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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9117001City of /00,Fort Collins PURCHASE ORDER PO Number Page 9117001 tof2 This number must appear on all invoices, packing slips and labels. Date: 11/23/2011 Vendor: 289716 Ship To: POUDRE FIRE AUTHORITY - AD INSIGHT PUBLIC SECTOR INC 102 REMINGTON PO BOX 713096 FORT COLLINS Colorado 80524 COLUMBUS Ohio 43271-3096 Delivery Date: 11/23/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 50 ea - MSelect Office Pro 1 LOT LS 16,492.00 per quote 14121055 Total $16,492.00 (v/ Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98.04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Station 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 ofor payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the warentics or obligations of this purchase order and shall not be deemed a wnivet of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon mceipt of written purchaser to insist upon strict performance hereof or any of its rights or rcmedics a%to any such goods, rcgardlec instructions form the City of Fen Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported om1 modification or rcseissio r of this purchase order by the Purchaser operate as a waiver of any of the tenets Inspection. GOODS an subject to the City of Fen Collins inspection on arrival. hoop f. Final Acceptance. Receipt of the mcmhandisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authenwrl payment on the pan of the City of Fort Collins. However, it is Io he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedurcc violations are 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 claims it may now have or hereafter Freight Terms. Shipments must be F.O.B_ City of Fort Collins. 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser direct%the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected from the marest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. 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. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable Imes, regulations ordinances and rules of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of scandal. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and Inns incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirement. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and posses% full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase, Order cxponvJy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he 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 m a waiver ofthis provision. In the event 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities governmental priorities, fires, strikes, Rood, epidemics. woma or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptimu, given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted simbods for wort: of a similar nature The Seiler agrees to hold the purchaser harmless from an loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warinty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one H) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller o cr the date of acceptance of the goods furnished hereunder (acceptance not to be unneasombly delayed), resulting form imperfect or defective work done or materials furnished by the Seller. Acceptance or use of £ands by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximmcly caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss infuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmw'ings. by verbal or written change under. If any such change affects the amount due or the time ofperfrrmance 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 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 claims fee anticipated profits on the uncompleted 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 goads which ore 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. 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 laws and regulations to which the £odds 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this octet or any monies due or to become due hereunder without the poor written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply cvcn in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to asc 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 infringement by reason of the use of such patemed 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 any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in .such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expcnsc and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfrin£ing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchoser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed 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 Scllcrs Represenmtivc(s), on the premises ofothers. 17. SELLERS RFSPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident destruction or injury to the work and/or materials before Sellers fatal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE The Seller shall, at his men expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed no or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractnnl and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500,000 for any one accident and property damage limit per accident of S400,000. 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 des 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 eenificates shall specify the data when such compensation and insurance have been povided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr 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 ofany kind or anturc whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify mud hold homeless the Purchaser and any or all of the Purchasers affects, agents and employees form and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or porperry to which the Purchaser may be put or subject by moron of any act, action, neglect omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees, In case any suit or other Proceedings shall be brought against the Purchaser, or its oRccm, 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 his eontmaors or any of its or their officers, agents or employees as aforesaid, the Seller hereby an ces to assume the defense thereof and to defend the same an 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 agninst the Purchaser or any 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 ofthe Purchaser, or mid parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for 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 03/2010