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Home My WebLink About289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9116679City of /110"F6rt Collins Date: 11/04/2011 Vendor: 289716 INSIGHT PUBLIC SECTOR INC PO BOX 713096 COLUMBUS Ohio 43271-3096 PURCHASE ORDER PO Number Page 9116679 1 of 7 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: 11/03/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Quote 14085069 ARRA Funding 2 Quote 14089492 ARRA Funding 1 LOT LS 1 LOT LS FEDERAL REQUIREMENTS ARRA and DOE Funding To the extent applicable, the terms and conditions under federal law listed below are incorporated into this Agreement. No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by DOE. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 64,993.75 1,725.18 Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Termination Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 October 20, 2011 Price Analysis & EPLS for Insight Public Sector Price Analysis Insight pricing is specified in the State of Colorado award for Telecommunications - Data Communication Products and Services, 20556YYY11 M, currently in effect. The Insight agreement is a cooperative agreement for the purchase of computer software. These pricing in the Colorado award is the result of a competitive process. EPLS Search, Insight Public Sector: Excludi;dl >hN:rC N Saareh RaxrL ler ParLW EttWEaG CY >NrdFlc Ilvrrz Fun. Entlry, x Vesfal: lr.yM PUWk SecWr E. Name aM SSLRW Aaof0. owIDO U}PNEDT >YyF.i'LS Svem MyEPLS r Hrxml >&ewSeNRmaJz AR- TOYrauR�murmEoo nauln. Back New SeamF Prhr.,FMrC >PmcuerreN Cak. +llppecvarer[C.o]es >A•S ,o ,rcM1mz >SL ItlCouMry l'.Wr.•Oexrggnt >Rebr ua e >Mrv'ittr:tlm� >uPkw Lam >SmchM >PMM[M $exC�Tq$ +RN[USNS \IdrW >FAQ 'Riaa[YMPmAsvu >NM >SYbemlIX Awatl Mana9nnerq i I ISPM) >hYneN Ruts I.HttW IkaNWs >wsroo.a I >AMmcetl Ncknw 5erccu I ' Roc. Nmrez >RecenE >&owx•N .RRttwM - >rurNet remsse.2eoe,k City of Fort Collins TO: Jim Hume, Senior Buyer FROM: Paul Folger, Director— Infrastructure Services DATE: 15 September 2011, -- RE: AMFC Infrastru rem Independent Cost Estimate Management Information services 215 N. Mason St. PO Box 580 Fort Collins, CO 80522 970.221.6790 970.221.6329 fax fcgov.com The Advanced Meter Fort Collins project is approaching the milestone of completing computer hardware infrastructure specifications. Vendor workshops, focused on distilling Utility Services business requirements into data storage and server capacity, performance, and business continuity requirements have been underway for the past 6 weeks. Combined requirements for the Meter Data Management System (MDMS) and the Advanced Meter Infrastructure (AMI) system will entail implementation of 16 servers in a combination of dedicated server blades and virtual servers, as well as approximately 21 Terabytes of Storage Area Network (SAN) capacity by mid -November. To meet this highly aggressive project schedule, the infrastructure acquisition process needs to be initiated as soon as equipment specifications have been finalized. The cost estimate for combined SAN and Server investments is $450,000. This figure is based upon prior year investments in comparable hardware by the MIS Department. AM[ and MDMS implementations may require equipment that varies somewhat from the City's installed infrastructure, however it will be closely aligned with the overall computing architecture. For this reason, the basis of estimated cost is a reasonable approximation. Page I of l i AMFC Infrastructure Investment Estimate PURCHASE ORDER PO Number Page City. Of9116679 2 of 7 `t Collins This number must appear ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Breaches and Dispute Resolution Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City's Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 City of F�o_rt Collins i PURCHASE ORDER PO Number Page 9116679 3of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages ---of this [designate material] have been submitted in confidence and contain trade secrets or proprietary information, and;such data shall be used or disclosed only for evaluation purposes, provided that DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government' s right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. Debarment and Suspension Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements