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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9116999City of art Collins PURCHASE ORDER PO Number Page 9116999 1 of 2 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 Ordered UOM Unit Price Extended Price MSelect Sharepoint &SQL Server 1 LOT LS 3,780.57 per quote 14121184 Total $3,780.57 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 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 Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or rcmedics provided herein or by Irv, 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 releme the Seller of Good 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 any right of the damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance berenfor any of it rights or rcmedics as to any such goods, regardless instructions fmm the City of Fair Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting firm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedums. violations are in fact home 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 particular good 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 must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whem manufacnrrcrs have distributing points in various pans of the country, shipment is expected firm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, 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 having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an awned or established violation of any such laws, regulations, ordinances, rules and requirements. Aumhorimtion. All panics to this contract agree that the representatives arc, 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 moms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc 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 ofthe essence. Delivery and performance must he effected within the time stated on the purchau order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the purchaser shall have, in addition to other legal and equitable rcmedics, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howes cr. 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 ofeivil or military authorities. govcmmental priorities, fires, strikes, flood, epidemics, wars 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 Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery, shall be emended 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 conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) 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 infer the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work time or materials fumishcd by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Set leis liabi [try hereunder shall extend to all damages Proximately catucd by the breach of any of the foregoing anor mics 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tells, including additions to or deletions from 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 ofperformanee 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 good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Progreso; provided that the purchaser shall not be liable for any claims for 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 good which arc the Sellers standard stock. No such termination shall relieve the Purchascr 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 dome (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 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 art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamalcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither pare shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full. clear and unrestricted tine to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement. free and clear of any and all liens, restrictions. rcscnntions, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, unit 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 of tiny tier from all liability and claims of any nature resulting firm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, 0fixers and employees of such party. The Sellers continental obligations, including aamanty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Set lei is required to use any design, device, material or process coverN 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 patented design, device, material or process in connection with the contract. and shall indcmni fy 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 ease said equipment, or any part thereof or the intended use of the good, is in such suit held to constitute infringement 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 or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noniNHnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mixture for any of the Sellers property or business, this order may fonhwimh be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of mein used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises ofethers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Polly completed and accepted. and .shall, in ease of any accident, destruction or injury am the work and/or materials before Seller's foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall recciyc unload, store and handle same at 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 own expense. provide for the payment of workers compensation, including occupational disease 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 tarty comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limit, of nr 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 ar his contractors employees shall do any work upon the premises ofolhers. the Seller shall famish 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 mhhe 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 employces fmm 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 may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, 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 Purchascr, 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 his contractors or any of its or their oRecrs, agents or employees as aforesaid, the Set let hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys feces; 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 pmecci ings, and in case judgment ar other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will a1 once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his cmdommrs shall take all safety precautions, famish and install all guard accessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Safetyand Hcalth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010