HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9121705PURCHASE ORDER PO Number Page
City Of 9121705 ' of z
' 6rt Collinshis number must appear
' 1on all invoices, packing
slips and labels.
Date: 03/21/2012
Vendor: 289716
INSIGHT PUBLIC SECTOR INC
22721 E MISSION
LIBERTY LAKE Washington 99019
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 03/20/2012 Buyer: ED BONNETTE
Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #20556YYY11P,
AND PER QUOTE #14275739 DATED 15-MAR-12 FROM TONE TUSKAN.
CITY CONTACT IS MICHELLE CARR; (970)221-6523.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 MSELECT OFFICE PRO PLUS 2010 1 LOT LS 98,952.00
MP SINGLE LANG QTY (300)
2 MSELECT OFFICE STANDARD 2010 1 LOT LS 169,092.00
MP SINGLE LANG QTY (700)
Total $268,044.00
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 Turns and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions, Dy statute the City of Fort Collins is csempt film state and local taxes. Our fsemption Number is
99-M502_ Federal Escisc Tax Exemption Certificate of Rc,istry 94-6000587 is rcgislcrc,l with the Collector of
Internal Revenue. Denver. Colorado (Ref. Colorado Raised Smmncs 1973. Chapter 39Q6. 114 (a).
Gook Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
dmmnge in transit, may be mounted to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Two Collins.
Inspection. GOODS ate subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay u,
exercise any rights or remedies provided herein or by Irv, Ltilnfc to promptly unify the Seller in the anal of a
breach, the acceptance nfor payment for goods hereunder or npprmml of the design. shall not rekasc the Seller of
nay of the warm one, or obligations of this purchase order and shall not be deemed a Waiver of any tight of the
purchaser to insist upon strict performance herenforany of ire rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral ...Miffctumn or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the mcrchandim. services or equipment in response no this order can result in 12, ASSIGNMENT OF AN'I'[TRUST CLAIMS.
nothorized payment on the pan of the City of Fort Collins. However. it is in be understand dint FINAL Seller and the Purchaser recognize that in actual economic potence, nvercharges resulting from anGimat
ACCEPTANCE is dependent upon completion ofall applicablc required inspection procedures s'in wins are in fact borne by the Purchaser. Theretofore, for grad cause and as consideration for executing this
purchase nnlct, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.P., City of Tom Collins, 70p Wood St.. Fort Collins, CO 50522. unless acquired under federal of state emitrst lairs fio 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 In this purchase order.
bill must accompany invoice. Addifiorml charges for finicking will not be accepted.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mnnuGuru i, have distributing points in various pans of the country. shipment is Uthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by ncc
expected form the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and mire Seller thcreallcr indicates its inability of unwillingness to comply. the Purchaser
shipments arc made (rent greater distance. may cause the mark to he perfnmmM by the most expeditions means available to it, and the Seller shall pay all
emis associated wifh such work.
Permits. Seller shall procure st sellers sole cost all necessary permits, certifcaess and licenses required by all
applicable laves, regulation%. ordinances and rules of the state, mfmicipslity. territory or political ,subdivision where
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 Eon Collins harmless from and against all liability and less
incurred by then, by reason oft. ,signed or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authoi9z fion. All parties to this contract agree that the rcprcscemtiv"s arc. in fact, bona fide and possess full and
complete authority to hind said panics.
LIMITATION OF TERMS. This Purchase Order exprcc lylimits acceptance to the terms and conditions stated
herein set font and any si pplcmemmy or additional terns and conditions annexed hereto or incorporated herein by
reference Any additional or different tern and conditions pmgased by seller arc objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipnent to move on your
premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order oral the documents attached hereto. No acts of the Purchasers including. without
limitation, acceptance of panial late deliveries shall operate as a waiver of this Provision. In the event of am' delay,
the purchaser shall have, in addition to other legal and equitable remedies, the option nf,d Bing this order elsewhere
and holding the Seller liable for damages Hosc%cr, the Scaler shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence.
such act of Ges acts nfci,iI or military authorities. governmental priontics. Gres, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days oflhc
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 Seller warrants that nil grads, articles, materials and work covered by this order will confirm 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 standards for work of a
similar nature The Seiler agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur on account afire Scllcrs breach ofwammy. The Scllcr sunll replace. repair or make
Sind, without cost to the purchaser. anv 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 u:amnty provided by the Scllcr after the date of
acceptance of the funds furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect
or defective work done or mmerials furnished by the Scllcr Acceptance or use of goods by the Purchaser shall nor
constitute a waiscr of any claim under this warranty. Except as otherwise pmvidcd in ibis purchase order, the Sellers
liability he cunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics
or guaruntces, but such liability shall in no "vent 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 h gal term by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the Isms, other than legal terms, including iddition,v to or deletions from
fire quantities originally ordered in the specifications or drawings. by verbal or written eleinge order. If any such
change affects the anterior due or the time of performance hereunder, an equitable adiummcni shall he made.