The following requirements apply to the underlying contract: c3. oi�A4 � 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 PO Number Page Clty, OfCollins �� 9116679 a °f 7 F6r} Coll I ns This number must appear ,�—,J`-' ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9116679 5 of 7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price and to the DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.); and c) to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. , Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as applicable, on AMI System and Contractor Services jobs created and retained at the " contractor" or " Contractor" level by Contractor, as required for the City to comply with the Federal Assistance,Reporting Checklist, DOE F 4600.2 and the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final Close -Out Report Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data at the end of the DOE Grant Agreement performance period regarding Project completion. Contractor will complete a final close-out report which shall include such information and detail as the City, DOE or any other Governmental Authority shall request regarding the Project and Contractor services. If the AMI System and the Contractor services are completed or terminated prior to Project completion, Contractor shall provide the City with a final report of the AMI System and the Contractor services through the date of termination of this Agreement. American Recovery and Reinvestment Act of 2009 Buy American - not applicable. See below. Source: OMB Circular A Desk Guide to the Buy American Provisions of the Recovery Act- February 2011" Computer Hardware and Software Server virtualization software and energy efficiency software are not manufactured goods; and thus not subject to the Buy American provisions. Cables and connections are examples of types of hardware equipment that could fall within the Buy American Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page Clty. OfCollins ��►► 9116679 s of 7 Flirt Coll I ns This number must appear ,�_J`_' ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Recovery Act provisions because their installation makes them a permanent fixture in the building, similar to electrical wiring and outlets. Specific examples include fiber optic, Cat-5, or other cabling when installed inside walls, ceilings, or flooring; conduit when installed inside walls, ceilings, or flooring; and RJ45 and other connectors when affixed to a wall or floor. Computer equipment that is built into the building, such as computer systems that are wired into the HVAC system or used to create a " smart building" could fall within the Buy American provisions under the same theory. By contrast, personal computers, file servers, and networking hardware equipment are typically easily removable and not intended to be permanent fixtures. As such, these products are not covered by the Recovery Act Buy American provisions . Other examples of hardware components that likely are not covered are- laptops or notebook computers, personal digital assistants, hand-held computers, and wireless communication devices; peripheral input/output devices - including keyboards, printers, etc. Economic Stabilization Contracting Employ American Workers Act (b) PROHIBITION.- (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. 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: City of Fort Collins $66,718.93 Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ter is and Conditions Page 7 of 7 I. COMMERCIALDEIAILS. Tax exemptions. By stature the City of Pon Collins u exempt funs see and local axes. Our Exemption Handles is 11. NON WAI VER. 98-0a502. Fedora l Excise Tax Exemption Cannons, of Registry &U6000587 h registered with the Collector of Failure of the P.mhasor Ire insist upon ,net paficad—re of the comas and vendor... h see[ fail... or delay a Imuwl Revenue. Demo, Colonel C.Iond. Rev fad S,aurs 1973, Chapter 39-26. IIa H). exercise any rights or mincre, prat eed herein or by lax: radium toprvmrily notify the Seiler in the cent of branch, the a endure rotor puymen, far goods ha.undo or approval of the design, shall not release the Seller of Goods ]rejected. GOODS REJECTED due to failure to nice, sponfe rmar, .,her when shipped or due R, defers of damage in