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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9117653Fort Collins Date: 12/28/2011 Vendor: 289716 INSIGHT PUBLIC SECTOR INC PO BOX 713096 COLUMBUS Ohio 43271-3096 PURCHASE ORDER PO Number j Page 9117653 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/01/2012 Buyer: ED BONNETTE Note: PER QUOTE #14135928 DATED 5-DEC-11 FROM BRANDON CARLSON TO JOHN WEEKS. CONTACT IS JOHN WEEKS; PHONE#(970)420-7173. PRICING PER STATE OF COLORADO PRICING AGREEMENT # 20556YYY11 P. Line Description Quantity UOM Unit Price Extended Ordered Price I INSIGHT QUOTE#14135928 J. HUSTED 1 LOT LS CONTACT PERSON: JOHN HUSTED JHUSTED@FCGOV.COM C3 O✓l�:�Q�Z 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: 8,979.35 979.35 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO *80522-0580 Purchase Ordcr Terms 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-M502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upan 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 right., or remedies provided human or by lax, failure to promptly' notifv the Seller in the event of n breach. the acceptance oforpzyment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped at 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 returned to you for credit and arc not to be replaced except upon meeipt of written purchaser to insist upon strict perfnrmxnec hereof or any of its rights or remedies as to any such goods. regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor sho II any purported oral mrdificntinn or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents Inspeclion. GOODS are subject to the City of Fart 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 Tom Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 ear hereafter Freight Tams. Shipments must be F.O.B., City of Fort Collins, 700 Word St., Fm Collins, CO R0522, 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 porchnsed oracquiral by the Purchaser pursuant to this purchase order. bill must 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 directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the rarest 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 comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be Performed by the most expeditious means available to it and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificatcs and liames required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision when the work is perforated, 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 form and against all liability and loss incurred by them by reason of an asserted or established violation of any .such laws, regulations, end inanccs. miles and requirements. Authorizatinn. All panics to this contract agree that the representatives arc, in fact, bona fide and pos,c,s fall nod complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly 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 .,different terms and conditions pmpnsed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year premised delivery date as noted. Time is ofihc essence. Delivery and pMormance most be cHatM within the time stated on the purchase order and the documents attached hcrcm. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of anv 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 an beyond its reasonable control and without its fault ofnegligacc. such acts ofGnd, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rims 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 be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Scllcr wamnts that all goods, articles, materials and work covered by this order will con font 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 standard for work of a similar mare. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamnty. The Seller shall replace, repair or make goad, 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 of any applicable wamnty provided by the Scllcr aRer the date of acceptance of the goods famished hacmtder (acceptance not to be unreasonably delayed), resulting fmm impaliat or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this amtanly. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties 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, CHANCES 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 front the quantities orfginnlly ordered in the specifications or dmmings. by verbal or written change order. If any such change affects the amount due or the time ofperfomance hereunder, an cquitahlc 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 adjusment between 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 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 temtination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or tcmrnuition is aMcrcd. R. COMPLIANCE WITH LAW. The Seller ..at, that all good 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 laves 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 hamlcss from all costs and damages su Dered 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 ofthe other party. 10. TITLE. The Seller namnts full, clearand unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contactors of nay tier fmm all liability and claims of any nature resulting from the performance ofsuch work. This rcleaec shall apply even in the event of fault of negligence of the party released and shall extend In the directors. officers and employees of such party. The Seller's contractual obligations, including wamnty, shall not he deemed to he 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 use any design, device, material or process covered by letter, patent, trademark at 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 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 ofthe work. In ease 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 Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it sea it bceomes noninfringing. 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 Sellcm property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform Work hereunder. including the services of Sellers Repmsentativo(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cant on said work at Scllcr'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 Sclla's final completion and acceptance, complete the work at Sella s own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by mhcrs for installation or erection by the Seller, the Seller shall mccivc, unload. store and handle same at the site and become responsible therefor as though such mateials and/or equipment were being famished by the Seller under the order. 19, INSURANCE. The Seller shall, at his men cxpcnsc, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work cnverM 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 Lad automobile public liability insurance With bodily injury and death limits of eat 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 do any work upon the premises ofathers, the Sellershall furnish the Purchaser with a certificate that such compensation and insurance hoc ban provided. Such ccnificatcs shall specify the date when such compensation and insurance have been provided. Such ecrtificates 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 ofany kind or 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 ear all of the Purchasers oMe,.. agents and employees fmm and against any and all claims, losses. damages, charges or expenses, whether direct or indirect. and whether to paeans or property to which the Punha a 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 pmccedings shall be brought against the Purchaser, or its otficcn, 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 officer, 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 costs, charges, attorneys fees and other expenses any and at] judgments that ntay 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 he placed upon or obtained against the property of the Purchaser. orsaid panics in on 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 hi, contractors shall take all safety precautions, furnish and install all guards necessary for the pmw'ention 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 odes and regulations issued pursuant thereto. Revised 03/2010