HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9957309Date: 12/8/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9957309
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INSIGHT PUBLIC:SECTORINC
CITY. OF FORT C�JLLIhi5
RO E3OX i13(396
215 N MAST ON, 3l2Q FLOOR
COLUNI�US OH 43271 3U96
FORT COLLINS CO 80524-4408
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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 #13113550 DATED 1-DEC-09 FROM ADELE O'LEARY.
PLEASE SHIP TO ATTN: JOHN HUSTED; CONTACT #(970) 217-9143.
(QTY 2,001) #A105379 MCAFEE VIRUSSCAN @ $4.16/EA = $8,324.16
(QTY 2,001) #M187128 MCAFEE ANTI-SPYWARE @ $1.62/EA = $3,241.62
TOTAL ORDER $11,565.78
Line Qty/Units Description Extended Price
1 1 LOT 8,324.16
MCAFEE ACTIVE VIRUSSCAN MP
2001-5000u QTY (2001)
2 1 LOT 3,241.62
MCAFEE ANTI-SPYWARE MP
2001-5000u QTY (2001)
Maintenance Renewal Term for both VirusScan and Anti-Spyware
03/02/2009-03/01 /2010
Total $11,565.78
Invoice Address:
City of Fort CoWiny Director of Purchasing and Risk Management City of Fort Collins
This order is OQValid 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 o Box 580
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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 Gone state and local noes. 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 fiom the City of For Collins.
Inspection. GOODS are subject to the City of Foil Collins inspection un ariwal_
Final Acceptance. Receipt ofthe merchandise, services of equipment in response to Ellis order col result in authorized
payment on the pan of the City of Foil Collins. However. it is to be understood than FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tems. Shipments must be F.O.B., City of Foil Collins. 700 Wood St., Foil Collins. CO 80521. unless
otherwise specified on this order. Ifperinission is given to prepay Geight and chalrge separately. the original Height bill
Must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where nunufactureis have distributing points in various pans of the country, shipment is expected
fi'om the nearest distribution point to destination, and excess height will be deducted lion Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessarypermits. certificates and licenses required byall applicable•
laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision \where the work is
performed, of required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller hither agrees to hold the Cily of Fort Collins hnnnless front and against all liability and loss incur cd bythenn by
reason of in asserted or established violation of any such laa's. tegulatlions. ordinances, rules and requirenlCuM
Authorization. All parties to this contract agree that the representatives are. in fact, bona tide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein
set forth and any supplementary or additional terns and conditions annexed hereto of incotporatecl herein byreference.
Any additional of different tents and conditions proposed by seller ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cinnot make complete shipment to an ive on your
promised delivey date as noted. Tinge is of the essence. Delivery and pertianna ce Must be effected within the time
slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation• acceptance ofpalill lite deliveries, shall operate m a waiver of this provision. In the event of nnydelay. the
Purchiser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable f'or damages. However, the Seller shill not be liable fur daunages as a result of delays due to
causes not reasonably foreseeable which are beyond its ieasonible control and without its fault ofnegligence. such ❑aS
of God, acts of civil or military authorities, governmental priorities. fires, strikes. Flood epidemics. wars of riots
provided that notice of the conditions causing such delay is given nl the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof. In the event ofanysuch delay, the date ofdelivery shall beextended
for the period equal to the time actually lost by reason of the delay.
3.WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will cunfornr with applicable
drawings, specifications, samples and/or other descriptions given, will be lit tax the purposes intended and perfixn ed
with the highest degree of care and competence in accordance with acceptccl standards for work of a similar nature.
The Seller agrees to hold the purchaser harmless fi ono my loss. damage or expense which the Purchaser stay suffer or
incur on account of the Sellers breach of wirranty. The Seller shall replace, repair or stake good, without cost to the
put chaser, any defects or fiults wising within one (I) yen* or within such longer period of tunic• as naav Ix preseilietl by
law or by the terns of any applicable war arty provided by the Seller after the date of acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed), resulting fi*om imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under this warranty. Except is otherwise provided in this purchase order, the Sellers liability hcieundei shall
extend to all damages proximately caused by the breach of any of the fitegoing tvin amiss ur 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 Puchasei nnay make any changes to the tens. other than legal tens, including additions to of deletions fioul the•
quantities originally ordered in the specifications or drawings, by verbal ill lvr'aten change order. Irony such change
affects the mlwunt due of the time of performance hereunder. an equitable ❑djusi nant shall Ile made•.
6. TERMINATIONS.
The Purchaser play at any time by written change order, terminate this agreement as to any or all portions of the 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 claitrs for anticipated pro tits on the uncompleted poll ion of the
goods and/or work, for incidental or consequential damages. and that no such adjusunem ale made in thvoi ofthe Se•Iler
with respect to any goods which are the Sellers standard stock. No such tennination shall relieve the Purchaser or [he
Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fionn the dale the change or tern muion is ordeed.
S. 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 Imes and regulations to which the goods ;it subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laivs 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 fool ill costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such Inv.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XX V I I I of the Colorado Constitution ("Article XX V I I I"). then the provisions of -Section 15 of Article XXV I I I
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) ofAiticle XXV II I intentionally violmes Section 15 of Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible it, hold any sole source government cornract, or
public eniploynnent with the state of Colorado or any of its political subdivisions, fix three years.
9. ASSIGNMENT.
Neither petty shall assign, transfer, or convey this order, of anv monies due of to become due hereunder without the
prior written consent of the other party.