transit, may be returned m you let crash and are not to be replaced except upon accord of wrinen ,mdrainev from be City of ern Collins. Inspection GOODS am subject to the City ofForn Collins mgxglnn on arrival, Final Avoidance, R,v,r of he n erhandis...v equipmme o ent in response this order a result in amimrued payment on the pm of the City of Fell Collins. However, it is to be mentioned!mentioned!a that ACCEPI ANCE is dependent upon completion of all applicable required inspection parallelisms, Freight ferns. Shipments most b. F0.11., City of Tom Collins, 700 Wood Sr. Fort Cuban. . CO 80522, unless othcrris, sparifcid on this stile,. If damnation is Risen to prepay freight and charge separmdX the original (might bill mmsr accompany invoice. Additional charges for Faking will not Be occurred, any of aha xmrentiev or obligations odthis pumhose order and shell nut be deemed a weiver crony right of the purltasn to insist stand strict perfomance taximeter any of its rights en mmedles ors to any such prods, regardless of sshen shipped, received or u aped, ax.a any prior n equc xubsnr default hereunder, nor shall any pd"ared oral.. o..diticunnn or msis...nn o f Ibis pmvhasc order by the Pura,ma operate as a waiver orally of the tans recall L. ASSIGNMENTOF AN I ITRUST CLAIMS. Seller ate the Purchaser recognize that in astral economic practice, overcharges resulting from mothnl violations are in fan Write by the Nodose, Themmmn:for good came and as consideration for exceeding this purchase from, the Seller hemby sasigm to the Purchaser any and all claims it may now have or hereafter acquired undo federal or state antitrust laws for such overshei rehiring to the particular goods or services purchaad of acquired by the Punk ser pursuant as this purchase color. 13_ PURCHASERS PERFORMANCE OF SELLERS OBLIGAT IONS. Shipment Distance. Where manufacturers have distributing paints in various proof of the court, shipment is Ifde Purchncrmove. the Seller to cars l nonconforming ordefative Rassix by. date to heagreal upon I Hr colonial Hard the normal distribution point to dvod ion, and excess freight will be tlNucmd fore Imvic.when Pumhaaar and the Si ad the Seller haft indicates its inability or unwillingness to comply, the Purchaser shipments arc node from greater distance, may cause the work a b, parfofmed by the most examine., mean ...liable m it, and the Seller shall pay Al rats asoractood with such walk. Permits. Salle, shall procure a, sellers sole e.,I all noce,sm, pclumb. aniflcates and licem'es required by all applicable luwh, regulmi.m. oodinuncen ..to miss of the state, nenicipallry, Under, or pohlical suhdivisian where the work is Flo,broed, or mcddm by any other duly colo ialcd public authority has ing jurisdiction over the work of vendor, Sall" further ague" at hold Ho City of Fiat Collins handless from vad against all linbilily mad Ions incurred by ILcn, by reason of an asscned or established violation of any such laws, regulations, ordinances, rules and mquir moots. Authonzatiun. All panics o this contract agree that the representatives arc, in fact, bona fiat, and peww full and omplcte euthodty m bird aid panics. LIMITATION OF TERMS, This Purchase, Order expressly limits occurrence to the ems and conditions voted formal set loch and any supplement or additional torn and conditions annexed hmmm or incerparuted human by reeconce, Any additional or dificmnt Isms and conditions platinum by seller am objcacd Io and hereby rejcaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment as arrive on your plamism dclivcry mate a nered.'Jim, is nflhaaloacc. Delivery and performance must be eficand within the time stated a. the pumhas, omen and she daamnelns zonched harm. No am, of da Purchasers including, with.. diamonds, acceptance of partial lac doffs ones, shut l operate as a waiver of this pro ,, In theevem ref any delay, the Purchaser shall have, in addition to other legal and equitable manages, the option upplacing iris order aluwhem and holding the Seller liable for damages, However, the Seller shall not be liable fin damages as a result of tlelays mac Incomes to, reasonably foreseeable which arc beyond Is actswouble control mad war ul D 1-h ol'na,i goaco, such oats of God,acts ofeivil or military amhonlies, governmental priorities, How, snikes, fled, epidemics, wars or riots