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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9122727PURCHASE ORDER PO Number Page City of 9122727 1 of 2 ` This number must appear F6rt Collins1 , on all invoices, packing slips and labels. Date: 05/10/2012 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: 05/10/2012 Buyer: ED BONNETTE Note: PER QUOTE #14357150 FROM TONE TUSKAN DATED 10-MAY-12. Line Description Quantity UOM Unit Price Extended Ordered Price INSIGHT QUOTE#14357150 1 LOT LS 9,310.32 SQL SERVER STD CORE 2012 LIC U 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: 10.32 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By .statute the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWATVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance tithe terms and conditions hercof, failure or delay to Internal Revenue, Dcnve%Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for gaols hercundcr 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 warmmics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be rearmed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as nature such goods. regardless instruction, form the City of Fort Collins, of when shipped, received or accepted, is to any prior or subsequent dcfaull hercundcr, nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as n waiver of any of the terms Inspection. GOODS are .subject to the City of Fort Collins inspection nn arrival. hereof. Final Acceptance Receipt of the merehandis, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort 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 ofall applicable required inspection pmcedums. violations arc in fact borne by the Pumhascr. Theretofore, for good cause and as consideration for cxcinning this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 96522, unless required under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise .specified on this order. If permission is given to prepay freight and charge sepnmtely, the original freight purchased or acquired by the Purchaser purstmnt to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuacmrem have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to coffee, nonconforming or defective goods byn date to be agreed upon by the expected from 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 comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs usmciarcd with each work. Permits. Seller shall procure at sellers sole cost all necessary permits. eef ifieales and licenses required by all applicable laws, regulations, ordinances and mles 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 vender. Seller fonder agrees to hold the City of Fen Colliers hamdca from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations ordinances, rules and requirements. Authorization, All panics to this contract agree that the representatives arc, in fact. burn fide .and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or di Benno terms and conditions proposed by seller arc objected mind herchy 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 essence. Delivery and perfoffnanec must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event of any 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 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 ofnegligence, such acre of God, acts of civil or military authorities. governmental priorities, fires, strike. fond, 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 receiveal knowledge thereof. In the event of ore' 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 good, 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 care 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 (I) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hercunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim antler this wwmaty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all dnmagcs proximately caused by the breach of any of the Tangoing ware ,tics or guarantees, but Such liability .shall in no event include loss afprofts 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. CHANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tcmus, other than legal tents, including additions to or deletions fmm ,he gnardife, originally ordered in the specifications or drawings, by verhal nr u'ramn flange offer. If any such chance affects the amount due or the time ofperfomanec 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, subjeel to nny equitable adjustment 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 wark. for incidental or consequential damages, and that no such .adinsonent be made in favor of the Seller with respect In any good which are the Sellers; standard slack. No such temtinntion shall relieve the Purchascror the Seller uf any oftheirobligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Farm 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 stria compliance with all applicable laws and regulations to which the good 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdese firm all costs and damages suffrnd by the Purchaser as a result of the Scllcrs failure to comply with such low. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior n'rinen consent of the other pony. 10. TITLE. The Seller warms full, clear and unrestricted title to the Purchaser for all equipment. mntcria IS, and items fumi,hed in perfom once of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of nay tier from all liability and claims of any nature resulting fmtn the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officer, and employees nfsueh pony. The Sellers conlruchml obligations, including wamnty, shall not be deemed in be reduced. in any way. because such work is performed or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Scllcr is required to locally design, dceicc, material or process covered by lener. patent, trademark or copyright the Scllcr shall indemnify and save harmless the Purchaser fmm 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 nny cost, expense or damnge which it may be obliged to pay by reason of such infringement at any time during the prosecution or attcr the completion of the work. In csc said equipment, or any part 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 mid equipment or pans, replace the same with substantially equal but noninfringing equipment or modify, it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall became insolvent or hanknupq make no assignment for the benefit of creditors, appoint a receiver or trustee far any of the Sellers property or business, this order may Forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofihe ngrecmem and the rights atoll parties hereunder shall be c u stared under and governed by the laws afthc State of Colorado. USA. The following Additional Conditions apply only in case, where the Seller in to perfomn work hereunder, including the services of Scllcrs Rcpoescatative(s), oa the premises nf,,thcr,. 11. SELLERS RESPONSIBILITY. The Scllcr shall carry on mid work at Scllers own risk until the mmc is fully completed and mccpicd, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When materials red equiparcal are fitrnisbed by others for installation Or erection by the Seller. the Scllcr shall receive, unload, snrc and handle same at file site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on or in connection with the work coycmd by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive genco l liability including, but not limited to, emnracnml and automobile public iahility insurance with bodily injury and dcmh limits of at Icaar S300,000 for any one person, S500.006 for am, one accident and property damage limit per accident of S400.000. The Seller shall likewise require his comnelars, 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 Nhers. the Seller shall furnish the Purchaser with a cenifcate that such compensation and insurance have been provided. Such certificates shall specify the date when such eompenmtion and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr 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 assumes the entire mspnnsibilin, and liability for any and all damage, lass or injury ofany kind or nature wh stscvcr to persons or property caused by' or msubing Form the execution ofihe work pmvidcd for in this purchase order or in connection herewith. The Seller will in lcnmify and hold hamdess the Purchaser and any or all of the Purchnscrs officers, agents atd employees fmm and against any and all claims, lasses, damages, chmgcs Or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser cony 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 offecrs, agents Or entployccs. In case any suit or other proceedings shall be brought against the Pmrchamr. or its affects, agents or employees at any time on account or by reason of any act, action, neglect omission or default of odes Seller of any of his contractors or any of its or their officers. agents or employees as .aforemid. the Scllcr 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 fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, .agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofihe Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller will it once cause thematic to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety, precautions, furnish and install all guards necessary for the prevention of .accidents. comply with all Inxrs 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. Rni,ed 03/2010