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HomeMy WebLinkAbout491862 TOTAL NETWORK SUPPORT - PURCHASE ORDER - 9115151Fort Collins Date: 08/31 /2011 Vendor: 491862 TOTAL NETWORK SUPPORT 2937 W ROWLAND AVE LITTLETON Colorado 80120 PURCHASE ORDER PO Number Page 9115151 1of2 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: 08/31/2011 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I UPS & PDU SYSTEM UPGRADE CITY HALL WEST 1 LOT LS PER TERMS AND CONDITIONS OF BID 7269 QTY 1 T90S3S10KS6XSN 100KVA/90KW G9000 SERIES UPS SYSTEM QTY 1 T90-10K027EN-VC MATCHING BATTERY CABINET WITH ENERSYS HX505-12 BATTERIES CITY 1 T90MBSS10K-S3KS SLIM MAINTENANCE BYPASS CABINET QTY 1 UPSSTARTUP100G9 SYSTEM STARTUP QTY 1 CYBEREX BRAND POWER DISTRIBUTION MODULE II SERIES PDM-II P/N PDM362-120AAAAAI- A010A-A101I PDU WITH TRANSFORMER DELIVERY TO 300 LAPORTE STREET, 80524 AND UPS MUST BE REICEVED BY SEPTEMBER 9, 2011 AND PDU BY SEPTEMBER 23, 2011 City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over 55000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 5B0, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221.6707 Email:purchasing@fcgov.com 64,800.00 Total $64,800.00 Invoice Address: Ctty of Fort Collins Accounting Oeparbnertt PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By more the City of Fat Collins is exempt from sure and local axes. Our Exemption Number is 11. NONWAI V ER. 98-0d502. Federal Excite Tax Exemption Cmifrcate of Registry 84-6000597 is regional with the Collector of Failure of else Purehlon To insist upon mica performance of the a. and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (RCE Colorado Revised Stamen 1977. Chapter 39m26.114 (a). exa raise any rights or remedies pmvidd herein or by law, failue to promptly notify rite Seller in the event of a breach, the acceptance ofar paymrnr fa goods hanunda or approval of nhc design, shall not release The Sella of Goods Rx*rd. GOODS REJECTED due an failure to men specifications, either wden shipped or due to defttu of my of the wartaaties or obligations of this purchase, order and shall not be deemed a waiver of any right of the damage, in omit, may be retuned to you far credit end am era an be orphaned except upon tassipt of written Purchaser to insist upon strip performance hamfor any of its rights or readies as to any such goods, repolless instructions fmm the City of Fan Collins. of when shipped, received or accepted, as in any prior a subaqucn, dcfauh hereunder. era shall any pmand and modification or mscission of this purchase order by the Purchaser cosmic as a waiver of any of the terms limitation. GOODS art subject to the City of Fan Collins inspection on ataiva]. hereof. Final Acceptance. Receipt of the merchandise, scram or equipment in response to this aner can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhori ed payment on the pert of the City of Fort Collin However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual notable practice, overcharges resulting From antitrust ACCEPTANCE is depndcm upov canphrim of ail tpplcable requited impantim procedrrs. violations arc in fret home by the Purchaser. Thera room, for good cmae and of consideration fa executing this purchase order, the Sella hereby assigns to the Pumbax er vary and all claims it may now have or hemmer Freight Tema, Sh'materns ram be F.O.B., City of Fort Conies 700 wood SL. Fen Collin CO 80522. unless acquired under fbleal or sate antitrust laws far such nanchargn telming to The pmicular goods or sev(ces otherwise specified an this order. If permission is giant TO prepay height and charge sepanaely, the original Geight purchased or acquired by the Purchaser pursuant to this punhsm order. bill must accompnY invoice. Addhioml charges for packing will s, be soaped. 15. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where ttramrfacrvnn have distributing points in varriats parts of The country. shipment is If the Purchnserdints the Sellerin.1 nonconforming or defmicegaadt by a date to be agreed upm by the expected from the nearest distribution point to destination. and excess fnigN will be deducted form Imaice when Purchaser and the Seller, and the Seller therea0er indicates is inability or unwillingness to courply, the Purehasa shipments are made from greater disaac. may eanse the work to be performed by the mat expeditious means available to it, and the Seller shall pay all costs associated with such work. Pemhs. Sciks shall procure at seJim sole cast ell necessary p.mim. cmifcatem end lic. required by all appicatbk has rtgulmots. ordimnccs cad adca of Uc sure. manic paliry. tertiary ar political subdivision where the weak is performed. Or required by mynah" duly nominated public authority havingjurisdctioo over the work of wader. Seller Father apes in hold the City of Fort Collins hsrmlm from and against all liability and loss incurred by than by mount of an assmod or established violation of any such laws, regulation oNir mom, min, and nquircmcnn Authoritarian. All Purim to this contract agree that the representatives an, in her, berm fide and posam full and complete auheriry to bid said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated basic an forth and any mpplace ntary or add'nierul terms ad conditions annexed