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HomeMy WebLinkAbout473571 DIRSEC INC - PURCHASE ORDER - 9141652PO PURCHASE ORDER 914165er Page C1171 of PURCHASE 9141652 + of z ' `t Collins Ins This number must appear ` \.I ` 1 1�7 on all invoices, packing sli s and labels. Date: 03/20/2014 Vendor: 473571 Ship To: MIS DIRSEC INC CITY OF FORT COLLINS PO BOX 6247 215 N MASON, 3RD FLOOR BROOMFIELD CO 80021-0005 FORT COLLINS CO 80524-4408 r� Delivery Date: 03/18/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2200 NEXT GENERATION FIREWALL 1 LOT LS 8,809.92 APPLIANCE-QTY (3)-One YearTerm Per Line # 1 of Quote# FtCollins Check Point 021014 z CHECK POINT SUPPORT 1 LOT LS 1,493.04 ENTERPRISE BASED -One Year Term Per Line# 2 of Quote# FtCollins Check Point 021014 Citv IT Contact: Krvste Korf-Bartsch 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 Total $10,302.96 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terns and Conditions Page 2 of 2 1. COMMERCLV.DETAILS. Tax exemptions. Bysome the City of Fon Collins isexemn form slate and local taxes. Om Exemption Number u 11 NONWAIVER. 98-04502. F,aal Excise Tax Exemption Cmificate of Registry g4-6000587 is register, with the Collector of Failure offe Porshaser to ins6r upon strict penf.manee ofthe terns me conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised SMWM 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein m by law, failure to promptly notify the Seller in no or of a breach, the mcepanc, of or Payment for goods hereunder or alarmist offe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the wananties or obligations, of this purchase order and shall not M deemed a waiver of any right of the damage in ,mnsiq may M remmed to you for amend, and ace not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofa any of its rights or remedies M to any such goods, regardless instructions from the City of pan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml m,ification or rescission of this morhase, order by fe Purchaser operate M a waiver of any of the teens Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response m this We, can null in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised paymenr on the pad of the City of Fan Collins. However, it is m M understood that FINAL Seller and the Purchaser smognise that is actual a is practice, overcharges reacting from antitrust n ACCEPTANCE is depedent upon completion of all applicable "me d inspctim procedures. violations are in fact home by the Pureed . Theretofore, forgoad come and M consideration for executing this purchase maker, the Sella hereby assigns ,o the Purchaser any end all claims it may now have or fortune, Freight Teens. Shipments most M F.O.B., City of Fan Collins, 700 Wood St., Too Collins, CO 80522, unless acquired under federal or stem act., lax, for such mxreharges .[.it, to the moieriar goods m services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this purchase order. bill most accompany invoice. Additional charges for packing will not be mecpted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mxnafaaurers have distribufing points in various pans of the country, shipment is Ifthe Purchaser directs the Sellato eldest nonconforming or defective goods by a date to M agreed upon by the expected from the nearest distribution point to deduction, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments me made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Perturb, Sella shall proace err sellers sole cost all necessary permits, certificares and licenses "Wred by all applicable laws, regulations, ordinances add rules of the state, municipality, crtio ry or political subdivision whee The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any ratue the work is pesformed, or rtquimi by any artier duly ruminated public authority having jurisdiction Ma the work molting from the performance of such work. of v.do,. Seller further ages to hold the City of Fort Collins harmless final and against all liability end loss incurred by them by reason of an acceded or established violation of any such lows, regulations, otdvances, rules This release shall apply even in Ore event of laud, of negligence of de party released and shall emend to me and regulation.. directors, officers and employees of such many. Auf.ricarson. All panics to this contract agree Oral the representatives are, in fact, bona Safe and possess full and The Sellels contactml obligations, including warranty, shall not M decided to M reduced, in any way, because complete authority in bind said padies. such work is performed or caused to M performed by the Purchaser. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the rems and conditions stated herein set forth and any supplementary or additional terms and conditions annexed harem or incopo ale l herein by deference. Any additional or different tam,, and conditions proposed by seller are objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your promised delivery date M noted. Time is ofthe essence. Delivery and paramount, mutt be effected within the time stated an the purchase order and me dacumvnb much, hmm. No acts of the Purchasers including, with.., limitation, acceptance ofpuual lam deliveries, shall cosmic M a waiver of Nis provision. In the event of any delay, Me Purcha er dull have, in addition mother legal and equitable remedies, the option i fplacin, this order elsewhere and holding the Seller liable far damages. However, the Sella shall cot be liable for damages as a result of delays due to same, not masurably foreseeable which art beyond its mossumble control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmeneal priorities, fie,, court, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fen received knowledge thereof. In file event of my such delay, the date of delivery shall be extended for the period pond to the rime actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other descrip,ims given, will M f, for the purposes intended, and performed with the highest degree of care and competence in mcoajance with accepted standards for work of a milar nature. The Seller agrees to Mid the p utdower harmless fiscal any loss, damage or expense which the Purchaser may suffer m incur an account of the Sellers breach ofwaeaaty. The Sella shall replace, capacitor make goad, without an to me puchvser, any defect or faults arising within one (1) year or within such longer period or time cas may M prescribed by law or by the cams of any applicable