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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9143603Fort Collins Date: 06/26/2014 Vendor: 289716 INSIGHT PUBLIC SECTOR INC 22721 E MISSION LIBERTY LAKE WA 99019 PURCHASE ORDER PO Number Page 9143603 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 06/26/2014 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADOAWSCA PRICING AGREEMENT #20556YYY11 M/WSCA, PER QUOTE #215735641 DATED 03-JUN-2014 FROM GINI BRESCIA. ADOBE CREATIVE CLOUD LICENSE COVERAGE 7/4/14-7/3/15. Line Description Quantity UOM Unit Price Ordered Extended Price t ADOBE CREATIVE CLOUD QTY (15) 1 LOT LS 8,168.25 QUOTE #215735641-BHAAG 2 ADOBE CREATIVE CLOUD QTY (13) 1 LOT LS 5,728.32 QUOTE #215735641-BHAAG City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m Total Invoice Address 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from come and local coxes. Ow Exemption Nmnber e, 11. NONWAIVER. 984e4502. Federal Excise Tax Exemption Catiticam of Registry 84 6000587 is registered with me Collector of Failure of the Purchaser a insist upon shier performance of the terms and conditions hereof, failure or delay to Internal Revenue, Demeq Columbia (Ref. Colorado Revived Statums 1973, Chapter 39-26, 114 fq) excmLce any rights or mmedies provided herein or by law, failure to promptly notify de Seller in the ream of a breach, the acceptance error payment for guuds hereunder or approval oftbe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spcei ficatiom, 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 my right of the damage in mash may be retermed to you for credit and arc not to be replaced except upon receipt of woman pumbascr to insist upon strict performance hereof or my of its rights or comedies as to my such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent &fault he¢uMeq nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Ispation. GOODS sum subject to the City of Fan Collis inspection on arrival. benvf. Final Acceptance. Receipt of the merehanlise, services err equipment in response 10 this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized WM nt ou the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ex ramie pr«utt, overcharges resulting from antitust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. emlado s are in fact home by the Purthmer. Therelof rm, for good auu and on consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, one or hereafter Freight Tess. Shipments most he F.O.B., City of Fan Collins,'!0) Wood St., Fan Collins, CO 80522, uoess acquired under federal or state antitrust laws for such overcharge relating to the pmticulm goods or services otherwise specified on this order. If permission u given to prepay fight and charge sepmam y, the ongiml freight purchased or acquired by the Purchaser pursuant to this purchase maker. bill most accompany invoice Additional charges for packing will not be «cepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dienbuting points in various ryas of the country, shipment a If the Purchaser directs the Sellauv arrrel mnconf ingor defective goods by a date a be agreed open by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Franchiser and the Seller, and the Seller theateaBer indicates its inability or unwillingness In comply, the Purchaser shipments arc made from greater distance may cause the work to be performed by the most expedition rarer. mailable a it, end the Seller shall Pay all costa recommend with such work. Permits. Seller shall procure at sellers sole cost all necessary remains, renifiate and licenses required by all applicable laws, regulmios, ordinances and roles of the scam, mmicipabor, barimry or political subdivision where The Seller shall release the Purcbssv and its wnlraaers ofany tier from all liability and claims of any nature the work is performed, or acquired by any other duly continued public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agree to hold the City of Fort Collins harmless tram and against all liability and lass incurred by them by ramp of an asserted or established violation of any such laws, regulations, ordinances, roles This release shall apply even m the event Of fault of negligence of the party released and doll extend to the and requirements. demean, o➢cas and employee ofsuch party. Author cation. All parties to this cantmm agree that the rcprarourtives me, in fact. loaner fide and possess full and complete authority to bind said panic,. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stared herein set farm and any supplannuary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby mjeate& 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediumly if you mnnm make complete shipment a serve on your promised delivery date as, noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents mrnamed herein. No acts of the Purchasers including, without Futurism, acceptance of partial late deliveries, shall operate as a waiver of this provision. 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. l however, the Seller shall not be liable for damages as a result of delays due to causes net reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, aces Ofcivil or military authorities, governmental priorities, fires, strikes, flood epidemics, wars or Hors 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 pared equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mazarals and work covered by this order will anform with applicable drawings, specifications, samples mltor other descriptions given, will be fit for fire partners intended, and performed with the highest degree of cart and compmence in accordance with accepted smadards per work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage Or expense which the Purchaser, may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaeq any defects or faults arising within one (1) year or within such longer period of rime as may be proscribed by law or by the terns of my aliphatic warranty provided by she Seller after the daze of acceptance of the goods tumished hereunder («ceptznce not to be umeasombly delayed), resulting from imperfect or defective work done or malaria fwnished by the Seller. Acceptance or me of good by the Purchaer shall not consumer a waiver of my claim under this wartanry. Except or othervvise provided in Nis purchase order, the Sellers Liability Meander shall extend to all damage presumably caused by the breach of my of the foregoing wareantis or guarantees, but such liability shall in no event turbine loss of profits 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 change to legal terms by write change ordes. 