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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9117254PURCHASE ORDER PO Number Page City Of 9117254 1 of z Collins This number must appear F^r} In �I\V`I ` ` , 'J on all invoices, packing slips and labels. Date: 12/07/2011 Vendor: 289716 Ship To: MIS INSIGHT PUBLIC SECTOR INC CITY OF FORT COLLINS PO BOX 713096 215 N MASON, 3RD FLOOR COLUMBUS Ohio 43271-3096 FORT COLLINS Colorado 80524-4 Delivery Date: 12/06/2011 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price INSIGHT QUOTE#14133879 1 LOT LS 25,092.26 CITY (1) SOLARWINDS AP MONITOR ALX UNLIMITED MONITORS - LIC WITH 1 ST YEAR MNT PART ID#4807 PER QUOTE #14133879 DATED 2-DEC-11 FROM TONE TUSKAN TO JOHN HUSTED. PER STATE OF COLORADO PRICING AGREEMENT #20556YYY1 1 P. 9v-� Q. owe e_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total Invoice Address: $25,092.26 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-60110587 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 Stamtcs 1973. Chapter 39 26. 114 (a). exercise any right.%or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for good<hercunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mca 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 rammed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of ashen shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any purported and mad i fication ar rescission of this purchase order by the Purchaser operate as a waiver of any of the I.., Inspection. GOODS am 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 pan of the City of Fon Collins. However, it is to 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 procedures violations arc 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 Fen Collins. 700 Wood St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular 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. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fern the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments arc made from greater distance. Permits. Seiler shall procure at sellars sole cast all necessary permits, ccnifimnes 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 requited by any other duly constituted public authority having jurisdiction over The work of vendor. Seller further agrees to hold the City of Fact Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order capressly limits acceptance to the terms and conditions stated hercia set fourth 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 arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your, premised delivery date as noted. Time is of"the ema ce. Delivery and Performance most be effected within the time stated on the purchase order and the documents anachal hereto. No as of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event ofany 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 he liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligacc. such acts of GM. acts of civil or military authorities, governmental priorities, fires, strikes. Brad 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 Seller first received knowledge thereof In the event ofany 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 perfomTed 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 Tom 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 (O year or within such longer period of time as may he prescribed by law or by the terms ofany applicable waranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiverofany claim under this warranty. Except as otherwise provided in Ibis purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of easy of the foregoing warranties or guarantees. but such liability shall in no event include loss ofpmfits 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 tams by wrincn 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 drawings, by verbal or written change order. If any such change affecs the amount due or the time ofpaformancc 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 bcovan the panics 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 proton 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 goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days From the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hemm dcr shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to of can or evidence compliance. All laws and regulations required to be incorporated in agrecmems of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellars failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrincn consent of Poe 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 ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thercaRcr 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 liability and claims ofany nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors. offfcers and employees of such party. The Scllcr'%contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Pumhawr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, tradema 1, or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 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 persecution our after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is is 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 pmcurc for the Purchaser the right to continue using said equipment or parts, replace the saute with substantially egtsl but numonfringing equipment, our modify it sou it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver our trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Pnrchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and groaned by the laws of the Snnc of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpmsentativc(s), en the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Seller's own risk until the vmme is fully completed and accepted, and shall, in cast of any accident destruction or injury to the wort: andlor materials before Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive. 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 henefits, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at teat S300,000 for any one person, S5o0,000 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 do any work upon the premises of others, the Seller shall famish the Purchaser with a ccnificate that such compensation and insurance have been provided. Such catificams shall specify the date when such compensation and insurance have been provided. Such ecoificares shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assamcx the entire responsibility and liability for any and all damage, loss or injury ofany 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 hamdcss the Purchaser and any or all of the Purchasers officers, agents and employees Tom and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or prepay to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan 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 is effects, 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 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 Boss, charges, attorneys fees and other expenses. any and all judgments that may be insured 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 or other lien be placed upon or obtained against the pmpeny of the Purchaser. or said panics 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 bond or otherwise. The seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safay including, but without limitation. the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010