HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9145560Fort Collins
Date: 09/25/2014
Vendor: 289716
INSIGHT PUBLIC SECTOR INC
22721 E MISSION
LIBERTY LAKE WA 99019
PURCHASE ORDER
PO Number Page
9145560 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: 09/24/2014 Buyer: ED BONNETTE
Note: PRICING PER STATE OF COLORADO/WSCA PRICING AGREEMENT 20556YYY11M/WSCA
AND QUOTE #216023396 FROM GINI BRESCIA DATED 9/9/14.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 MICROSOFT OFFICE PRO
PLUS 2013 - QTY (50) LICENSE
INSIGHT QUOTE#216023396 - DATED: 9/9/14
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.com
1 LOT LS
16,574.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
L COMMERCIALDETAILS.
Tar, exemptions. By statute the City of Fort Collins is exempt from irate am local taxes. Our Exemption Number u
98-0 502. Federal Excise Tax Exemption Cenficate of Registry 84 6000581 is regis eras with the Collator of
Imemal Revenue, Dem'em Colomda (Ref. Calomdm Revised Simmons 1973. Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to coed specifications, either when shipped or due to defects of
damage in mrmit, may be returned to you for credit and are not to be replaced except upon receipt of written
Instmctions from the City of Fan Collins.
Inspection. GOODS are subject to use, City of Pon Collins inspection on consul.
Final Acmptance. Receipt of the craahandise, sandices ar egormarm in response 1m this order ..a load in
authorized payment on the pan of the City of Pod Collins, However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of ail applicable required inspection procedures.
Freight Terms. Shipments most he F.O.B., City of Fort Collins, Too Wool St„ Tom Collins, CO 80522, unless
otherwise specified on this order. If peaniscion is given to prepay freight and charge scpamtely, the Original freight
bill most accompany invoice. Additional charges fOr packing will not be acmptN.
Shipment Distance. Where mfnufac mers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted train Invoice when
shipments me made from greater distance.
Permits. Sella shall procue at sellers sole cost all necessary permits, cenificata card licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, reuiory or political subdivision where
the work is performed, 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 hornless from and against all liability and loss
inconal by them by reason Of an asserted or esmbIalied violation of any such laws, regulations, announces, roles
and requirements.
Authorization. All parties to this comma agree dim the representatives are, in fact, born fide and possess full and
complete authority to bind said p aria.
LIMITAg1DN OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional leans and conditions annexed hereto or incorporated herein by
reference. Any additional or Efferent terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENCY immmindly ifyou cannot male complete shipment I. arrive on your
promised delivery dam as farm. Time is of the asenee. Delivery and performance most be ef@cred within the time
stated can the purchase order and the documents attached hereto. No acts of the Purchasers including. without
limimtion, acceptance dpartial lam deliveries, shall opauto as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable damages, 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 tot damnably foreseeable which art beyond its reasomble control am without its fault of negligence,
such acts ofGod, acts of civil or military authorities, gvvemmental Theories, fires, strikes, Goad, epidemics, wars or
doh provided that notice office conditions musing 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 far the period equal m the time actually far by reason offhe del,.
3. WARRANTY.
The Seller warrants rhat all goods, articles, mmerials and work covered by this order will conform with applicable
drawings, specifications, sample, andoor other descriptions given, will be fit far the purposes intended, and
performed with the hippest 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 less, damage of expense which the
Purchaser may suffer or incur con maum of the Sellers breach of —rand, The Seller shall replace, repair or make
good, without cast 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 warranty provided by the Seller after the date of
acceptance of the goods fmuhed hereunder (acceptance rest no be ameasnrably delayed), resulting from imperfeel
or defective wort done or materials finished by the Sella. Acceptance or use of good by the Purohasa shall not
constitute a waiver of any claim under this waranty. Fscem as otherwise provided in this pumhwn order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waranties
or guarantees, but such liability shall in no event include loss of profits of lass of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes o legal it. by written change all
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal tams, indnding mlditions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
also, al rift; the amountdueor thetimeofperfomerse hereunder, can equitable adjustmentshall be at