10. TI TLE.
The Seller ivamurts fill[. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in
perfbnnatcc of this agreement. lice and clear of any and all liens, restrictions, reservations, security interest
encumbntnces and claims of othei:s.
I I. NONWA IVER.
Failure of file PMr'chaser to insist upon strict performance of the tents and conditions hereof. failure or delay to
exercise any rights of remedies provided herein or by law, failure to pionipdy notify the Seller in the event ofa breach.
the acceptance of or payment fingoods hereunder or approval of the design. shall not release the Seller ofany of fhe
war anties or obl ieations of this purchase order and shall not be deemed a waiver o f any right of the purchaser to insist
upon strict Ile, to, inane, hereof or uny of its rights or rcinedics as to any such goods. regardless of when shipped,
I eceived or accepted, as to any prior of subsequent default hereunder. nor Shull any purported oral niodificat ion of
rescission of this purchase order by the I'urchaser operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and tile Purchaser recognize that in actual economic practice, overcharges resulting fi'oul antitrost violations are
in fact bol ue by the Purchaser. Thei etotiu e, for good cause and as consideration tot executing this purchase order, the
Seller hereby assigns to the Purchaser May and all claims it may now have ur hereufier acquired under federal of state
antitrust laws fix such overcharges relating to the paniculm' goods or services purchased of acquired by the Pm'cht6er
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller in r corect nonconforming of defective goods by a date to be agreed upon by [he
Purchaser and the Seller, and the Seller thereafter indicates its inability of unwillingness to comply, the Purchaser nay
cause the work to be perforned by the nwst expeditious nncns available to it, and the Seller shall pay ill costs
associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier fi ono all liability and cliims ofany nature resulting
Bunn the lie,in nince of such work.
This release shall apply even in the event of f:•lult of negligence of the party released and shall extend to the dii ectors.
officers and employees of such party.
The Sellers cuntracmal obligations. including warranty, shall not be deemed to be reduced, in ,illy way, because such
work is per to] tied or caused to be peniixmed by the Pa1'chase. -
14. PATENTS.
Whenever the Seller is required to rue any design, device, material of process covered by letter. patent, trademark of
copyright. the Seller shill indemnify and save harmless the Purchaser from any and all claims for infiingement by reason
aftlie use ofsuch patented design, device, material or process in connection with the contract, and shall indernify rile
Purchaser tin any cost, expense of darnage which it maybe obliged to pay by reason of such infringement at anytime
during the prosecution or aher the completion of the work. In case said equipment.of any par thereofoi the intended
use of the goods, is in such suit held to constitute in and the use ofsaide quipment or par is enjoined, the
Seller shall. it its own expense and at its option, either procure for the Purchaser the right to continue using snid
equipment of parts. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
non -infringing.
15. INSOLVENCY.
It the Seller shall become insolvent or hankrupt, make an assignment Iix the benefit of creditors. appoint i receiver or
trustee fix any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without
liability.
Ili_ GOVERNING LAW.
The definitions of terns used of the interpretation of the agreement and the rights of all parties heeunder shall be
construed under and governed by the laws of the State of Colorado. USA.
The tol lowing Additional Conditions apply only in cases where the Seller is to perdin'nl work hereunder, including [he
Se vices of Sellers Repiesentative(s), un the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carryon said work at Sellers own risk until the same is fully completed and accepted and shall, in case
ofany accident. destruction of injury to the work and/or materials before Seller's final completion and acceptance,
mplete the work it Seller's own expense :tad to the satisfaction oft he Purchaser. When materials and equipment are
ltit nislied by tit hers tax installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and hCCUInC responsible therefor as though such nnaicriuls and/or equipnletit were being furnished bythe Seller
under the order.
IS. INSURANCE.
'rile Seller shall. at his own expense. provide lot the payinent ofw,cukes conipensition, including occupationsea aldise
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 of the state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and autonlobile public liability insurance with
bodily injury and death limits of at least : 300.000 for any one person, $500,000 for any one accident and property
damage limit per accident of S400.000. Pile Seller shall likewise require his contractors. if iny. to provide for such
compensation and insurance. Befixc any of the Sellers or his contractors employees shall do ally work upon the
premises ofolhes, the Seller shall furnish the Purchaser with a certificate that such compensition and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certific ies shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until iftei the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
hhe Seller hereby assumes the entire responsibility mud liability for any and all damage, loss or injury ofany kind of
nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers. agents and employees front and against any and all claims, losses, damages, charges or
expenses. whether director indirect.and whether to persons or property to which the Purchaser maybe put or subject
by reason ofany act. action, neglect. omission or default on the pan ofthe Seller any ofhis contractors. or any ofthe
Sellers or contractors officers, agents or employees. In case any suit of other proceedings shall be brought against the
Purchaser: or its officers, agents or employees at anytime on account or by reason ofany act, action, neglect. omission
or default of the Seller of any of his contractors of any of its or their officers. agents of employees is 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, chnrees, attorneys fees and other expenses. any and alljudgments that nay be incurred by or obtained against
the Purchaser or any of its or their officers, agents or employees in such suits of other proceedings. and in case
judgment or other lien be placed upon or obtained against the propertyof the Purchase, orsaid parties in of asaresult
of such suits of other proceedings. the• Seller will at once cause the same to be dissolved and discharged bygiving bond
or otherwise The Seller and his contractors shall take all sifety precautions, hunish and install all gumcis necessary fur
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 rules and regulations issued pursuant thereto.
Revised 0411009