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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9121190Fort of PURCHASE ORDER Date: 02/28/2012 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS Colorado 80525-1007 PO Number Page 9121190 �ofz 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: 02/28/2012 Buyer: ED BONNETTE Note: PER QUOTE #58282 DATED 2/13/2012 FROM RICK THEIS. Line Description Quantity Ordered UOM Unit Price Extended Price 1 CHECK POINT BASE SUPPORT TERM: 2/28/12-2/28/ 13 1 LOT LS 7,599.00 2 CHECK POINT BASE SUPPORT PREMIUM SUPPORT/SOFTWARE SUB 1 LOT LS 15,899.00 3 CHECK POINT -IPS BLADE SMART DEFENSE 1 LOT LS 2,786.00 4 IPS BLADE FOR HIGHAVAILABILITY SMART DEFENSE 1 LOT LS 2,230.00 Total $28,514.00 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:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fort Collins is cnc tint from into and local taxes. On, Excntptian Ntamh,c is 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000557 is registered with the Collector of Internal Revenue. Denver, CNondo (Ref Colorado Revised Statutes 1973. Chapter 30--26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, cithcr when shipped or due to defects of damage in transit. may be mmmcd to you for credit and arc not to he replaced except upon receipt of written bo motions from the City effect Collins, Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, IL NONWAIVER. Failure ofthe Purchaser to insist upon strict performance ofthe Iemx and conditions hereof. faihtre or dday to exercise any rights or remedies provided herein or by law, failure to pmmpdy notify the Seller in the event of a breach, the acceptance of or payment for goods herennder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right critic purchaser to insist upon strict perfommanco hereof or any of its rights or remedies as to any such goods, regardless of when slopped, received or accepted, as to any prior or subsequent default hereunder. Tier shall any rommcd oral mndi ficition or rose ission of th is purchase order by the Purchaser operate as a cwaiver of any of the terms hereof. Final Accepanec. Receipt of the merchandise, services or equipment in response In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in circuit economic practice, overcharges resulting from amttmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedams, violations are in fact borne by the Purchase, Theretofore, for good cause and as considcromn for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may cm, have or hemaher Freight Tears. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St_ Fort Collins. CO 90522, unless acquired under federal or state antilm,l laws for such overcharges relating to the particular eoods or services Otherwise specified on this order. If pcmuis,ion is given to prepay freight and charge separately, the original freight perchosed or required by the Purchaser porseaut to this purchase order_ bill must accompany invoice Additional charges for packice .will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts Of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall Fracture at sellers sole cost all necessary permits, certificates and licenses required by all applicable Inns. regulations, ordinances and Titles ofthe state, municipality, territory or political sufalivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the .work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by the. by reason Of an assured to established violmion of any such laws, regelinice, ordinnnces, odes and requirements. Authoric Lion. All panics to this contract agree that the representatives arc, in fact, brain fide and possess full and complete authority to bind said panics. LIhIITATION OF TFRMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additimnnl terms and conditions annexed hereto or incorporated herein by reference_ Any additional err different terms and conditions proposed by seller arc objected to mud botchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted, Time is ofthe essence. Delivery and performance .,or be cffiewd within fire it.... stated on the purchase order and the docu mu s attached hereto. No acts of the Purchasers including, without limitation, acceptance nfpacicl late deliveries, shall operate is 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 efplaeing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes net reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of -God. acts of civil or military anthoitics, governmental priontics. fires. strikes, tend, epidemics. ciao, or Tints 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 side cry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, aticles, materials and work covered by this order will confnmm with applicable dnwine,, specifications, samples and/or other descriptions riven, will be fat for the purposes intended and perfnmmed with the highest degree of care and competence in accordance with accepted standards far stork of a similar nature. The Seller agrees to hold the purchaser harmless from any loss damngc or expense which the Purchaser may suffer or incur on account Of the Sellers breach of warranty. The Scllcr shall replica, repair or make good, without cost to the purchaser, any defects or faults arising within one U I year or within such longer period of time as may be prescribed by law or by the fear of any applicable wamnty, provided by the Seller after the date of acceptance of the goods furnished hereunder (,acceptance not to he unreasonably delayed). resulting from imperfect or dcfcctive work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall ram eonstimte a waiver ofany claim tinder this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ill damages prnximntcly caused by the breach crime ofthe fnrcgoing wanrantic, or guarantees. but such liability shall in no event include loss of profits or loss of