HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9957314Date: 12/8/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9957314
Delivery Date: 12/7/2009 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: PRICING PER STATE OF COLORADO PRICE AGREEMENT #20556YYY11 P.
PER QUOTE #13117082 DATED 3-DEC-09 FROM JENNIFER CLARK.
(QTY 250) #M229975 MSELECT OFFICE 2007 @ $241.56/EA= $60,930.00
PLEASE SHIP TO ATTN: BEVIN HAAG; CONTACT #(970) 221-6791.
1, 4) z/- ,& --ez��,W'
Line Qty/Units Description Extended Price
11 LOT
MSELECT OFFICE 2007 M229975
32 BIT WIN SINGLE LANG (250)
City of Fort C91,fin# Director of Purchasing and Risk Management
This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO
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
60,390.00
Total $60,390.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Foil Collins is exempt finnt 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 Foil Collins.
Inspection. GOODS ate subject to the City of Fort Collins inspection on arriva
Final Acceptance. Receipt ofthe merchandise, services or equipment in response ho this ortfer can result in authorized
Payment on the part of the City of Fort Collins. However. it is to be understood Ihat FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures,
Freight Terns. Shipments trust be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins. CO 90522, unless
otherwise specified on this order. If permission is given to prepay height and charge sepnrately, the original (eight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts ofthe county. shipment is expected
from the newest distribution point to destination, and excess fitaght will be deducted lions Invoice when shipments are
made Bono greater distance.
Permits. Seller shall procure it sellers sole cost all necessary permits. certificates and licenses required byall applicable
laws, regulations, ordinances and rules ofthe state, municipality, territory or political SLIbdivision where the work is
performed, or required by any other duly constituted public authority havinc jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless fron, and against all liability anti loss incured by then, by
reason of an asserted or established violation of any such laws. regulations, ordinances, Itles and requ irenhents.
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 terms and conditions stated herein
set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein byrefrence.
Any additional or different temh_s and conditions proposed by seller are objected to and hereby rejecled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised deliverydate as noted. Time is ofthe essence. Delivery:ud perlornhmhce must be ellected ovithin the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers incuding. without
limitation, acceptance ofpmtial late deliveries, shall operate as a waiver of this provision. In the event of anydelay. the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere anti
holding the Seller liable for damages. However, the Seller shall not be liable fin' damages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts
ofGod. acts of civil or military authorities, governmental priorities, tires, 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 bate of delivery shall beextended
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, sanhples and/or other descriptions given, will be lit for the purposes inrendcd. and perfinnxd
with the highest degree of care and competence in accordance with accepted standnrds fill work of a similar nature.
The Sellcr agrees to hold the purchaser harmless frontally loss, churage or expense ovhich the Purchaser stay stdli•r Or
incur on account ofthe Sellers breach of warranty. The Seller -shall a•place. repair or mhake good, without cast to the
purchaser, any defects or faults atising within one (I) year or within such longer period oftinte as stay be prescribed by
law or by the tenths of any applicable warranty provided by the Seller after the date of ;acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed). resulting bunt imperfect or dclective ovork clone m
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not Constitute a waiver of any
claim under this wmranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall
extend to all damages proxinately caused by the breach of any ofthe f-negoine avananties 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 Purchaser may make changes to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may slake any changes to the terns, other than legal terns. including additions to or deletions fionuhe
quantities originally ordered in the specifications or drawings. by verbal or written flange order. If any such change
affects the amount due m the time of performance hereunder, an equitable adjusunent shall be made.
6. TERMINATIONS.
The Purchaser may at any tittle by written change order, terminate this agreenent as to any or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the putties 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 and/or work, for incidental or consequential damages, and that no such adjustment bemade in fhvor ofthe Scller
with respect to anygoods 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.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment Mast be asserted within thirty (30) days from the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict
compliance with all applicable laws and 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 su IliaCd by the Purchaser as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source• goyentnenl contract" within fhe meaning of
Article XXV I I I ofthe Colorado Constitution ("Article XXV I II" ), then the provisions of Section 15 ofAnicle XX VI11
are hereby incorporated into this [Agreement]. In such a case, if the (Conn'acforI or any other peason who is a
"contract holder" as defined in Section 2(4.5) ofAnicle XXVHI intentionally violas" Section 15 or Section 17(2) of
Article XXV II I, then the [Contractor] agrees it shhall be ineligible to hold any sole source government contract Or
public employment with the state of Colorado or any of its political subdivisions, lion three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due m to become due hereunder without the
prior written consent of the other party.
lu.TrrLE.
