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HomeMy WebLinkAbout365107 EPC USA INC - PURCHASE ORDER - 9150000of Fort Collins Date: 01/02/2015 PURCHASE ORDER PO Number Page 9150000 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 365107 Ship To: MIS EPC USA INC CITY OF FORT COLLINS 6463 S PRESCOTT ST 215 N MASON, 3RD FLOOR LITTLETON CO 80120 FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: ED BONNETTE Note: SMARTNET EMAIL SECURITY RENEWALS FOR 2015; PER QUOTE FROM TOM HINCHSLIFF TO JOHN HUSTED DATED 12/1/14. Line Description Quantity Ordered UOM Unit Price Extended Price 1 EMAIL SECURITY APPLIANCE 1 LOT LS 1,134.30 SMARTNET QTY (2) 2 INBOUND ESSENTIALS BUNDLE 1 LOT LS 19,551.00 QTY (1500) 3 SECURITY MANAGEMENT APPLIANCE 1 LOT LS 1,137.15 SMARTNET QTY (1) 4 EMAIL MANAGEMENT SW BUNDLE 1 LOT LS 6,174.00 QTY (1750) Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com PO BOX 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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 PO Number Page 9150000 2of3 This number must appear on all invoices, packing sli s and labels. 1-01.011MV Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 3 of 3 1. COMMERCDU.DEfAI1S. Tax exemptions. By statute the City of For Collins is exempt fora suite and looal and. Our Exemption Number is I I. NONWAIVER. 98451502. Federnl Excise Tax Exemption Certificate of Registry M-6000587 is registered wit the Collector of Failure of the Purchaser to insist upon shies performance of to Irma and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (ReL Colorado Revised Sinuous 1973, Chapter 39 26.114 (a). exerrim say rights in remedies pmvided herein or by law, failure to Promptly rmany the Seller in the event of a breach, the lorrytmce ofor payment for goods herctmder or approval aft, design, shall not release the Seller of Goods Rejected. GOODS REIECfED due to failure to turd specifications, either when shipped or due to deftes s of my Of the warranties or Obligations of this pomhax order and shell ad be deemnd is waiver of any right of the damage in transit, may be retmocd in you for credit nW we not to be «plined except upon receipt of w rten Purchaser to insist upon nrict performance haeofor any satins rights or remedies as to my such goods, regardless instructions Mom the City ofFort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purynned oral modification or rescission of this purchase order by the Purchaser operate ran a waiver of my of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on aMval, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nWhorieed payment on the pm of the Cry of Far Collins. However, it is to be understmd that FINAL Sella and the Purchaser recognise that in lomal a is practice, overcharges mulling fromtimst ACCEPTANCE is depended upon completion of all applicable required inspection procedure. violations are in fact name by the Purchaser. Thernofore,afotr Good dawn and as emsidemtim for cma Ling this P.M. order, the Sella hereby sssigns to the Purchaser my ether ell claims it may now have or handler Freight From. Shipments must Is, F.O.B., City of Poor Collins, 700) Wood St, For Collins, CO 80522. unless imposed maker federal or scale antitrust laws for such overcharges relating to the pmiculin good or services otherwise •paifed on this order. If permission is given to prepay freight and charge separately, the original freight purchased or inquired by 0e, Putchaserpursnant to this purchase order. bill most inwmoanv undies. Additional elarees for oackinn will not W seceotei. Shipment Dextame. Where aombesurers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deduced fmm Invoice when shipments are nude fora grata diem.,. Permits. Seller shall prmure at sellers sole cost all necasary permits, certificate and licenses required by all applicable laws, regulations, ordinances and males of the scam, municipality, territory or political subdivision where the work is perfomnd, or required by any other duly constituted public authority having jurisdiction over the wok of vendor. Seller further agrees to hold the City of To" Collins harmless fmm and against all liability and loss incurred by them by remora of an asserted or established violation of any such laws, regulations, ordinances, roles and nquir menu. Amhorirntim. All Portia to this swarm agree that the teprcunmtives are, in fact, bona fide and possess bill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mceptance to the terms and doldb tts stated herein set fork atW my supplementary or additional temp and conditions annexed nodal or incorporated herein by miccarri Any additional or different lellim anal conditions proposed by seller ere objected to wd hereby jated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anise on your promised delivery date as noted. Time is of the ¢sence. Delivery and performance must be elected within the time stated on the purdame order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany, delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option rf placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall or be liable for damages as a result of delays due to causes not reawnably foreseeable which art beyond its reasonable control and without its fault ofnegligence, such lots of Gad, acts of civil or military aWharities, governmental priorities, fires, strikes, flood, epidemics, canrs car riots provided that notice of to conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In to event of any such delay, the date of delivery shall be extended for to period dlcal to the time usually lost by reason ofte delay. 3. WARRANTY. The Sella wmtmts that ell good, articles, mai ands and work covered by this odd will conf with applicable drawings, specifications, samples arbor other dectiptions given, will be fit for the purpose intended, and pert eel with 0e, highein degree of care wd competence in mcordance with accepter standard for wok of is I tabor nature. The Seller agrees to hold the purchaser handles fmm any Ines, damage or expense which We Purchaser may sufferer incur on account of the Sellers breach ofw adddy. The Sella shall replace, repair or make good, without cost to the product, any defects or faults arising within one (1) Far or within such longer period of time ss may be prescribed by law or by the terms of any applicable warranty, provided by the Sella after to date of acceptance of the good 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 good by the Purchaser shall not constitute a waiver ofmy claim under this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrmbes or guarantees, but such liability shall in no event 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 Purchased may take changes to legal temp by written change cold. 5. CHANGES IN COhfdERCDM. TERMS. The Purchaser may make my changes to the more, other Than legal terms, including additions to or deletions flown the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change alerts the amount due or the time ofpM ancehereunder, m equitable adjustment shall be nude. 6. TERMINATIONS. Thc Purchaser may at any time by wdnen change order, terminate this agreement as to tiny or all portions of to goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in pints -is provided that the Polar —shall -a be liable for any claims to, smicitomd profits On the unconiplatot portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofmy of their obligation as to any goods delivered bearm dd. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the dale the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold brreandi shall have ban produced, sold delivered eb famished N strict compliance with all applicable laws and regulations to which the goads we subject The Sella shall execute end deliver such dmuments as may he na mind to effect or evideme.,It.. All lases and regulaions required to be ncorpammd in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold to Purchaser harmless from all costs and damages sulerN by the Forehead as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE, The Sella warrants fall, clear and umtesme ed lille to the Purchaser for all quipment, catmals, and items fomished in pdfomrma of this agredmnt, fro and clear of my eM all has, restrictions, aeervetions, sauriry interest emmM andclaims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If to Purchaser directs ft Sell. to comet vovcovfoming or defective gaud by a date 0 be agreed upon by to Purchaser and the Seller, and the Seller thereafter indicates its inability or morilimicaess 0 comply, drc Parchasa may cause to work to be performed by the most expeditious means available to it, and the Seller shall pay ell costs associated with such work. The Seller shall release the Purchaser and its contractors of any tia from all liability and claims of my nature resulting from the performance ofsuch weak. This release shall apply even in the event of fault of negligence of the party released and shall extend to the modem, officers and employees ofsuch peaty. The Sellers codmdml obligations, including warranty, shall not be domed to be reduced, in any way, because such work is perfoamed or caused to Its, pafomnd by the Portland. 14. PATENTS. Whenever the Sella is rdryirnd to use my design, device, mderial or process covernd by lever, pven4 trademark or ro,"Idd, the Sella bull mdetanifywad save hadmldes the Purchaser floor my and all claims for infringement by reason of the use of such powm d design, device material or process in connection with the conuacl and shall indemnify the Purchased for my cos, expense or damage which it may be obliged to pay by reasov ofsuch infringement at my time during the prourntion or and the completion of the work. In case said equipment, or my parr thereof or the intended one of the goods, is in such suit held to constlmte inlrivgened and the use of said aluipment a pan is enjoined. the Seiler shall, at its own apense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replete the some with substantially equal but comminuting equipment, or modify it so it becomes vaninMnging. 15. INSOLVENCY. If the Sella ahall become insolvent or bankrupt, make an assignment fro the benefit of creditors, appoint a receiver or hust le for my of the Sellers property a business, this Odfo miller may Mwith be canceled by the Personal without houily. 161 GOVERNING LAW. The deftnitimss ofreme wend or the madamicar o ofthe agreement and the rights of all parties herennder shall be around under and govamd by the Jews; of the Sure ofColomdo, USA. The following Additional Conditions apply only as asses where the Sella is in pafarm wok heeeundn, wcluding Me service ofS,llets Repreunutivehn, m the premise ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall any, on said work at Sellers own risk in the a. u fully completed and accepted, and shall, in se of any accident, datruction or injury 0 the wok and/or materials before Sellers bull completion and cceptanca, complete the wok at Sellers awn expenae and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall reveive, unload, stare and handle same al the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under fie order. 18. INSURANCE. The Sella shall, at his own expense, provide her the payment of workers compensation, including occupational disease bevefiu, to its employees employed out or in duration with the wok cuvxred by this Purchase ondd, cannot to their dependents in accordance with the laws of the slate in which the wok is 0 be done. The Sella shall also carry comprehensive general liability including, but tut limited to, announced aver automobile public liability insumnce with bodily injury and dint limits of w least 5300,000 for my one person, 5500,000 for my one incident and property damage limit per accident of S4W,000. The Sella shall likewise requite his contractors, if my, in provide for such compensation and insmmce. Before my of the Sellers or his comments; employers shall do my work upon the premises of others, the Seller shall f mish the Purchaser wit a certificate tat such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire work is completed end locepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby .,am. the entire responsibility and liability for any and all damage, loss or injury ofany, kind Or tdtme whatsoever m persons a prupmy ..it by or resuhing from the execution ofthe wok provided for in this purchase add or in connection herewith. The Sella will indemnify and hold batmlas the Purchaser and any d em r all of the Purchssoots ers Rcers, .,cemployees from and agaimt my and asso all claims, l, demaga, charges d expenses, whether direct or indeed, and whether m persons or property to which the Purchaser may to put in subject by reason of my tut, ration, raged, omission or default ov de part of the Seller, my of his wntmctors, err my of de Sellers err no. officers, agents err rmphitem. In case my suit err mhcr proceedings shall be bought against the Purchase, or its aRcers, agents or.,[,a, w may live m locoud or by reason of any tut moon, neglect, omission or defaWt of the Sella of my of his contractors or my of its or their officers, agents or employees ss raffidead, the Seller hereby agree to sssame the def thereof and to defend the same At de Sellers own expense, to pay my and all costs, charges, moracys furs and other expenses, my wd all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Prachueq or said parties in or as a result ofsuch suits d other proceedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, but and install all gmrds necessary, for the prevention of accidents, comply with all laws and regulations with regard an safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all old and regulations issued pursuant herem. Revised 02Q014