hereto or incorporated herein by refora r. Any additional or different sane and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make cesple c shipment to arrive an your promised delivery, date as noted. Time is ofthc canna. Delivery ad performance muse be effected within the time cured on the purchase ode and the documents a tatmed herein. No aces of the Purchasers including, without limitation, accentane ofpnmal lac dcliwvrin shall opmu as a waiver or this Provision. in the eval of any delay, the Purchaser shall have, in addition to other legal and equitable renwdies, the option ofplacing this Oder elsewhere ad holding the Scl Let liable rot damages. However. the Sella shall tad be liable fen damages ss a result of delays due TO muses nor reasonably foresenble which arc beyond in reasonable cmml and without its fault ofnegligenco. such acts of Gad sen ofcivil or military authorities, governmental priorities, rites, strikes. Bad. epidemics wan or riots pwvidd that some of the conditions musing such delay is given to the Purchaser within five (5) days of the rime when the Seller Gras received knowledge thamE In the next of any such delay, she date of delivery shall be extended fa the period equal TO the time actually dos by,usnn of the delay. 5. WARRANTY. The Seller warrants that all goods snicks. materials end wart covered by this Order will conform wish applicable duwings, spcification samples adlor other descriptions given, will be fit fa the purposes intended. and perforrod with the highest degree of rare and compaerate in madame with ass ep,cd standards for work of a similar erasure. The Seller agrm to hold the purchaser himim fmm any loss damage or expeme which the Purchaser may suffer or incur on accons ardor Sellers breach of wvmmy. The Sella shall replace, repair or make good, without coat to The purchaser. my defects or faults arising within otc (1) ynr or within such longer period of time as my be prescribed by law or by the tcmu of any ggliable waravry provided by The Seller aver The time of acceptance of the goods furnished h.eutds, (aarpnnce era to be unreasonably delayed), onathing Firm imperfect or definitive work dram Or matalah formed" by the Sella. Acsapsnee or use of goads by The Purhaan shall Out Tons; rate a waiver army claim under this warranty. Except as otherwise providod in this purchase order. the Sellers liability heremder shall extend to d1 damages poaimately caused by the breach of arty of the foregoing warranties or gumsmm but such liability shall in no event include less ofpmfiu or Ina of Toe. 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 under. 5. CHANGES IN COMMERCIAL TERMS. The Ptmda es may make soy ehangm to the mo rm. other than legal terms, including additions to or delnims from the qu thm originally ordered in the ywcifncaries or dmwnp, by verbal or written change under. If any such change affects the amount due a the time of lanfommce haenndes. as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order. temdnate This ageemena as to my at all pattions of the goods then out shipped, s,M. to nny equitable djeaencmn laween ,he pain u to any werk or menials ,hen in progtess prowided that the Purchaser shall era be liable fa any claims fen anticipated profiB on the uncompleted portion of de floods aud/or work, fen incidental or couse.no al damages, and That no such adjustment he made in favor of the Sell. with rapes to any goods which ere The Stress standad stock. No such mrou.stim shall relieve the Purchase or the Sell. of any of their obligations as many goods delivered hereunder. 7. CLA I,MS FOR ADJUSTMENT. Any claim fa adjustment mum he mead within shiny (50) days fmm the doe the change or term inumm is ordered. 8. COMPLIANCE WITH LAW. The Sella wamnm that all goods sold hereunder shall have been produced, sold, delivered and famished in stric, compliance with all applicable laws ad reguain to which the good, see mbjar. The Seller shall execute and deliver mach documents as may be required m effect or nidence compliance. All laws and regulations; required to be incorporated in agreements of this chmama arc hereby inaapnnted herein by this refasocc. The Sella agrees to indemnify and hold the Purchase harmlm from all cmm mud dmeips suffcnd by the Purchaser as a result of the Sellers White to comedy wish curl law. 9. ASSIGNMENT. Neither parry shall assign. inmim orconvey Ibis order. or any amnia due or TO become dot hereunder without the prior written muscat of the other parry. 10. TITLE - The Sella wamnts full, clear and unrestricted title to the Purchaser for all cquiproent. modals, and items famished in performance of this agreement. free and clear of my and all Ilons, restrictions. reservations, security interest combo auces and claims of.hers. The Seller shall release the Purcbaser and its cmbarou of env tin from all liability and claims of any nature resulting from the peritoneum" of.,h week. This release shall apply even in the event of fault of negligence of de prey, related and shall extend to the dirmrm, officers and employees of such pray. The Seller's commctual obligations. including wamsty, shall era be deemed to he mducd, in any way, because such work is performed or caused to be prforntad by the Purchaser. 