warmnry provided by file Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delay,), reacting from imperfect or defective work done or marmals famished by the Seller. Acceptance or use of goods by fire Purchxsf shall not constitute a waiver of any claim under this wacanry. Except as otherwise provided in this purchase major, the Sellers liability hereunder shall varied to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits err lass 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to Oe term, other than legal foods, including eddidom to or deletions fmm the glanders originally orderN in tM specifications or drendn,, by valued err women change under If any such change affects the amountman due or the time ofperforce hereunder, an equitable adjustment shall M node. 6. TERMINATIONS. The Purchaser may at any time by written change order, hurricane this agreement M to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods Mi work, for incidental or cmaquemlal damages, and that no such adjmtmrnt be made in favor of the Seller with respect to any gwd which arc the Sell. standard stock. No such foundation shall ,dime the Purchase, or the Sella of any oFm i, obligations m to any good delivered heeunda. T. CLAIMS FOR AD3USTMENFE Any claim fen col autacat must M asserted within don, (30) days fmm red date fire change or reanimation u ordered. S. COMPLIANCE WITH LAW. The Seller worrants that all good sold hereunder shall have been produced. sold, delivered and famished in slat compliance with all applicable laws and egulatiom to which the goods rare subject. The Sella shall execute and deliver such documents M may be required to effect or evidence compliance. All laws and regulations required io be formulated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless fmm all vests and damage, surtered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, many monies due or to become due homemaker without the pries, written emrsenr of the other parry. 10. TITLE. no Selltt wadms fall, char and umestrimed dide,o the Purchaser for all quipmmL materials, and it. famish, in perfomr a of do, agreement, f and char of any and all liens, formations, nervations, security interest encumbrances and claims ofofess. 14. PATENTS. Whenever the Salle is required to use any design, device, material or pmmss covered by letlem Form, tmdemnrk r 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 c.nnamim with me comma, 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 eau said equipment or any pod thereof or the intended use of the goods, is in such it held to constitute infringement and Oe rue of said equipment or pan is enjoined, the Sella s1u0, at its own expense and at its option, either procure for the functional fire right to continue using said equipment or parrs, either the same with substantially equal but coninfringing equipment, or modify it so if become aoninfnnging. 15. INSOLVENCY. If the Seller shall bmame, insolvent or bmrkmpt make an assignmenl for the benefit of creditors, appoint e receiver car frove for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions affairs used or the interpretation ofthe agreement and the rights troll parties hemundn shall M comwed under a, gove,ned by due laws of the State ofColomdo, USA. The following Additional Continues apply only in cases where the Sella is m perform work hereunder. including the services ofSellm Ropesenmtive(s), conterminous of.thers. 17. SELLERS RESPONSIBILITY. The Sella shill any on said work err Seller's owes risk ..,it the same is fully completed and accepted, and shall, in au of any accident, destruction or injury to the work andtor demands before Selle(s Unit completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. Whom materials and equipment are famished by others for installation or match by the Sella, the Sella shall receive, unload, score and handle same at the .,at and become responsible therefor as though such todettms and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn express, provide for the payment of workers compensation, including occupational disease Maefts, to its employees employed on or in connection with the work covered by this pumhnss oNer, andlm to their dependents in accordance with the laws of the state in which the work is m M do=. The Sella shall alas carry comPehersiva genml liability including but no, limited us, contractual and smmabile public liability insurmare wit Why tnjmy and tram limis ofm least Sm%000 far any one person, 5500.000 for any one accident a, property damage limit per accident of S40gIXq. The Seller shall likewise require his carrommon, if any, to provide for such compen lion and insurance. Before my of Me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a catifiwm that such confirmation and insurance have Man provided. Such cedifcmas shall specify the date when such compensation and insurance have been provided. Such wtiticates shall specify the dots when such compensation and insurance expires. The Seller 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 Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or worn whmsoevena persons or property caused by or moulting Boom to execution offe won provided for in fis purchase order or in connection herewith. The Seller will indemnify and hold hamrless the Purchaser -and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether m persons or Property ro winch the Purchaser may M put or subject by eaten of any act action, region. omission or default on the pan of file Seller, any of his confusion, many of the Sellers or comments oRcm, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oficea, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or ,heir officers, a,cuts or employees as afressid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, in pay any and all costs, charges, mtomeys fees and offer expenses, any and all judgdom that may M 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 offer lien M plead upon or obtained against the pcapeny, of file Purchaser, or said podia in or as a result of such suis or other proceedings, the Seller will at once cause the some to M dissolved and discharged by giving Must or otherwise. The Seller and his contractors shall take all safety pecautions, famish and install all guards nttessary for tM Formation of accidents, comply with el laws end regulations with regard to safety including, but without limimdon, tM Occup,imal Safety and Health Act of 1970 and all off. and ragulmi.ns scared pommnt harm. Revised 032010