retaliation shall relieve the Purchaser or the Seller crony ofmelr obligations as W any goods delivered hereunder- 2 CLAIMS FOR ADJUST MEN 1. Any claim for adjustment must be asscred within thirty T(H days from the date the changer or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller wa.ms that ill Goods sold hereunder shall have been produced sold, delivered and famished in ,met compliance with all applrable laws and regulations to w hon the goods nu subject. The Seller shall execute and deliver such docunnents is may berequ ed to effect or evidence compliance. All laws and regulations required to be intentional in alp, ants of this character are herby incorporated herein by this reference.'Ihe Seller agree indemnify and hold the Purchaser harmless Wm all costs and damages suffered by the Purchaser as a result of the Sellers failure 1, comply with such law- 9. ASSIGNMENT. Neither parry shall assign, tramiur, a convey this order, or any monies due or to become due hereunder without he prior written consent of the other parry. 10-TITLE. The Seller warrants full, clear and....rimed life 10 the Purchaser for all equipmem, maeackly and items furnished in permornmee of this agm nan. lice and clear of any and all liens, sorictions, reservations, securry inhered encumbmnns sad claims ofather,. The Seller shall release the Purchaser and in mnhacros ofany tier Cmm all liability and claims of any nature resulting from the pnformance of such work. This roles, shall apply ran in the went of fault of negligence of the party aleused and shall extend m the directorsofficers and nnp,oyecs ofluch party. The Seller's centennial obligations, including wmanly, shall not be deemed to be reducal, in any way, because such work is Performed or caused to be performed by the Purchaser. 14, PATEN r S. Whenever the Seller is required to use mry design, deice, material or process covered by lerea, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by n own of the use of such performed design, device, material or protest it correction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by resin of such Temperment at any time dmlng the prosecution or after the completion of the work. In eau said equipment, or any pan thereof or the intended use of the goods, is in such suit field or conshlmm infrfngavnl and the use of said equipment or pan is enjoined, the Seller shall, m is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mninfringing, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmacc for any of the Sellers prOpcmy or business, this order may fonhllm be canceled by the Purchaser, w,,hour liability. IT, GOVERNING LAW. The definitions of teens used or the interpretation of the ,cement .it the rights of all parties M1ereundcr shall bt onstruN under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases when the Seller is to perform work hereunder, including the services ofSellem Repmantative(s), on the premises ofolleas 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Shcels own lark until the same is Lilly completed and accepted, and shall, in u of any accident, destruction or injury to the work end/or materials before Sellma fins, completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When materials and equipment are furnished by orbs, for installation or auction by the Seller, the Seller shall receive, unload, sore and handle same a1 the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order, IR INSURANCE. The Seller shall, at his awn expense, provide for the payment of warkcrs compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase oNer, and/or m their dependents in accordance with the laws of the mate in which the work is to be done. The Seller shall also wary comprehensive 6chrom liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofat least 5300,000 for any one person, S50(bil for any Pro widen and property damage limit per accident of S400,000. The Seller shall likewise require his connacmrs, if any, In provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work Pan, the prcmiwa of others, the Seller shall furnish the PurcM1aur with a commode that such compensation and insurance have been provided Such wmifiwtes shall specify the date when such compensation and Insmence have been provided. Such eenificates shall specify the dare when such compensation and in expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire insurance is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire re,proulality and liability for any and all damage, loss or injury of any kind or nature is menerveir to puccoure, or pmperty caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless he Purchaser and say r all of the Purchasers officers, agents and employees from and again any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to pews r property to which @e Purchaser may be put or subject by reason of any act, action, neglect, omission ter default on the pan of thc Seller, any of his comramors, or any of the Sellers or cmOaaors officers, agents or employees In case any a." or other procurears shall be brought apinum the Purchaser, or its offers, agents or employees at any time account or ititstheir reason of any act, r sip oyasneglect, afters r . t default of the Seller any of his the dators or any of and or thelr 005cem, agents or c1laA own as aforesaid, the Seller hereby agrees ce assume the es and then ex and P. any an the some at the Sellcm own expense, P.b pay any and all ......a Par h rm, orPn.m,y, any and other expenses any end all judgments that may be incurred Th,,by or endings, and the Purchaser or any of its or their upon or oeuvre or employees I. such suits or other proceedings and in case judgment or other lice be ,,need upon , obtained against the, came he Purchaser, or elsaid amissinOr geasa given bsuchsuiteorotherproceedings, the Seller will al once cause the tan¢ a.bedisw,vW and discharged by giving bond a Otherwise.othe The Shcn and his dents contractors shot lake all war a precautions, furnish and Inmal, safety Guards ed, butt far the prevention hof e mammon comply with all laws and regulations with rcgdn to sfcry included, but without limitation, rM1e Octupatlonal Safety and Health Act of 1970 and all rules and rcgulmiuns ismed pursuant [M1erefo. Revised 03/2010