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HomeMy WebLinkAbout473571 DIRSEC INC - PURCHASE ORDER - 9141661Fort Collins Date: 03/2012014 Vendor: 473571 DIRSEC INC PO BOX 6247 BROOMFIELD CO 80021-0005 PURCHASE ORDER PO Number Page 9141661 left This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 03/19/2014 Buyer: DAVID CAREY Note: Line Description .,.,....... rOrdered UOM Unit Price Price t NETWORK CONSULTING AND ENTERPRISE FIREWALL UPGRADE f�SiltillF Per Network Consulting Proposal#: City of Fort Collins-06 dated 03/18/14. 3,840.00 Description of Work: DirSec will upgrade Check Point SamartCenter and address SmartView Reporter issues. Not to exceed price. Based on twenty-four (24) hours of consulting at a rate of $160 per hour. 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 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 exemption. By statute the City of Fort Collins is exempt from sum anal local taxes. Our Exrmpdon Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60100582 u registered with the Collector of Failure of the Purchaser to insist upon stria performance of the teats and conditions hereof, filets, or delay W Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, roe acerithrom ofor payment fan good hereunder or approval ofer design, shall not release the Sella of Good Rejamed. GOODS REJECTED due m failure to is specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order road shall not be deemed a waiver of my right of the damage in =real, may be resumed to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon inner pert se heresfor any of its rights or remedies as to any such good, regardless instructions from the City of Fart Collins. of when shipped, received at accepted, ces to any prior or subsequent default hereunder, am shall any puryond oral modifiwlion or rescission of this parehme order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City, of Fort Collins inspection on arrival. hcreaf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Co, of Fort Collins. Hirwaia, it is to be understood fat FINAL Seller and the Purchaser recognize Out in actual economic practice, overcharges resulting fmm antitrust tgood ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure. violations art in fact home by the Pumh sm. Tberemf ifor cause and as consideration for exerting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may tow have or hereafter Freight Terms. Shipments must be F.O.B., City of Fart Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on his order If permission is given an prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distriburing points in various pare, of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be, deducted from Invoice when shipments art made from Station distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses command by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjuoisdiction over doe work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, roles anal requirements. Authorization. All parries to this amino agree Char the fi roverei ivi s are in fact, Now fide and possess full and omplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein set forth and any supplementary or additional terms and candidates annexed hereto or microcoded herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to once on your promised delivery dam m noted. Time is of the essence. Delivery and perf smmnce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event army 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 for damages. Hoover, the Shccr, shall not be liable for damages as a result of delays due so causes not reawnably foramable which arc beyond its reasonable romol and without its fault of negligence, such se. ufGd, acts fmil or military suthonties, gnorenmmtal priorities, liras, strikes, food, epidemics, wars or nets provided shot notice of the conditions causing such delay is given to the PurWser within five (5) days of the time when the Sella first received knowledge therm[ In the evenl of any such delay, the time of delivery shall be extended for she penal egml to the rime aramt, Ian, by reason of she delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or office descriptions given, will b< fit for the purposes amended, and Performed with the highest degree of care and competence in accaNance with accepted standard for work of a similar ware. The Seller agrees to hold the pumhour harmless from any Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wurmnty. The Seller shall replace, repair or make good, without cost 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 mmms of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not omeitum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damagm proximately caused by the breach of any of the foregoing waeraithes or gmouraces, but such liability shall in no even include loss of profits or loss 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 terms by coven change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes as the rams, other than legal memo, including inklaram to or deletions fmm the quantities originally ordered in the specifications ce do amp, by verbal a, women change order. If any such change afficas the amount due or the time ofpafomume hereunder, an equitable djmtmenl shall be made. 6. TERMINATIONS. The Purchaser may at any time by wTlnen change aides, terminate this agreement as to my or all portions of the goad then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchases shall not be liable for coy claims for anticipated profits on the uncompleted portion of the gods and/or work, for incidental or m rsequential damages, and that no such adjustment be made in favor of the Seller with respect to any goad which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for djmtmed, most be asserted within thirty (30) days from the date the change or termination is milmed. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Monistical in series compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such doenmma m may be required to alien or evidence compliance. All laws and regulation, required to be, incorporated in ii,ammena of this character are hereby inmrpomted herein by this ref.. The Seller agrees so indemnify and hold the Purchaser hamolas from all costs and damages suffered by the Foreman as a resah of the Sellers failure to comply with such few. 9. ASSIGNMENT. Neither pray shall resign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wrinen meant ofdm other Prof. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for al I equipment, materiels, and items burnished in performance of Nis agreement free and clear of any and all liras, restrictions, reservations, security interest cncumbrmca and claims ofoehers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a date m be agreed upon by the Purchaser end the Selleq and the Seller thereafter indicates its inability or unwillingness ro comply, the Plucbasm may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all cents associated with such work. The Sella shall Neese den purchaser and its contractors of any net from all liability and claims of any nature moulting from the perfarmanese of such work. This release shall apply even f the event of fault of negligmec of the parry released and shall extend as the directors, officers road employees ofsuch parry. The Sellers commercial obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. 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 fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said cluipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said eq.ipm<n or pan is enjoined, the Seller shall, err its own expewe and in its option, either pmcom for the Purchaser the right to continue using said equipment or parts, replan the same with substantially equal hot nonimHnging equipment, ar modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insohent or band pt, make an msignment for the benefit of cv ditors, appoint a ra<iver or assume fan any of fie Sellers prolarny or business, this order may forthwith ha canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oft,. usd or the interpretation of Om agreement and the rights of all panics hereunder shall be comtrued under and govcmed by Oie laws oft State ofColomdu, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hemanda, including the satires of Sellers Repmartative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work an Seller's own risk until the some is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work =War materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, attend. store and handle same at the site and become responsible therefor res though such materials aasVor equipment were being furnished by the Seller audit, the under. 18. INSURANCE. The Sella shall, at his own expense, provide for the paymrn, of wmkars compnssalioa, including occupational disease benefits, to its employers employed me or in combustion with the work covered by this purchase order, uWor to their dependents in aamdance with the laws of the stare in which the work is to be done. The Sella shall also terry comprehensive general liability including, but rot limited to. announced and amomobile public liability imumnce with hMily injury and death limits of at least S300,000 for any one person, SSW,OW for any one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his controcions, if any, to provide for such compereLion and insurance. Before any of the Sellers re his connadon employees shall do my work upon the premises of others, the Seller shall fumuh the Purchaser with a cenificate that such compensation and insurance have been provided. such anifestes shall specify the dare when such compensation and insurance have been provided. Such cenificates shall specify the dale when such compensation and insurance expires. The Sella agrees that such compensation and inurance shall ha maintained not afer the entire work is completed and accmled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution oft work Provided for in this purchax order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchaers offices, agents mud employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pmcbmer may be put or subject by reawn of my act, action, neglect, omission o, default on the pan of the Sella, my of his comments, a my of the Sellers or connectors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its ollic<u, agents or employees in my time an amount or by reacon of my act action, neglect, omission or default of the Sella of my of his contmnoes or my of its or their officers, agars or employees as of id, tha Seller hereby agrees to assume the defense thereof and is, defend the same at the Sellers own expense, to any any and all costs, chaBo, anomrya f and other expenses, my and all judgmenrs that may Inc, incur d by or obtained against the Purchaser or my of its or their officers, agents or employees in such was or other promotion, and in case Pilgrims or other lim be placed upon or obtained against the property of the purchua, or said parties in in m a result of such suits or other proceedings, she Seller will at mitt cause the same to he dissolved and diuhmged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and imull all Stands ma wsory for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimboo, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereat. Revised OM010