HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9956641Date: 11/4/2009
City of
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Page Number: 1
Purchase Order Number: 9956641
Delivery Date: 11/4/2009 0 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: PER QUOTE #12967743 FROM ADELE O'LEARY TO JOHN HUSTED.
PLEASE SHIP TO ATTN: JOHN HUSTED; CONTACT #(970) 221-6791.
Line Qty/Units Description Extended Price
1 O35623-R18-02804 QTY (1800) 34,074.00
M2
MSELECT WINDOWS SERVER 2008
Total $34,074.00
Invoice Address:
City of Fort C in Director of Purchasing and Risk Management City of Fort Collins
This order is H�Qaalid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions -By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Font Collins, 700 Wood St.. Foil Collins. CO 80522. unless
otherwise specified on this order. If permission is given to prepay fi eight and charge separately, the original fi eight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipnnent is expected
from the nem est distribution point to destination, and excess freight will be deducted from Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessarypermits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules of the state, municipality, territory m political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller farther agrees to hold the City of Fort Collins harmless firm and against all liability and loss inclined by them by
reason of an asserted or established violation of any such Imes, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein
set forth and any supplementary of additional terms and conditions annexed hereto m incorporated herein by reference.
Any additional or different tears and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to mrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance 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 of partial late deliveries, shall operate ns a waiver of this provision. In the event of any 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. However, the Seller shall not be liable for damages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such acts
of God, acts of civil or military authorities, governmental priorities, fires. strikes. flood. epidemics, wars or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time
when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended
for the period equal to the time actually lost 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, samples and/or other descriptions given, will be fit for the purposes intended, and performed
with the highest degree of care and competence in accordance with accepted standards for work of a similar nature.
The Seller agrees to hold the purchaser harmless fiom any loss, damage or expense which the Purchaser may suffer or
incur on account ofthe Sellers breach of waranty. The Seller shall replace• repair or make good. without cost to the
purchaser, any defects or faults arising within one(]) year or within such longer period oftinne as may be prescribed by
law or by the terns of any applicable warranty provided by the Seller after the date of acceptance ofthe goods
famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or
materials famished by the Seller. Acceptance ar use of goods by the Purchaser shall not constitute a waiver of ally
claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any ofthe fin cgoing warranties or guarantees, but such
liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANT), 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 Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions fi oni the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress
provided that the Purchaser shall not be liable for any clains for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment be trade in favorofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller wan ants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable Imes mid regulations to which the goods are subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source govenanent contract" within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 of Article XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither petty shall assign, transfer, or convey this order, or any nnonies due or to become due hereunder without the
prior written consent ofthe other party.
to. TITLE.
The Seller warrants fill], clear and unrestricted title to the Purchaser for all equipment, materials, mid items famished in
performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claints of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or bylaw. failure to promptly notify the Seller in the event of a breach.
the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any ofthe
wammnies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon strict performance hereof m any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by tine Purchaser operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice. overcharges resetting from antitrust violations me
in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all chains it may now have or hereafter acquired under federal or state
mnitrust laws for such overcharges relming to the iimticular goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to concct nonconforming or defective goods by a date to be agreed upon by the
Purchaser :aid the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser 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.
The Seller shall release the Purchaser and its contractors ofany tier from all liabilityand claims ofanynature resulting
from the performance of such work.
This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors,
officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any day, 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 from any and all claims for int ingement by reason
ofthe 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 anytime
during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended
use ofthe goods, is in such suit held to constitute infringennent and the use of said equipment m pat is enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment or pants, replace the same with substantially equal but non -infringing equipment. or modify it so it becomes
non-infi'inging.
15. INSOLVENCY.
I f the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors. appoint a receiver or
trustee for any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of tents used or the interpretation of the agreement and the rights of all parties hereunder shall be
consrued under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Repiesentativc(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carryon said cork at Seller's own risk until the same is fully completed and accepted, and shall, in case
of any accident, destination or injury to the work and/or materials before Seller's final completion and acceptance,
mtplcte the trot k at Seller's own expense and to the smisf error o(the Purchaser. W1ten naerials and equipment arc
famished by others liar installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible tlnerelia-as though such niatelia]s and/or equipment were being famished bythe Seller
under the order.
I8. INSURANCE.
"1'he Seller shall, at his own expense, provide for tie payment ofworkers compensation,including occupational disese
benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their
dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also cant'
comprehensive general liability including, but not limited to, contractual and automobile public liability insurancewith
bodily injury and death limits of at least $300,000 far any one person, $500.000 far any one accident and property
dantage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the
premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date 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 Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaser and any m all of
the Purchasers offices, agents and employees from and against any and all claims, losses, damages, charges or
expenses, whether director indirect, and whether to persons or property to which the Purchaser may be put or subject
by reason of any act, action, neglect, omission or default on the part ofthe Seller, any of his contractors, or any of the
Sellers m contractors otficets, agents m employees. In case any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents or employees at any time on account m by reason of any act, action, neglect, omission
or default of the Selletof any of his contractors or any of its or their officers. agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and all judgments that may be 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 of other lien be placed upon m obtained against the property of the Purchaser, or said parties in or as a result
ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and dischat ged by giving bond
or otherwise. "I"he Seller and his contractors shall take all safety precautions, furnish and install all guilds necessary for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
linlitmion, the Occupational Salety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009