rase NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tennis by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaur may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dacvings, by verbal or cwrinen change order. If any such change affect the anment due or the time ofpcTfomiance hereunder, an equitable adjustment shall be made. 6. TERM (NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all sections of the goods then not shipped, subject to any equitable adjustment between the panics is to any work or materials then in pmgras provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Furnace of the goods and/Or work, for incidental or consequential damages, and that no such adustamot be made in favor of the Seller with respect to any good swhieh are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller array of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change Or termination is ordered. 8. COMPLIANCE WITH LAW, The Seiler warrants that all guotts sold hereunder shall have been produced. sold, delivered and foraw ed in strict compliance with all applicable laws and regulations to which the goods are subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations acquired to he incotpoated in agreements of this character are hereby incorporated herein by this reference, The Seller agrees to indemnify and hold the Purchaser hnmde: s from all costa and damages suffered by the Purchaser as a result of the Seller, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder withal the prior written consent ofthe other party. 10, TITLE. The Scllcr wamnts fell, clear and unrestricted title to the Parch,ascr for all equipment, material,. and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, rescrwatioa5, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchnser directs the Seller to correct nonconforming or dcfcctive goods by a date to be agreed upon by the Pumha,c, and the Shceq and the Seller Ihereafer indicates its inability or unwillingness to comply, the Purchaser Tory cause the work to be perfommd by the most expeditimts means available to it and the Seller shall pay all costs associated with such work. The Seller shall rdcnsc the Purchr er and its contractors of any tier from all liability and claims of any namrc resdting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released red shall extend to the directors, officers mad employees of such party. The Seller's cont racanl obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is redo maed or caused to be performed by the Purchaser. I4. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost, expense or danage which it may he obliged to pay he reason ofsech infringement at any time during the prosecution or after the completion of the work. In case said equipment err anv part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its amen expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringiag. 15. INSOLVENCY. If the Seller shall bccmae insolvent or bankort, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by fire Purchaser without liability. I (r GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the Incas of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to permen work hereunder, including the services of Scllcrs Rcprescnative(s), an the premises ofnthcrs. 17. SELLERS R F,SPONSIBI LITY, The Set her shall carry on said work at Seller's non 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 .,it at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, are Scllcr shall reecice, unload store and handle same at the site and become responsible therefor as though such materials mtd/or 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, and/or to their dependents in accordance with the laws of tire slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property damage lied per accident Of S400,000. The Seller shall likewise requite his contractors, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors enmioyca shall do any work open the premises of others, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have beam provided. Such ecrnfi,itcs shall specify the date when such compensation and insurance have been provided. Such cctificam, shall specify the date when such compensation and msurneve cxpircx. The Seller agrees that such compensation and insurance shall be maintained until Trier the entire work is coradood and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herebv assumes the entire responsihility and liability ter any and all damage. loss or injury of any kind or nature whatsoever to persons Or property caused by or resulting from the execution ofthe cork provided for in this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all clients, loss,,. damages, charges or expenses. whether direct or indirect and whether to persons or property to which the Pumas er may be put or subject by reason of any act, action, neglect, omission or default on the port 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 shall he brought against the Purchaser, or its OBiecrs, agents or cmpleyccu at any time on account or by reason of any act, action, neglect, omission or default of the Seller cf any of his contractors Or any of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to acsanm the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys Ica 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 err obtained against the property of fhc Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at Once erase the same to be dissolved and discharged by giving bond or othcnvise. The Seller and his contractors shall take all safety precautions, furnish and install nit guards necessary for the prevention of accidents, comply with all laws and regulations pith regard to safety including, but without limitation, the Occupalianal Safety rand health Act of 1970 and all odes and regndatinns issued pursuant Iheteht. Revised 03/2010