provided that notice of the conditions causing such delay a Given fat the Pumhmm within live (5) days of the when the Side, fine fauvism knowledge therein: In the event orally such delay, the date of dclivcry shall be extended for the pcdnal equal to the time actually lost by reason afire Jars. 3.WARRANTY. The Seller varrants chat all goods, idiclon, ma,,ials and work covered by this older mill command with applicable do wing, specifications, samples maluor other descriptions given. will he fit for the puq,o o lamed and performed with the highest dogma of can slid aamperrnee in accordance with sevepiN anandards for land, of a similar nature The Seller agrees to hold the purcluxr hands full any lass, damage or capsule which the Puni nay,suff r or incur on account of the Sellers beach spontaneity The Seller shall .place, forms or make good, vithom cost of he purehacq any dAcas o, dark, arising within one (1) scar or within vah longer period of time as any be prescribed bylaw or by the rcnin of ape, applicable warranty plavided by the Sailor offer the Jac of accordance W the prods Tumoral ancestor ontopunce not m, Be unreasonably delayed), resulting fmnn impofs, or defective work done or all rumored by the Sella. Acceptance or use of goads by the Purchaser shall not of any Ivan under his onfrouny. Except m admr, I. provided I. the purchase nlde,, the Scllds humility lwhommor hall extend Il ibnagaxproxnamery caused by the firma., Ifany 11 Illrarego6pag warm does ,itghadfaii but such liability stall in in. vetlimited, no, ofprofts or loss of ua.. NO IMPLIED WARIIAN'rY OR MCItCHAN I ABILITY OR OF FI INESS ]:OR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make change, to legal erne by wrinen change mean. 5. CHANGES IN COMMERCIAL TERNIS. The Purchaser may make any changes in thnemes, other than legal names, including m adi,imes to or deledions flare ,he yman ,i,tax originally ordered in the spcificalions or drawing, by verbal or wrinen than, We, If any such change article the amount due or the time ofparfomnner reaction, an equitable adjustment shall be made. 6. TERMINATIONS. 'Ihe Purchaser may at any time by wrinen change onin. addition, this freedom a5 to any or all portions ed the gads filed ran,,hi,,d. subject to any equitable uajmtm.m between the panics as to any work or materials then in ant provided that he Purchaser shall nor be liable for may drains for as 6pard Profits an the inc—plead par of Ibe good, mN/o, work, far incidcnal ur iononquernal damages, and that n umb adlustmmat be evade in favor of he Salo, verb respect to any good, which eve the Scllds smadool slack. No such aandion an shall Miles, tile Parckaar or tile Scllcr ofany of,hair abligtiom as to any goods deiwred hereunder. ]. CLAIMS FOR ADJUSTMENT', Any claim felt adjustment most be occurred within thirty (30) day, from the date the change or Nomination a ordevd, 8. COMPLIANCE WITH LAW. The Seller wvrans that all goods sold hocunder shall have been pmduc.d, sold delivered and fumished in edict omplimaee with all applicable box and do, airs m which the grads are subject The Seller shall execute and deliver such deamdems m may be re proof to Oittt or evidence compliance All laws and reguh1was rcquimd to be ncoryurated in a ace of his chaac rter are herbs incorporated M1a, aso by this reference. The Seller am11v indmni IT and hold the Purchaser hers lav Nor all ems and damages coffered by the Purchasln or a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nothar any mall ..sign, transfer, or cmncy this rack,, or any monies disc or m become disc hefcundcr without he prim wrinen consent of the other parry. 10, TI I LE. The Seller warrant, full, clear and unrestricted lisle to he Pumhascr for all a,ya ea, mdioul , aid items findohed It, pnfome wo of this agreement free and aea of any and all liens, rsoriction, town axons, security interest nwumbrunce, and claims efohars. The Seller shall release (tic Purchaser and its .mall of any tier limn all liability and claims of any nature moulting fern.. wMarn,unwe at ...h work, This mlcase shall apply even in Iha event of fault of n.pli,nce of the party set .in.I and shall extend to this durnme s, officers and ampluyccs i such party. The Scllds continental obligations, including warranty, shall not be darned to be reduced, in any way, twonux such work r pntform or