5. CHANGES RJ COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mma, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by venial or wri wn change order. If any such change affects the amount due or the time of paftera ence hereunder, an equitable Amounted shall be made. 6. TERMINATIONS. The Pucbaser may at any lime by wrom cbar, mdeq terminate Nis agrtemem as to any or all pordoas of the goods than not shipped, subject to any equitable adjustment between the panics as to any work or materials Nen in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on Ne uncomplerN portion of Ne good mdnor work, for incidental or conscquenlid damages, and that no such adjustment be made in favor of the Seller with respect to any Goods which ere the Sellers standard mock. No such termination shall relieve Ne Purchaser or the Seller ofany of their Obligations or to any good, delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and farmstead in strict o r,lemse 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 camplime, All laws and regulations required to be nemporated in agreements of this character are hereby iinum,rmed herein by this reference. The Seller agree to indemnify and hold the Puchaer homeless 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 coown ofthe other party. I O. TITLE. The Seller warrants full, clear and meandered title a Ne Puchaer for all equipment, nationals, and items fumishN in Performance of this agreement, free and clear of any and all lies, mmctios, mannatios, security interest encumbrances aM claims of others. The Seller's contractual obligations, including warranty, shall not he deemed to he reduced, in any way, because such work is performed or auwd to be padfotmN by the Purchaser. 14, PATENTS. Whenever Ne Seller is required to use any design, device, macnd or process covered by lamer, paten', trademark or copyright, the Seller shall indemnify and save hamtles 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 content, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason ofsuch infringement at mry time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the inmaded 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, or its own expense and at its option, either procure for the Purchaser the right in continue using said equipment or parts, replace the same with substantially aml but noninfringing equipment, or modify it so it becomes 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 Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitios of Lama used or the interpretation of the apartment and the rights ofall Panic hereunder sham be coshued under and governed by the laws of the State ofColomdo, USA. The fallowing Additional Conditions apply only in cues where the Seller is to perform work hereunder, including the stances ol'Scllers Rpe sentative(s), on the pmmue of others. Il. SELLERS RESPONSIBILITY. Tire Seller shall wry on said work at Sellers awn risk writ the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work amNor materials bet Sellers fwl completion and n o,frove, complete the work at Sellers own expense and 10 the a isGclion of the Purchaser. When remain, and equipment sore banished by others for inamllmion or reaction by the Seller, the Seller shall receive, normal store aM handle same at the site and become responsible therefor as d augh such remeriak anchor equipment were being furvsbed by the Seller under thr order. 18. INSURANCE. The Seller shall, a1 his own expene, provide for the payment of workers camprearlion, i«luding «cupatoml disease beefs, to its employees employed on or in connection with the work covered by this purhbase maker, andor to their dependents in accordance with the laws of the sum in which the work is to be done The Sella shall also city, comprehrmse gamed liability including, but not limited to, mnlractual and automobile public liability imunnce with bodily injury and death limits of at least $300,000 for any one person, S501,00o for any one accident and pmpeny damage limit per accident of S400,000. The Seller shall likewise acquire his comemors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contracmrs employees shall do any work upon the premise clatters, thc Seller shall furnish the Pmchua with a certificate that such rompnssation and insurance have been provided. Such -indicates shall specify the die when man compensation and insurance have been provided. Such emificams shall specify the date when such compensation and insurance expire. The Seller agrees That such compassion and insurance shall be maintained until after the entire work 0 completed and a scoffed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the afire re waalailiry and liability for any and all damage, loss or injury of any kind r 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 r all of the Purchasers ofivens, egrets unit employees from and against any and all claims, losses, damagea, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase may he put or subject by reason Of any act, action, neglect. omission or default on the pan of Ne Seller, any of his contmcars, or any of the Sellers or contractors officers, agents or employees. In core any suit or other proceedings shall he brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any act, action, refloat, omission or default a the Seller Of any of his contmcars 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 awn expense, to pay any and all costs, charges, attorneys fees and .,her expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my 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 parries in or as, a result of such suits or other proceedings, the Sella will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and irutll all guards necessary for the prevention of accidents, comply with all laws and regulations with trgard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thercm. Revised 03R010