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Home My WebLink About289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9117107Fort Collins Date: 11/30/2011 Vendor: 289716 INSIGHT PUBLIC SECTOR INC PO BOX 713096 COLUMBUS Ohio 43271-3096 PURCHASE ORDER PO Number Page 9117107 tof7 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: 11/30/2011 Buyer: .JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Quote 14122032 ARRA Funding FEDERAL REQUIREMENTS 1 LOT LS 81,601.30 To the extent applicable, the terms and conditions under federal law listed below are incorporated into this Agreement. No Obligation by the Federal Government 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. 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 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 close-out 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 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 Fort Collins PURCHASE ORDER PO Number Page 9117107 zof7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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, 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 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 City Of///�� 9117107 3 of 7 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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: 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 inderlyinq contract: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 PURCHASE ORDER PO Number Page 9117107 1 4 of 7. 6rt Collins oll` I ns This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (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 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 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 UInvoice 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 City Of 9117107 s of 7 `t Collins This number must appear �7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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 RJ-45 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. 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. Of9117107 6 of 7 F6r} Collins This number must appear ,�—,J`,- ` " t on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 1-1-16 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. 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@fGgov.com Total $81,601.30 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 7 of 7 1. COMMERCIAL DEFAILS. Tax exemptions. By chafe the City of For Collins is cxamFt from sate and local lasts. Our Exemption Number is II. NONWAIVER. 9840g502. Federal Emise Its Ex ... Iniun Certificate of Registry Bg6000537 is registered with the Call caor of Failure of the Purchaser to insist upon ,coin performance of the toms and merchants bemal: failure or delay Io Informal Revenue, Denver. CulumJo (Eel: Colorado Revised Stamps 1973, Chapter 39 20. 114 (a). exercise any rights or comedies pms-ided herein or by law, failure to promptly amity the Seller in the even, of a French, he uceepurnm ofor,yarn, fur goad hesvdm or apprmal of the design, shall act release the &Ile, of Good, Rejeetad. GOODS RE3ECI ED due to failure to anti a,shfndame, either when shipped .,due w raises of any of the wnmn,ies or obligmious of cis purchase order and shall not Be deemed a waiver of any right of rap drainage, in tnmi,, may be compost ua you for credit and art not to be replaced except upon receipt of women purchaser to insist upon stria Incontinence, hereof or any of its rights or remedies as to any such goods, 2a dle , am'INcia s farm he City Of Too Collins. of afictn Nipped, reeem ed or aempled, as to any prior or subsequent default hercconder, ram shall any purpond am] mWifiutiun or reuissi.n of this purchase .der by be Purchaser .prate as a waiver of any of the teats hu,sction. GOODS arc subject to the City of Pon Collins inspection on edam. he..f. Final Acceptance. Receipt of ,he mcrchandia, arvins or egoipmerrt in fe,pome ne this order can worth in 12. ASSIGNMENTOFANrITRUSTCLAIMS. amhorizd payarnt on the pan of the City of Fear Collins However, it h to be undmtmd mar FINAL Seller and the Purchaser ramgruch that in licartuall m is practice, overcharges resulting occur antitrust e,, ACCEPTANCE is dni upon completion ofvll applicable required inspection pmedare, vmam ioare in fact homaxr. e by the PemhThrnroforenfar goad cause and as consideration for comming this purchase odor, the Slier hereby assigrs to the Purchaser any and all claims if may now have or hereafter Freight Tams. Shipments mint Be F'.O II., City of Fact Collins. 