caused to be posmanll by the Purchaur. li. PATENTS. Whenever th.Seller is round an use any dmigd, dwive, material or process covered by lend, porn,, mdcmuk or copyright, the Seller shall indemnity am save hsmless the purchaser from any and all claims for management by reason of the use of such pammed design, device, nuemial or prowess in connection with the contract, and shall indemnify the P-Aurve, fur any coat, c owe or hands, which it may be obliged to pay by mason of such cofnngem.nl at any time during the Immolation elation or alter the completion of the wofk. In case laid equipment, or any pan Ihemuf or the intended use of the goods, is in such suit held Ill constitute infrin,nicnt and the use a, said equipment or pan i enjoined, the Seller shall, at its ow if expanse and at is option, either reform for the Purchaser the right to continue using said equipment,r pan replace life same with substantially equal but noninfriging equipmnn, or tan &ty a so it bmomes noninfringing. 15.INSOLVENCI'. If the Seller shall biome insolvent or Jordan, make an assignment for the benefit of crcdimn, appoint a receiver or trustee for any of the Sellers property or bmincss, this order any forthwith In canceled by the Purchaser without liability. 16. GOVERNING LAW. The dominant, of rams used or the interpretation of the offse a rem the rights of all panic hereunder shall be o..truN under am gmourom by Iha laws of the Sae of C.dAaR. USA. The following Additional Canonicals apply only in caswhere the Seller is to pirmnn work hrnvod,,. including the urvias of Scllcrs Repromeato at,). on the premius as ,,bers, 17. SELLERS RLSPONSIBILITY. I he Salle shall carry on said work at Sallee, and risk .mil the vote is fully romplemd and accepted, and shin 1, a. e of any ... de„ distinction or 'i"in, to the work and/or material,, filfir, Seller's final complation and ifeloproon plow the talk at Sellers own expenseand II c 1 stunt , o free P o hascr. When arsenals and equipment are ari-Ifi d by affairs for installation ,o or erection by the Seller, the Sails shall mcave, unload, ,,am and handle - a, In ,Lis s m ..,it became responsible therefor as though such info. o1s and/or equipmenl were being furnished by the Seiler under the order 18, INSURANCE. The Sell,, shall, at his an a.,ni pmaid, for the payment dwarves compensation, including occupational dtuas, benefits, to is employees employed on or in connmion with the work covered by this purchae order, l ndfur to their d y .dents in accordance with the laws of the state in which the work is to be done. The Seller shall arm carry comprehemivo general liability including, bur not limited On connzmual am automobile public liability insurance with bodily injury and death finis of al least SM.000 lot any one pvson, S500,000 far any one accident arm pupeny damage limit Patm numdeof S400,000. The Seller shall likewise require his contractors. rally. to provide for such compsdvaion am insurance Before any of the Sellers or his cmmranun employees shall deny work upon the favor of others, the Seller shall famish the Purchaur with a Script that such compensation and insurance have been provided. Such cenilieve, shall aprciry the date when such compensation and insurance have been provided. Such c rrifica e, shall s scir, he data when such earpenvrion and insurance expires. The Seller agrees that such compemativn and insurance shall be on- ah,ed until alter the entire work is c oaplmcd and uaapal! 19. PROT PC] ON A13AI US'I ACCI V EN I S AND DAMAGES. The Seller botchy assumes the entire responsibility and liability for any and all damage, loss or injury crony kind or nature what—sto to plown, or property clamed by or resulting from the execution of the work presided fart in this purchase Deer or in concretion ho.veidn The Seller will indemnify and hold hanlcv the Forces., and any r all of the Porehaun oficars, agents and employees from am against any arse all claims, lodes, damages, charges or expenses, whether direst of indirect, and whether to vireo or propny to which the Purchaser may M put or subject by mason of any act anion, neglect, omission or default on the pan of Inc Seller, any of his ondctors, or any of the Sellers or commercial strum, agents or employees. In caw, any suit other g na proceedings shall be brought appoint the Purchaver. or its concern, agents