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HomeMy WebLinkAbout443249 PEAK RESOURCES INC - PURCHASE ORDER - 9150144Fort Collins PURCHASE ORDER PO Number Page 9150144 1 of 3 This number must appear on all invoices, packing slips and labels. Date: 0110912015 Vendor: 443249 Ship To: MIS PEAK RESOURCES INC CITY OF FORT COLLINS 2750 W 5TH AVE 215 N MASON, 3RD FLOOR DENVER CO 80204 FORT COLLINS CO 80524-4408 Delivery Date: 01/09/2015 Buyer: ED BONNETTE Note: PER PROJECT F5 QUOTE ID #11212014LK01 DATED 11/21/2014 FROM MAT BROWN FOR CITY HALL WEST. RE: DNS VIRTUAL LICENSES Line Description Quantity Ordered UOM Unit Price Extended Price t BIG-IP ADD -ON: DNS VIRTUAL LIC 1 LOT LS 10,256.00 QTY (2) 2 BIG-IP ADD -ON: VIRUTAL EDITION 1 LOT LS 3,454.00 PREMIUM QTY (2) 3 BIG-IP ADD -ON: VIRTUAL EDITION 1 LOT LS 6,155.00 BEST BUNDLE 25M QTY (1) 4 BIG-IP SERVICE:VIRTUAL EDITION 1 LOT LS 2,073.00 PREMIUM QTY (1) 4(114 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.00m PO BOX 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 915014er Page CI�/ of PURCHASE 9150144 200 3 `t CThis number must packing ` Collins` on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 fiem��7trarranx�rrn(attt;[7'� Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By station, the City of Fon Collins is exempt fmm state and local axa. Our Exemption Number is 11. NONWANER. 9"502. Federal Excise Tex Exemption Certificate of Registry 84-6000580 is registervi with the Collector of Failure of the Purchaser to insist upon &Diet 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 herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not r,lene the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of my right of the damage in transit, may be crammed to you far card,, and are not to be replaced except upon receipt of wriren purchaser to irais, upon strict performance hereof or any of its rights or remedies m to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default herewder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the tams Inspection. GOODS err, subject to the City of Fort Collins inspection on arrival. harmf. Final Acceptance. Receipt of the merchandise, services or equipment in response as this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment m the pan of the City of Too Collins. However, it is to Is, understood that FINAL Sella and the Purchaser recognize Nat in actual cromanic practice, overcharges resulting fmm antimsst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact same by the Purchaser. Theretofore, for goad cause and as consternation for executing this purchase order, the Seller hereby woigas to the Purchaser any and all claims it may now have or hereafier Freight Tents. Shipments must be F.O.B., City of Fort Collins, ID0 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or site antirrat laws for such overcharges relating to the tamticular goods or services otherwise specified on this order. If peanisawn of given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must awampany invoice. Additional charges for packing will not be aw mJL 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If me Purchaser directs the Seller to coned nonconfomaing or defective goods by a dam to be agreed upon by the expected from the nm ou dabibutim point m destruction, and excess freight will be deducted from Invoice when Pnrcloser and the Seller, and the Seller thermder indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may room fire work to be performed by the most expeditious means available a It, and the Seller shall pay all casts associated with such work. Permits. Sella shall Proxmire, at sellers sole cost all naaury narrow, cerificalce and licereas umpired by all applicable laws, r,gulatim s, oNic. and rules of the state, municipality, territory m poffiwt subdivuion whew the work is performed, or required by any other duly constituted public authority hanng jurisdiction over the work of vendor. Seller father agrees to hold the City of Fon Collins harmless from and agoras, all liability and loss incurred by them by reason ofan wasted or established violation of my much laws, regulations, resources, rules and requirements. Authorization. All parties to this contract agree that me representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pu¢hase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional now and conditions annexed hereto or incorporated herein by reference. Any additional or differcnuetmv and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you manor make mmplere shipment to arrive on your promised delivery date as noted. Time u of the essence. Delivery and Performance most be effected within the time stated on the purchase order and the documents ausel ed hereto. No acts of the Purchn— including, without limitation, acceptance af,Wi.1 lam deliveries, shall operate as a waive, of this provision. In the at of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However the Seller shall net be liable for damages as o result of delays due to causes not reasonably foreseeable which are beyond its rensowble control and without its fault of negligen such ads oFGod, acts ofrivil or military authorities, grvemmenal counties, fired strikes, flood, epidemics, ware or riWts provided Out ..,fee of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Ent received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period argue] to the time actually lost by reason of the delay. 3. WARRANTY. The Seller incomes that all goods, articles, materials and work covered by Nis order will cant with applicable dmwinga, specifrcatiom, sampler and/or office descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and compnence in accoNaoe with accepted aaMamis for work of a similar ware. The Seller agrees to hold the purchaser harmless from any lam, damage or expiator which the Purchnser may suffer or incur on account of the Sellers breach of waramy. The Seller shall replace, repair or make good, without war to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by low or by the teats ofany applicable warranty provided by the Seller after the dare of acceptance of the goods famished hereunder (swerpance 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 contribute a waiver of my claim under this warranty. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of my of the foregoing warramies or guarantees, but such liability shall in no event image 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 Parchowr racy make changes o legal lean by wriun change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletion from the quantities originally ordered in the specifcafiov or drawings, by verbal or x'rmen change order. If any such change affects the amount due or the time ofperNtmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any m all portions of the goods then not shipped, subject to any equitable adjustment between the panics m to any work or materials then in progress provided that the Purcbaeer shall not be liable for any claims rm suckuw¢d probes on the uncompleted portion of fire good anNor work, for incident or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sell— standard stock. No such Termination shall relieve the Purchaser or the Seller ofany of their obligation as tu any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. 8, COMPLIANCE WITH LAW. The Seller warrants that all grads sold hereunder shall have been produced, sold, delivered and thmished in mat compliance with all applicable laws and regulations of which ,he grads are subjecu The Seller shall execute and deliver such domments ns may be required to effect or evidence compliance. All laws and regulations required a her incorporated in agreements of Nis chrrnner are hereby incorporated herein by Nis reference. The Sella agrees to indemnify and hold the Purchaser hamlem Emus all costs and damages sufferer by the Purchaser w a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall resign, mansfcr, or coney Nis order, or any monies due or to became due hereunder without the prior writlm consent of Ne rode, party. 10, TITLE. The Seller warrants fill, clear and unrestricted title to me Purchaser for all equipment, materials, and items furnished n performance of this agreement free and clear of any and all liens, restrictions, reservation, security interest turnabout and claims ofathers. The Seller stall .1. due Purchaser ad its contactors of my tier from aR liability and claims of any nature rmultw6 fmm the performance ofmch work. This release shall apply even in the even, of fault of negligence of the wary refused and shall extend or the directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed is be reduced, in any way, because such work is performed or caused to be performed by the Primmer, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and rave harmless the Purchaser from any and all claims for infringemeat by reason of the use of such pmmted design, device, material or process m connection with the contra,, and shall indemnify Like Purchaser for any mar, expense or damage which it may be obliged to pay by reason ofsuch infoingement in any rime during the presentation or after the completion of the weak. In case mid equipment, or any pan the rmf or the intended we of the goods, is in such suit held to mwoture infringement and the me of said alripment or ran is enjoined, Ne Seller shall, at in own ,npense and at its option, either pecan, for Ne Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but wr infringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or beat make an assignment for the bereft of creditors, appoint a or wsme for any of the Sellers property or business, this order may Tot acub be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofmmu used or the interpretation oftbe agreement and the rights ofall pectin hereunder shall be command ender aM governed by the laws ofdw Sam of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to Perform work hereunder, including the services of Sellers Rryresentative(s), on the premises ofodu rs. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and aquipmen, arc famished by others far mulls ion or erection by the Sella, the Seller shall receive, wlmd, store and handle same at the sine end become responsible therefor as though such materials and/or equipment were being fiunishW by the Seller under the Wier. 18. INSURANCE. The Seller &ball, at his own experesse, provide for the Payment of workers compensation, including stceupasowl disease benefits, to its employees employed on or in connection with the ware covets by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be dmc. The Seller shall also carry comprehensive general liability including, but ant limited Lou comrwtwl and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S50Q000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumme. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Salle, shall famish the Parchser, with a mrtificate Nat such compensation and insurance have been provided. Such certificates shall specify the date when such ompetuation and insurance have been pmvidN. Such c,nificalm shall specify the due when such compensation and insurance expires. The Seller agrees Nat such compensation end iasnrence shall ber incommirW =41 arts the entire wark is completed and acemptd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the cruise responsibility and lisbility fen any and all damage, lass or injury fany kind or textare whatsoever to persons or property caused by or resulting from the ex,mrmn ofthe work provided fen in Us purchase order o, in connection herewith. The S,Iler will indemnify and hold Jerusalem the Purchaser and any r all of the Purchasers ers offices, agents employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sewers or matmdars officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, 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 has contractors in my of its or their officers, agents or employees w aforesaid, the Seller thereby agrees to assure, the deface therm( and a defend the same al Ne Seli— own expense, to pay any and all coots, charges, attorneys fees and order expenws, my+md all judgments that may be incurred by or obtained against the Purchaser or sty of its or their oRic—, agents or employees in such saw or other proceeding; anal in cons, judgment or other lien be placed upon or obainM against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to ha dissolved and discharges by giving bond or otherwise. The Seller and his contractors shall take all safety pnoautiom, famish and inall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safdy including, but without limitation, the Occupational Safety and Health Act of 197D and all min and regulations issued pursuant thereto. Revised 09I2014