14. PATENTS. Whmcwr the Seller is required to use my design, device, material or prams covered by Irma, patens. Trademark or copyright, the Seller shall indemnify and save hamlet she Purchaser fmm any and all claims fOr infringemml by reason of the use of such patented design, devia. material or pmcm in coamaion wish the mnnact. and shall indemnify the Purchaser for any cal, expeme Or damage which it nary be obliged to pay by re, son of such infringement al any time during the pmseaion or after the completion of she work. In case said equipment. or any pan thereof or the intended use of the goads. is in such suit held to constitute infringement and the use of said equipment Or part is enjoined, the Scller shall, at in own expense and at its notion, either procure fee the Purchaser the right to connrme using mid equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it bnamm nminfringing. 15. INSOLVENCY, If the Seller shall banter insolvent at bankrupt, make an assignment for the benefit of crdimm. appoint a reciver or mote fen any of the Scllcm property or busies. this order may forthwith be nnalcd by the Pu chow without liability. 16. GOVERNING LAW. The definition of terms used or the interpretation Ore m agreement and the rights of all parties hemrdu shall be mastmod under and gov.nd by the laws of she Sum ofCalocado. USA. The following Additional Conditions apply only in caws where the, Sella is to perform work hereunder. including the services ofSellen Reptmerstatiw(s), on the premises crushers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work as Seller's awn risk until the came is fully completed and accepted, and shall, I. case of any accident. destruction or injury TO the work ad/or materials before Seller's foul completion am acceptance, complete the work at Seller's owe expemse and an the salisfacrum of the Purchase(. When nationals and equipment are furnished by others fa installation or consion by the Seiler, The SNI, shall receive, unload same and handle mrtr at the site ed become responsible demfa an though such materiels ed fa equipment wee being funishd by the Sell. ode she cda. 19. INSURANCE The Seller shall, to his own expense. provide for the payment of workers compcnmaien, including oaupsioml disease boulits. to is employees employed on or in carnation with the work coveted by this purchase nder, ad/a to their dependents in scandance with the laws of due state in which the work It TO be dos. The Sella shall also carry comprehensive general liability including, but not limited to. eommctual and automobile public liability summer with bodily injury and dead limits Oran Jesse S700.00o for any one heron, S50m.0013 fa any cam accident and proprry damge limit per accident of $400.000. The Sella shall likewise regain, his comae ms. ifatry. ro ux ide f such comPrnsarioa and inwaxr. Heron, any of the Sallee or his conrrsmore employm shall do any work upon the premiss of olhen, the Seller shall famish the Purchaser with a eenificne That such mmpcom on and instuana have ban provnled. Such mrifrmtcs shall specify elm dame what such ompenseim and merman. hive been Provided. Such eenifimtea dull xpeciy the date when sons comismax.o and insurance cxpirm. The Seller agrees that such compensation and insurance, shall be maintained until aRba the entire work is completed and acapd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the emits rexpnnsibiliry and liability fa any and call damage. Ina Or injury of arty kind or mom whatsoever to persons or ITT & c. y mused by Or resulting from the execution of The work provided fa in this pmchsse order or in connection hacwith. The Seller will indemnify and hold hermlm the Purchaser ad airy or all of the Purchasers ohms. agent, and employes firms and against any and all clains. lomes, damages. changes or npmn whether direct or indirect, and wheter to persona err pmpeny to which the P.m". may M pm or subject by reason of any tat, action. neglect, omisxim Or default on the pan of nhc Sell., my of his contractors, o, any of The Sellers or cmmctors officers, eScam err employers. In cam very suit or other proceedings shall be brought against the Purchaser, or in oRicum. agents or employees at nary time on account or by onsm of any era, action, neglect, umisaion or default Of the Sell. Of any of his emmetaa ar nary of is a, their officers. agents or empbyves as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came at she Sellers own expense, to pay any and all casts charges, anesneys fears and other expenses, any and all judgments that may be incurred by or obtained egains the Purchaser or any of ht Or their olfcas, agents or employee in such subs or Other procmlings, and in case judgment or other lien be placed upon or obraioed against the property of the Purchaser. Or said parties in or as a wall of such suits or other proceedings. the Seller will at once wave the soma m he dissolved and discharged by giving bond or otherwise. The Sella ad his tentrutan shall Take all mfoy prcessaions, famish and im ill all guards nomu ry for the prcvenrim of accidents comply with all laws and rcgulmims with aged in mfey including, but without limitation the Occupational Safety and Health Act of 1970 and all des and repulatims issued trimmed thereto. Revised 03R010