6. TERMINATIONS.
The Purchiser may at any time by written change order, situation, this agreement in o any or all portions of the
goods then not shipped, subject o any equitable adjtmmmt between the parties as m my work or an iole then in
Progress provided coal the Purchaser shall del be liable for any claims for anticipated prof¢ can the uncompleted
Poland of the goads mat work, for incidental or consequential damages, and that no such adjmtment be made in
favor of the Seller with respect to any goods which ere the Sellers mankind stock. No such....moon shall relieve
the purchaser car the Sella ofmy oftheir obligmiOru as to my gads delivered hereunda.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the dote the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants cat all goods sold hereunder shall have bred produced sold, delivered and f mished in sweet
complince with all applicable laws and regulmiom da which the good are subject. The Sella shall execute and
deliver such decummts as may be required 1. effect or evidence compliance. All laws and regulmions required to be
nwrymated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and held the Purchaser hamles5 from all costs and daaag. sufrered by the Pmchaser m a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall swift transfer, or anvcy this order, or my monies due or to become due hereunder without the
prior wrinan consent ofthe other putty.
10. TITLE.
The Sella warrants full, clear and unrestricted tide to the Purchaser for all equipment, natenaft, and items famished
in perfommme of this agreement, fee and clear of any and all lice, restrictions, remotions, security interest
encumbmnces and claims ofothers.
11. NONWAIVER.
Failurt of the Purchaser m insist upon most performance of the corms cad conditions herei failure fir delay to
exerafte any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a
beach the wax tance ofor payment for goods hereunder or approval mfthe design. shall not mace the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon stria performance hereof or any of its rights or remedies as Ian any such gads, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate e a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, mva<harga resulting from antitrust
violations are in fact home by the Purchaser. Theretofore nm or good cause and to, consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant o this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Set let, and the Seller thereafter indicates its inability or unwil lingnew to comply, the Purchaser
may caux the ..,it o be performed by the moss cxpedhims means available m it, and the Seller shall pay all
casts associated with such work.
The Seller shall release $e Purchaser and its conductors of my tier from all liability and claims of any nature
resulting from 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. officers and employees of such party.
The Sellers mmraaml obligations, including warranty, shall nat be domed to be reduced, in my way, because
such work is Performed or mused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by laser, patent, trademark
r copyright, the Seller shall indemnify and save hamtlas the Purchaser had any and all claims far infringement
by reason of the use of such patented design, device, material or process in connection with the commit, and
shall indemnify the Purchaser for any cast, expeme or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or
any pan thereof or the intended use of the goods, is in such suit held to consllmm infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its oprim, either procure for the
Purchaser the right to continue using said equipment or pass, replace the come with substantially equal but
mainfHnging equipment. or modify it se it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint e
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 deficiima ofterrm wand or the interpretation offhe agreement and the, rights of all patties hereunder shall be
camWed under and govcmed by the laws 11 Score of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
ncluding the services of Sellers Ift,ammuticas), on the premises midlers.
I). SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, dafrmtion or injury to the and, maker maferisls before Sellers final completion and
acceptance, complete the work of Sellers own exparm and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for imtalladmn or confirm by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become respauible therefor as though such materials an i/i, equipment
were being cadmium by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of worker compensation, including occupafioml
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 Seller
shall also carry comprehensive general liability including, but not limited to, contradml and automobile public
noun, insurance with bodily injury and death limits of at least S300,000 for any one Panama, 5500,000 for any
one accident and imply damage limit per accident of S4100,000. The Seller shall likewise require his
cmmracmrs, if any, to provide for such mmprumion and immune. Before any of the Sellers or his contractors
employees shall do any work upon the premises of orders, the Sella shall famish the Purchaser with a certificate
that such compensation and imurance have been pleaded. Such certificates shall specify tM date when such
compensation and insurance have been Provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella 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 retire rvponsibility and liability for any and all damage, loss or injury orgy kind
Or nature whan over to persons or Forgery mused by or resulting from the execution of the work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or experues, whether direct or indirect, and whether to persmas Or primary to which the Pumhaso may
W put or subject by reason of any act, action, neglect, emission or default on the prof of the Seller, any of his
commands Or my of the Sellers or contractors officers, agents or employees. To one, my suit of other
proceedings shall be brought against the Purchaser, Orr its olficm, agents or employes at my time on account or
by ..a of any ant, mlion, neglaq omission or default of the Sella of my of his comtacmrs or any of its or
their officers, aged or employees as aforemid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expaue, 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 my of its or their officers.
agents or employees in such suits or other proceedings, and in case judgment at other him be placed upon or
obtained against the property of the Puehsscr, or said Entries in or as a result of such suits or other proceedings.
the Seller will at once muse rise same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the
Occupational Safety and Health Act of 1970 and all roles and regulations Issued pursuant hand.
Revised 01R014