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HomeMy WebLinkAbout473571 DIRESEC INC - PURCHASE ORDER - 9146674City of FF6rt Collins Date: 11/14/2014 Vendor: 473571 DIRSEC INC PO BOX 6247 BROOMFIELD CO 80021-0005 PURCHASE ORDER PO Number Page 9146674 1of2 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: 11/14/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 GENERAL FIREWALL CONSULT 2015 HOURS (50) 1 LOT LS PER QUOTE FROM LOU RUBBO TO QUENTIN ANTRIM DATED 11/5/14. 50 HOURS X $160/HOUR = $8,000.00; THE FIRST TWO HOURS OF DIRSEC CONSULTING ARE PROVIDED AT NO COST. 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.wnn Total Pay terms net 30 days 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 exemptions. By statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is I I. NON WAI VER. 98-0 503. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is regislped with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance nor payment for goods hereunder or approval offhe design, shall not release the Seller of Grads Rejected. GOODS REJECTED due to failarc to meet specifications, either when abippad or due to defects of any of the warranties or obligations of this purchase mJer and shall rot be banned a waiver of any right or the damage in transit may be notional to you for credit and are not to M replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as Ir any such Bonds, regardless instructions farm the City of Fon Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchaser opcmta ss a waiver of any, of the terms Iapedion. GOODS ate subject to the City of Fall Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipmem m response an this color lam ..It in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fall Collins. However, it is to M understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependenl upon completion of all applicable requiral inspection procedmes. violations arc in fact home by the Purchaser. Theactom e,nfotgood cause and as consideration for executing this purchase ceder, the Seller hereby assign to the Purchauf any and all claims it may now have or hereaner Freight Teems. Shipments must M F.O.B., City of Fiat Collins, 7W Wood St., Fort Collins, CO 80522, unless acquired under federal or auto antitrust laws for such overcharges relating to the particular goods or services otherwise spnifed on this order If permission is given to peryay freight and charge separately, the original freight purchased or acquired by fc Purchaser pursuant to this purchase order. bill must sco mpany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dufbuting pairs in various Was of the country, shipment is If the Purchaser directs the Seller to corrcd nonconforming or deflatno goods by a&te to M agreed upon by the expected from the nearest dvnibulims an in dear, teman, and micas freight will M deducted from Invoice when Purchaser and the Seller, and le Seller femafer indicates its inability or unwillingness to comply, the Purchaser shipment, are made farm grater distance. may cause the work to M performed by the mast expedilues mean available Ir it, and the Sella shell pay all corn ressocimal wif such work. Pamirs. Seller shall procure at sellers sole cost all na carry permits, certificates and licenws minimal by all applicable laws, regulations, ordinances and mles of the sate, municipality, memory or political subdivision where the work is performed, or retained by any other duly nominated public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fiat Collier harmless from end against all liability and loss ,cured by them by mason of an ass.al or established violation of any such laws, regulations, ordinances, mles and requirement,. Anrhorimnon. All parries to this contract agree that the representatives are, in fact, bona ride and possess full and examples authority to bind said parties. LIMITATION OF TERMS. This Purchase Orda expressly limits acceptance to the terms and traditions stated herein set foal and any sumlemmtary or addamical teats and conditions amazed local or iworporated herein by reference. Any additional or different arms and co rdimem proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery date as noted Time is ofthe essence. Delivery and performance most M effected within the time stated on the purchase order and the documents numbed Marc. No act, of the Pearchssorms including, without limitation, competitive ofpanial late deliveries, shall operam as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and aquitable ranalies, the option ofplacing fix order elsewhere and holding the Seller liable for damages. However, the Sella shall Out be liable for damages as a result of delays due to causes rot reawnably bearable which art beyond its reasonable control and without in Ault of negligence, such acts of God, act, of civil or mil itmy authorities,"emmental priorities, fa, strikes, flood, midemis, wars or riots provided fat nofia offe condlOons causing such delay is given l tM Porchucr within five (5) days of the Me whet the Sella fast received knowledge thereof. In the event or any such delay, the date of delivery shall M extended for the peoad rynal In the lime venally lost by reason of fe delay. 3. WARRANTY. The Seller wamann far all goods, articles, mmenals era mark, revered by this order will conform with applicable drawings, speaficatio s, samples andlar other desenptioa given, will M III far the purpm is intended, and ,aftionciall wif the highest degree of care and competence in accordance wif accepted standards for work of a mrda nature. The Seller agrees ro hold the partial haralm from any I., damage or expenses which the Purchaser may affor or room an recount offe Sell. breach ofwartanty. The Sella will MI., repair err make good, without cast l the purchase, soy dcfents or faults ansing within one (1) your or within such longer penad of time as may M restated by law or by fe terms of any applicable wamnty financial by der Seller lifer the date of acceptance of the good fumisbal hercundn (acceptaree act to M manowmbly delayed), awaiting from imperial or defective work done or materials fmishedd by fe Seller. Acceptance in ere of good by the Purchaser shall rat onstitute a waive army claim under this wanande. Except as otherwise provided in this purchase order, the Sellers liability hartudcr shall extend to all damages proximately larval by the breach of any of the foregoing wmrantim or guanmoss, but such liability shall m m event include loss nfprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terra by wnnm change order. 