The Seller %vaMuus litl. clear:md unrestricted title to the Purchaser for all equipment, materials, and items furnished in
person lance of this agreement, free anti 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 terms and conditions hereof, failure or delay na
exercise any rights or remedies provided herein m bylaw, failure to promptly notify the Seller in the event ofa breach.
the acceptance of or payment fir goods heteunder or approval ofthe design• shall not release the Seller ofany of the
warrmt ics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict pertiormare, hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or eccgncd. as Ito any prior or subsequent default hereunder. nor shall :my purported oral modification no
rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terns hereof.
12. ASSIGNMENT OI' ANTII"RUST CLAIMS,
Scllerand the Purchaser recognize that in actual economic practice. overcharges resulting Prom antitrust violations arc
in fact boine by the Purchaser. Therctofime, for good cause and as consideration IN executing this purchaseorder, the
Seller hereby assigns to the Iurchaser any and all claims it may now have or hereafter acquired under federal or state
avuiuust laws fin such overcharges relating to the pmticulm goods or services purchased or acquired by the Purchaser
pursuant 10 this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser of, the Seller to con ect nonconforming or defectiee goods by a date to be agreed upon by the
Purchaser and the Seller. and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may
cause the work it, be Pon funned by the most expeditious means available to it. and the Seller shall pay all costs
associa led with such work.
The• Seller shall rc lease the ['Lit chisel and its contractors of any tier fi out all liability and claims of any nature resulting
11 ont the per'till nlance of such work.
'Phis release shall apply even in the event of fault ofnegligence ofthe parry released and shall extend to the dii ectors.
officers and enhplayees of such party.
Pile Sel lea's cons racmal obligations, including w:uranty' shall not be detailed to be reduced, in any way, because such
work is lierlinnhed or caused I,,be lierforned by the Purchaser.
14. ('AIMEN'( :S.
\1'hene•ver Ilhe Seller is required to use any design, device, material or process covered by letter, patent, trademark or
copyright• the Seller shall indemnif, and save harmless the Purchaser front any and all claims tell imfiingentent by reason
of the use ofsuch patented design, device, ratetial or lit ocess in correction with the contt act. and shall indemnify the
Purchaser tin any cost, expense or dantnge which it may be obliged to pay by reason of such intiingenhent at any tinhe
during the pros -anion or afier the completion of the work. In case said equipment. orally part thereofm the intended
use of the goods, is in such suit held to constitute infi ingement and the use of said equipment or pan 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 m parts. replace the same with substantially equal but non-infiinging equipment, m nodify it so it becomes
non -infringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hanknhpt. make an assignment for the benefit ofcreditors, appoint a receiver or
trustee liar any of the Scllel s property or business. this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
dcimilita s of Icons used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under' and governed by the laws ofthe State of Colorado, USA.
The flillowing Additional Conditions apply only in cases where the Sellcr is to perlorn work hereunder. including the
services of Sellers Representalive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall emry on said work at Seller's own risk until the same is filly completed and accepted, and shall, in case
of any accident, destruction m injury to the work and/or materials before Seller's final completion and acceptance.
nnplcte the work at Seller's own expense and to the satisfaction of the I'urchasrr. When materials and equipment are
tarnished by others fir installation or erection by the Seller. the Seller shall receive, unload. store and handle same at
the site anal brconhc responsille thrretiir as though such materials and/or equipment were being furnished by the Seller
under the order.
18, INSU RANC Iz.
The Seller shall, at his own expense, provide for the paynhent of workers compensation, including occupational disease
bcnef ils, in 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 of the 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 insurance with
bodily injury and death limits of of least $300,000 for any one person, $500,000 for any one accident and property
dunnage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such
conhpensarion and insurance. Bettye any of the Sellers or his contractors employees shall do any work upon the
premises of uthcr:s, the Seller shall furnish the Purchaser with n 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 bate 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.
'fhe Seller hereby assumes the entire responsibility and liability for any and all damage, loss In 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 Purchaser and anyor all of
the Purchasers officers, agents and employees front and against any and all claims, losses, damages, charges or
expenses, whether direct or indirect. and whether to persons or property to which the Purchaser maybe put or subject
by rc ason of any act. action. neglect, omission or default on the pan ofthe Seller. any of his contractors. or any of the
Sellers or contractors officers. 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 or by reason of any act, action, neglect, omission
or' detault of the Seller of aqv of his contractors or any of ils or their officers. agents or employees as aforesaid. the
Seller hereby:Trees to assume the defense thereof and to defend the same at the Sellers own expense, to pay anyand
all costs. charges, auorneys lives and other expenses, any and alljudgments that may be incurred by m obtained against
tote Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case
jutlpntemt or Other lien be placed upon or obtained against the property of the Purchaser, or said parties in oras a result
al'such suits or other proceedings, the Seller will at once cause the saute to be dissolved and discharged by giving health
or olho wise.'file Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryfor
the prcvcntion of accidents, comply with all laws and regulations with regard to safety including. but without
linhitution. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/^_009