or employees any time onaaount or by mass, of any act, action, neglect, omission or default of one Seller of any of his commamas or any of its or their oRcns, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al ,he Sellers own expense, to pay any and Ill cnss,.harsh, flat fees and other exN.,es. any and all judgnw s that troy be ineumd by or obtained ebme. ,he Purchoar or any of its or Inch of door, agents or employees in such suit, or other proceedings, and in case laughter, or other lion be placed upon or obtained against the pmpeny, of ,be Purchaser, or mid panics in or w a result of such suns no ,he, pucarda, , Inc Scllcr ill at once came the sane Ire be dissacd and discharged by giving bond ar mhcnvac. The Scllcr and his contractors short eke ail scay precautions, ,omisl, cad .mull all sands .cecs.vry for the pmcc tian of m,mard, c reply with all laws and decorations with r'gred to scaly including, but without Initiation, the Cecupaai... I Safety end Health Act at 1970 add.. mlos arm mgmaio w issued pursued Hanson Revised 03f2010 j Insight Public Sector FEIN 36.3949000 Insight; septa a: 7-Oct I 1 2272T E Mission Duna 82796848J Quote tleto: 27.Oct-i I Liberty Lake, WA 99019 Cage 575H6 Prepared by: BRANDON CARLSON From: OTHER US GOUT TEAM 2 colorado@insight.com E00-2692523 - Phone 866-433-0064-Fa; Quote #: 14085069 Thank you for the opponunky to quote on the Idlowing products. All prices are subject to Change without notice and are exclusive of taxes, duties, or tariffs. For order placement• or if you have any additional questions please contact your Insight dedicated representative. Purchase orders are recalved v13 fax or e-mail and should be made out to Insight Public Sector, Inc. We look forward to helping you In the future. The Informalian herein Is crnlldentla). Billto No: 209816 B CITY OF FORT COLLINS S US I PO BOX 580 H L Fort Collins, CO 00522 1 L US P T T 0 0 Line No Insight Pan MR Pan ID ID 1 M267HO P72 4242 3 2 M267am P71.06392 S4 4 V999e0 VSS ENT•C a MCTo34e Pan Description IAStlacl Wind.. Server Ent 2aoa R2 SWV. Lane MSalod Wndowa Server Oetevenler 2000 R21 Proc Single Lane VMwme vspham 5 Ent 1 Pme (wr64 GD vRAM/Pmo) ESD (EU) REO HAT ENTERPRISE LINUX (UP TO 2 SOCKETS) .Ivy NR -Non-mhrtneaN - tram Will ship aired from manufacturers warehouse -Namahlppablerinvokv o* pW -TTls pan raquinaaconeoctbUam on vrtler mvy by plviced Ely Unit Price 10 1,53029 11 1,561.05 11 2,331.24 11 575.06 subtotal: Ext Price 15,W2.90 17,171.55 20.103.64 6,326,89 84.093.75 USO - Please note - fmlght Is an esemala only Unless otherwise agreed by Insight In writing, payment Is due 30 days from dale of Invoice. For a full copy of Insight's terms and conditions, which shall be in effect unless otherwise agreed by Insight in writing, go to hnps:llshop.insight.cdNconlengerusltermsafsale.esp Page 1 of 1 Insight Public Sector FEIN 36-3949000 Insight Quota e: 14089,192II 22721 E Mission Duns 827368483 Quote date: 31.Oc1-I I Liberty Lake, WA 99019 Cage 575H8 Prepared by: BRANDON CARLSON From: OTHER US GOUT TEAM 2 coiorado&nsightcom 800.269.2523- Phone 86"33.0064. Fax Quote #: 14089492 Thank you for the opportunity to quote on the following products. All prices are subject to change Without notice and are exclusive of taxes, duties, or tariffs. For order placement, or If you have any additional questions please contact your Insight dedicated representative. Purchase orders are received via fax or a -mall and should be made out to Insight Public Sector. Inc. We look forward to helping you in the future. The Information herein is confidential. BlIlto No: 209816 B CITY OF FORT COLLINS S US I PO BOX 580 H L Fort Collins, GO 80522 1 L US P T T 0 0 Line No Insight Part Mh Part 10 Pen Description ID Qry Unit Price Ext Price 1 MOTM46 RED HAT ENTERPRISE UNUX [UP TO SOCKETS) 3 575.08 1.725,18 Key NH -Non-reiumolon Subtotal: 1.725,15 USD - I@M wa ship direct from manulacmmes warm mco - Nanshippablafinvoice only part - This Pan requires a oonbad befwc an order may be placed ' Please note - fmight is an estimate only Unless otherwise agreed by Insight In writing, payment Is due 30 days from data of Invoice. For a full copy of Insight's terms and candillons, which shad be In effect unless otherwise agreed by Insight in writing, go to hitpag/shop.InslghLcorrvcaniengen-us8ennsofsa)e.asp Page 1 of 1