5. CHANGES IN COMMERCIAL TERMS. One Pwchsser may make any .1—m— to me terms, oft, shun legal names, including Wdommas to or delniom fmm the coalition originally ordered in the spceiflations in drawings, by verbal or written change order. If my such change afirn, eta the amount due or the time ofpcNbmv hemanda. an mumble adjustment dull Mode. m 6. TERMINATIONS. The Pmchsser may at my time by wriren change ader, terminate this agreement as to my or all potions of fe good fen not shipped, subject to any aperitif, adjustment between the parties as to my work an materials about in progress Provided that the Purchaser shall not be liable for my claims for anticipated profit, on the unrnmpleted portion of the good andim work, for incidental or comequrmial damages, and that no such adjarmant M made in favor of the Seller wif mspmt to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of my ofthcir obligatiom as b my good delivered hereunder. T CLAIMS FOR ADJUSTMENT. A, claim for ablearrmr must M asened within dirty (30) days from the date the change err termination is ordered. S. COMPLIANCE WITH LAW. The, Sella warrants far all good sold Meander shall have been produced, wld, delivered and famished in suict compliance with all applicable laws and regulations l which the goods are subject The Seller shall extent, and deliver such documents a may M required to effect or evidence compliance. All laws and regulations tra m al to be ncomorated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser hamdess from all mats oral damages suffered by the Purchaser as a result of the Sellers failure w comply wif such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey %is order, or my monies due or to become due hereunder without fe poor, wrium consent of the other patty. I O. TITLE. The Seller warrants Fill, clear and maxameted title to the Purchaser for all equipment materials, and items famished in performance of ants agreement, free and clear of my and all liens, restrictions, reservations, security inters) rncumbrmces and claims of others. The Seller shall ml. the Purchaser end its contractors of any tier firm all liability and claims of any nature mulling fmm be Performance ofsuch work. This release shall apply even in fe event of fault of negligence of the party released and shall extend m the directors, alBcers and employees of such parry. The Settees command obligations, including warranty, shell not be demand to M reduced, an any way, because such work is Performed or caused to M performed by the Purchaser. 10. PATENTS. Whenever the Seller is required to use any design, device, material m process coveted by ]else, patent, trademark err copyright, the Seller shall indemnify and save harmlesstbe Purchuerf any and all claims far infn manot by reason of the use of such planted design, device, material or proem in commerical with the contract, and shall indemnify the Purchma for any cat, expense or damage which it may M obliged to pay by reason of such infringement at any time during drc pnaecution or offer the completion of the work. In case said equipment, in any pan thereof or the intended use of the goods, is in such suit held to comfimre infringement and tM use of said equipment or pan is enjoined, the Seller shall, at its own expanse, and at its option, either procure for the Purchaser the right to continue min, said nluipmrnl or parts, replace the same with substantially equal but nonffnging equipment, at modify it w it Mcomes naninfringing. 15. INSOLVENCY. If the Seller sbell become insolvent or bankrupt, Crake an migrapcnt fat the Mnafil of ans ilm, appoint is preaver or barren for any of the Sellers property or business, this order may forthwif M ealeled by the pmchssn without liability. 16, GOVERNING LAW. The dcf nitioa of tome mud or tM interpretation of the agreement and the rights of all gams hereunder shall M comuual under and govemed by the laws offe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including Use servicesof sellers it'reunutic'Ed. ..be premises c fotlsea. 17, SELLERS RESPONSIBILITY. The Sella shall cart' on said ward, at Seller's own Oak until the same is fully completed end accepted, and shill, in vase of any accident, destruction or injury to the work harbor mateovds before Sellers fall compkfion and wceptmce, complete the work at Seller's own expense and to doe satisfaction of the Purchaser. When materials aM equipment tie fumubed by others for installation or erection by be Sella, dre Sella shall practice, unload, store and handle same at the site and become reformable fcarfor ss though such materials andbor equipment %me being famished by the Seller tractor the order. Ill. INSURANCE. The Scllcr shall, al his own expense. provide for the paMan c f wort. camp,ntsatioa, including compatimal disease bencfn, to it, employees employed on or in connection with the works revered by this purchase order, maker to their dependents in accordance with the laws of the state in which the work is l M done The, Sella shall also carry mmprehemive general liability including. but riot limited m, coaramtml and amamobile Public liability insurance wif bodily injury and death limits arm least S300,000 for any ane p comm, $500,O00 for my one incident and property damage limit per accident of 5000,000. The Seller shall likewise require his commoners. Harty, to pmvide for such compenation and insurance. Before my oldie Sellers or his commcars employees shall der any work upon the premiss of edicts, the Scllcr shall f ish the Purchasa with a anifcare that such compensation and insurance have been provided. Such certificates shall specify the date what such mmpemation and insurance hove been provided. Such c.ificats shall specify sM date when such compensation and insurance expiter. The Sella agrees that web compensation and insommce shall M maintained mtil after the entire weak is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and till damage, loss or injury of my kind or nature whatsoever to persons or properly caused by or resulting from fc cxccufion offe work, provided far in this purchase order or in connection hercwif. The Seller will nationality and hold harmless the Pmchaer and any r all of the Purchasers oRcers, agents and employees fora and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pwom i or Property to which fe Purchaser may be put or subject by crown of any act, relum, neglect, omission or default an the pan of fc Sella, my orbit, contractors, or my of the Sellers or contractors officers, agents or employees. In ease my suit or other proceedings shall ne brought against the Purchaser, or in ofars, agents or employees at my time an account or by rmwn of any act, action, neglect, omission or default of the Sella of my of his contractors of my of its a their officers, agents or employees as afocesnid, the Seller hereby agrees to assume the dcfrtse thereof rid to defend the was at the Sellers own expense, m pay my and all casts, clangs, summers fees and other expenses, any and all judgments that may M incurred by or obtained against the purchaser or my of in or their afters, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said Parties in or as a result ofluch suits or ofcr proceedings, the Seller will at once cause the same to be dissolved and dischar,al by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guard no mory for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant forth. Revised 0141014