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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9117655PURCHASE ORDER PO Number Page City OfCollins 9117655 12 z ��� Coll n �+J This number must appear I on all invoices, packing `t slips and labels. Date: 12/28/2011 Vendor: 289716 Ship To: CITY OF FORT COLLINS INSIGHT PUBLIC SECTOR INC P O BOX 580 PO BOX 713096 FORT COLLINS Colorado 80522 COLUMBUS Ohio 43271-3096 Delivery Date: 01/01/2012 Buyer: ED BONNETTE Note: PER QUOTE #14153603 DATED 15-DEC-11 BY TONE TUSKAN. CONTACT IS JOHN HUSTED; PHONE #(970)217-9143. PRICING PER STATE OF COLORADO PRICING AGREEMENT # 20556YYY11 P. Line Description Quantity UOM Ordered Unit Price Extended Price INSIGHT QUOTE#14153603 1 LOT LS 6,385.18 J. HUSTED 9-m� 2. O,AA;-Qk �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 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 Total Invoice Address: $6,385.18 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 9R-t14502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mgimeted with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and condil inns hereof, failure or delav to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-20, 114 (a). exercise any rights or remedies patented herein or by law, failure to pmmptly nmi fy the Seller in the event of a breach, the acceptance of or 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 warranties or obligm inns of this purchase order and shall not be deemed a waiver of cone right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt Of wTitten purchaser to insist upon strict performance blear Or any of its rights or remedies as to any such goods, regardless instructions from the City of Fen Collins. of when shipped. received or accepted. as to any prior or subsequent default hereunder. nor shall any purported not much fi contain or rescission of this purchase order by the Purcbscr operate as a waive, of any of the tells Inspection. GOODS are subject to the City of Fort Collins inspection on amiva 1. hereof. Final Acceptance. Receipt of the mcrthandisc, 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 Fan Collins. However, it is to he understood that FINAL Sc11cr and the Purchaser rccogniae that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bone by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Terms. Shipments most be F,O.B., City of Fort Collins, 700 Wood St., Fen Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise spcoi Fled on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Parchascr pormmnt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. turs Shipment Distance. Where manufacrehave distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed anarchy the expected them the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to coniply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means ayailablc to it, and the Seller shall pav all costs associated with such work. Permits. Seller shall procure at sellers .sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction a%cr the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authormition. All panics to this contract agree that the representatives are, in fact. bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tells and conditions stated herein set faith and any supplcmcntary or additional tans and conditions annexed hereto Or incorporated herein by reference. Anv additional or diffcrcnt tens 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 of the wence. Deliver and performance must be cfrected 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 as a waiver ofthis provision. In the event crony 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 are beyond its reasonable control and without its fault ofnegligence, such acts of Gad. acts ofcivil or military authorities, governmental 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 Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he 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 performed with the highest degree of care and competence in accordance with accepted stand.,&% for work of a similar naure. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may salter or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser any deficits Or faults arising within one (1) year or within such hunger period of time as may be prescribed by law or by the tells of any applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance rant to be unreasonably delayed), resulting franc imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim tinder this womcry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics Or guarantees, but such liability shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tcmw by wTitten change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition% to or deletions form the quantities originally ar icred in the specifications or drawing, by verbal or written change coder. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at am time by written change order, terminate this agreement as to any or all Famous of the good then not shipped, subject to anv equitable adjustment bctsxecn the panics as to time work or materials then in pmgmss provided that the Purchaser shall not be liable for any claims for anticipated profits an 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 goods which are the Scllcrs standard stock No such tcmtinatlon shall relieve the Purchaser Or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days (mar the date the change or movination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished 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 he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers 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 written consent of the other party. 10. TITLE. The Seller wam, nts 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, resenations, security interest eacumbmaccs and claims of others. The Seller shell release the Purchaser and its contractors of any licr from all liability and claims of any nature resulting from the performance ofsach work. This rcicasc shall apply even in the event of fault of negligence of the party released read shall estead to the dimcmrs, officers and employees of -such party. The Scllcr'% contractual obligations, including wamnty, shall not he deemed In he reduced, in any way, because such work is perforated or caused to be performed by the Parchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent, mdemark or copyright, the Seller shall indenmify and save hamdess 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 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 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 Parchascr the right to continue using said equipment Or parts, replace the saute with substantially equal but noninfringing cquipmcnl, or modify it so it becamcs naninfringing. 15. INSOLVENCY. If the Seller shall become insnlvem or hanknmt, make an assignment for the hencft of creditors appoint a receiver or trustee for any of the Sellers pmperty or business this order may forthwith he canceled by the Purchaser without liability. 10. GOVERNING LAW. The definitions Oftcmis used or the interpretation ofthc agreement and the rights nfall panics hereunder shall be construed under and gmemed by the laws ofihe 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 Represcatativc(s), on the pmmi es of Olhen. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs 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 Settees final completion and acceptance, complete the work at Seller's 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 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. 19. INSURANCE. The Scllcr 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 Scllcr shall also carry comprehensive general liability including, but not limited to. contractual and automobile public I mbility insurance with bodily injury rend death limits of at least S301.000 for anyone permn. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony. to pmvide for such compensation and insurance. Before tiny of the Sellers Or his contractors employees shall do any work upon the premises of others. 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 hcrcbv assumes the ratio, responsibility and liability for any and all damage, Inns or injury ofany kind or nature whatsoever to pecmns or pmperty, caused by or resulting Tom the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indenmify and hold lunatics, the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Parchascr may be put or subject by reason of any net, action, neglect. omission or default on the pan of the Scllcr, any of his contract., or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccedings shall be hmught against the Purchaser, or its affects, 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 nficcrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers men expense, to pay any and all costs charges, ameacys fees 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 proceedings, and in case judgment Or other lien be placed upon or obtained against the property of the Purchaser, or said parties in Or as a result of such suits or other proceedings. the Seller will at once cause the same I. he 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 Imes and regulations with regard to safety including. but without limitation, the Occupational Safety and JJcallh Act of 1970 and all odes and regulations issued pursuant themto. Revised 03/2010