A. TERM (NATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the
grad then not shipped, subject to any equitable adjustment betnccn the parties as m 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 ad usbouat be made in
favor of the Seller with ov t et to any grads which arc the Sellers standard stuck. No such tcmimition shall relieve
the Parchatcr or the Seiler of any of their obligations as to any gneds 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.
A. COMPLIANCE WITH LAW.
The Seller warrants that all grads sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance ,with all applicable laws and regulations to which be good are subject. The Seller shall execute and
dclivcr,such documents as may' be required to effect Or milcace conmpliancc. All laws and regulations required to he
incorporated in agreements of this character are hereby incorpomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, minty monies due or to became due hereunder without the
prim e,rimen consent of the alhcr party.
10. TITLE.
The Scllcr vwmnts full, clear and unrestricted title to the Purchaser forall equipment. materials. and items furnished
in perfomance of this agreement, free and clear of any and ill liens, restrictions, rcsenniters, scradle interest
encumbrances and claims ofelhcm.
The Seller shall release the Purchnser and its contractors of any net from all liability and claims of anv nature
resdiing from the performance of such vvurk.
This release shall apply even in fire "vent of fault of negligence of the piny released and shall extend to the
directors. officers and employees ofsuch party.
The Sellers contractual obligations, including warn arty. shall not be deemed to be reduced, in any way. because
such work is performed or caused in he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required in use any design, device, material or process covered by letter, patent trademark
or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringcmcnt
by rcnsan of the use of such patented design, device, material or process in cormection with the contract, and
shall indemnify the Purchaser ninny cost, expense or d inge which it may be obliged to pay by reason of snch
infringement at any time during the prosecution or after the completion of the Wink. In case said egn tuarem, or
any pan therm( or the intended roc of the grads, is in such snit held to constitute infringement and the use of
said equipment of pan is enjoined. the Seller shall, at its men expense and at its option, either procure for the
Purchaser the right to continue using mid equipment or parts, replace the same wish substantially equal but
mnninfringine equipmwnt or modify it so it becomes m ainfringmg.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpf, make an assignment for the benefit of creditors, appoint a
receiver or trustee for env of the Scl his pfelicity or husi ness, this order may forthwith he en acclM by fire
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tents used or the interpretation of the agreement and the rights of all panics hereunder shall be
ennsrued under and governed by the laws of lire State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perfomn work hcrcundu.
including the scniccs of Scllcm RUmsentative(s), on the premises ofothers.
17. SELLERS RESPONSIRILffY.
The Seller shall carry on said work at Seller's own risk until the mine is Gully completed and accepted, and shall,
in case ofany accident, destmction or ininry it, the work and/or materials before Seller's final completion and
.acceptance. complete the work i1 Seller's men 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 it the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the enter,
19. INSURANCE.
The Seiler shall, ar his own expense, provide for the payment of,vrorkers compensation, including occupational
disease benefits. to its employees employed no of in connection with the work cm'crcd by this purchase order,
and/err to their dependents in accordance with the Inws of the state in which the work is in be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and mitanmbile Public
linhiliry insurance with hmtlly injury and demh limits ,far least S300.000 for anv ore Terse, S500.000 for nny
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, in provide fnr such compensation and insurance. Before anv of the Sellers or his contractors
employees shall do any work ,pan the premises of others, the Seller shall furnish the Purchaser with a ecttifiezte
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Stich certificates shall specify the dew when such compensation
and insurance expires. The Scllcr agrees that such compensation and insumnecshall he maintained until after the
entire work is completed and accepted.
19. PROI'EC'I'ION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hercbv assitnics the entire responsi elity and liability for any and all damage loss or injury ofany kind
or nnmrn vahaisoc%cr to persons or property caused by or resilling from the execution of the work pmvidcd for in
this purchase onicr or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers effects, agents and employees from and against any and ell 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 ao act, action, archer. omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or cmployces. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers. agents ar cmplovecs story time on account or
by reason of any act, action, neglect omission or default of the Seller of anv affix contractors or any of its or
their affects, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to
defend the same al the Sellers own expernsc, to pay tiny and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affirm. .
agents or cmpinyces in such snits or other proceedings, and in ease judgment or nccr liar he placed upon or
obtained against the property of the Purchaser, or said parties in tar as a resth of such suits mother proceedings,
the Seiler will at once cause the same to be dissolved and discharged by giving bond tar olhmvisc. The Seller and
his contractors shall lake 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, huts without limitation. the
Occupational Safety, and Health Act of 1970 and all mles fund regulations issued pursuant thorn.
Revised 0312010