700 Wood Sc, Fail Collins, CO 80522, unless olMnv a flumniAl an this oWct. It Pcontusion is given to prepay freight and charge upamely, the original Bvigh, bill must ac mn,p rOy invoice. Additional charges for packing will not be accepted. Shipment Distance. Where efac,urcrs have dinumbming taints in various pairs of the aousupm ry, shipment is -placed fro , the a di.mdbuh n pain, 1.dapioation, and cans freight will be deduelcdform Invoice when ship ... no, rare madfmm greener distance. Permits. Seller shill par seller ale c all necessary pA niliemes and licenses required by all appliable to, regulmimaseurdinnooe, ..,it rules of he state, moo ioIcalm, —,a, or political subdivision where the work is prompted, nr mgaired by any other July constituted public authority has ing jurisdiction over the %cork of send.. Seller rant,, agmas w hold the City of Pon Collins actio s, from and against all liability and less incurred by them by mason of an assaed or esuld,hcd xmation of any such laws, negotiators, ordinance,, rule, and requirements. , AutM1urimdou. All Furies In this contract agree Ifar ter optewaorwx are, in fact, bon, fide and ow, full ..,it umplde affinity to bind said Panics. LIMITATION OF IIiRMS. This Parches. Order expressly flours acceptance m the ifens end conditions damd hev,i,r set mnh and any wpFlcnanwry or additional aura, and rappooios amexer hems or imax oramd herein by mere..... Any oddlitan al or difDrant across and conditions proposed by seller are objected to ad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if,— eatu:ot make complete former, ao aatve wo yam mappro ad delivery date as aced. Time is of the essence. Delivery and P*fomancn must be effected ,,bar ,he limo all on the Purchase order :tad the docmnens machel hercm. NO acts of the Purcheurs including, scolu m Impaction' acclnanec of p.mial lam deliveries, shall opine as a waiver of this Prevision. In the event of any delay, the Patch .... hall no aiddi,ian m falser legal and equitable remedies, the option ofplacing this order elsewhere and holding me Sella, liable for denmgs. Bases cr, the Seller shall not be liable for damages as a occult of delays due to eaaas not reasonably fimuxvble which am beyond its reasonable control oat w'ithooa its faun of negligence, such acts office, acts Of eivil or ntilitury outh.rfies, govemmhol l priorities, fires, strikes. Nowt, epidemics, wan or now provided that notice of the conditions causing such relay s given to the Purchaser within five (5) days at the ,are when the Seller to., received knosNdge MrtroL In the event of any such delay, the Jam of delivery dull be exemJd for on period equal to me time actually lost by reason of the delay. 3. WARRANTY. The Seller .'errant, that all grxas, unities, mohrlals and work covered by this order will conform with applicable constants. spcomations, apples andfor other Discontinue; given, will be fit for the purposes ended, and prfortnd with he highest degree of moo end coopmcnce in accordance with accepted honchrobt fur clock Of a similar wWre. 'fhe Seller agrees In hold the pareluur howl from any loss, dan oV or expense which the Parches. nay after um .fine Sellers breach of warranty. The Seiler shall replace, repair make good, mithput eat to IM1e purchase,, any Elms or faults prising x'ithin one (1) year or within such longer period Of nine is may be prcuribd by lax' or by the terms of any piano warranty provided by he Seller after he date of ece,nome of die gods furnished hereunder (acceptance not to be concentrically delayed), resulting from imperfect or defeu' no Joe or anaterial, fur niched by the Seiler. Acceptance or use at good, by the Purchaser shall . sai,ac a waive, it Off, it, under this warranty. Except as otherwise provided ill this purchase.,dur, Iho S, lie, liability heruundur shall ,Mend ,, all daanlges Proximately caused by the breach of any of The lemSoing warranties no guarumees, bur such liability dull if nO avem include In. of ,odic, or loss W tax. NO IMPLIED WAR IRA NI'Y OR MERCI LAN 'I ABI L IV Olt UP I I NLSS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGA I. I ERMS. The Purchaser may make entries to legal cram by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ems, other man [chat terms. including addllious Io or dch,ions from the kat Originally ordered in the specifications or drawing, by verbal o chant' .Nee If cry such change atTems the amount due or the lime ofprmin aa¢ hereunder, an equitable adjustment shall Be made. 6. TERMINATIONS, The Purchaser may at any time by wrinen chrnge .Nan emainae this statement as to any or ell portions of the good' than nor shiplod. subject to any equitable adjmment between the Panics as to any work or maaials thin, in pmgmess Provided Iho, the Purchaser shun no, be liable for an, claim for anticipated Patin on the ur:papporc d psoppon of me gwda proper work. for incidental or conuquc pool damages, and that no such adjustment he made in fur- r of the Sallcr with aspecno.1 gaols which are The Sellcn sandaN stood No such Ierrnitution shall mlioc the Puwhnsr or Seller of any at their Obligations as to any gaud, delivered hmvndn. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be accounted within thin, (30) day, fmm the date the change or ,emanation is .Nprttl. S. COMPLIANCE. WI III LAW. The Seller x'amam that all loss sold hereunder dull have been prefaced, sold, delivered and fumi,hed in snot umplim a %iih all applimblo laws and regulations to which the goods up, ,object. The Seller shall execute and deliver such doccomps us may be required to viler or evidence eompliunce All laws and regulations required tube core rated in agrecintents no this character are hereby incorporated bercin by this mareace. The Seller agree, to indemnify and hold the Purchaser handless farm all casts and damages Buttered by the PureM1exr m a result offs, Scher, faaarc 1e comply.'.III such law. 9. ASSIGNMENT. Ncilhrr Early shalt sign, meter, m cmmey Ihis oNer, or any reports due or to become due hereunder will:out the pric r wr ten co ue itm not O suer piny 10.'H ILE, The Seller warana full, clear and unrestricted fide to the Purchaser I'or all equipment, materials, end items IbrnisheJ in Nrtumavee of this agreement free and clean of any and all liens, mentions, nocomplions. security interc,l encumbrances and chins ofmhers. acquired under fro or state antitrust laws for such overcharties relating to the particular goods on writes purclaxJ or acquired by the Purchaser punched to ibis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pmchaur direcu the Seller to comel nonconforming convective goods by a data to be agreed upon by the Purchaser end he Seller, and the Seller improper indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious cleans available to it, laid he Seller shall Puy all ass maeaad On such work. I he Seller shill tracer the Purchaser and its contractors of any tier fmm all liability and ruins Of any Oamm ....an, from far Poniumunco of such work. Ibis release shall apply den in the event of fault of negligence of In, ,any released and shall expand It, the direcmn, officers vad enployees of,u,b party. I be Seller's economical c norm al .1oh,cmm, lactation x , shall not be Jecrrred to be reduced, in any way, because such %ark isperfomted or caused to be performed by the Purchaser. Iq. PATENTS. Whenever the Seller is required to use any child , device, material or papas covered by letter, patent inherent, r copyright, the Seller shall indemnify and save hamJess the Purchaser from any and all claims to, infringement by reason of the use of such Patond desib . device, material or purees in connection with the summit, and shall indemnify the Pu¢M1awr for any cast. expense or damage which it may be obliged to pay by musevoin of such infringement at any time during the pmmcmion or alter the completion of the murk. In eau aid cquipnleork or any pun tharcUf or the intended use Office mod s, ods, is nsuch suit held to comande infringement and the use of said equipment or factor is the Seller shall, up its own expne and at it, opliom either proevre for ,he Purchaser the right to continue using said equipment or pits, replace the same with subaumhlly equal bur noninfringine equipment, ormdity if sec it be<oms naninfirpr . 15. INSOLVENCY. It the Seller shall become incolwat or bmkmpt make an assignment for ,he benefit of conflicts, abortion, a revolver or muter for any of%be Sellers propeprry, or bminess, this order nfay forthwith be cantered by the Purchaser without liability. 16. GOVERNING LAW. The Jetinitions.tonne used or me interpretation of the agRremcn, and the rights thud? panics hereunder shall be omnud under and governed by the laws of ,he Stec,, of Coleman, USA. The following Additional Conditions apply only in cases %hcte the Seiler is to pertmor work hereunder, including the services of Sailers Repmsenative(,k on the parm:xs of olhen. 17. SELLERS RESPONSIBILITY. Iif, Seller sill a, to, said walk al Scum, r.. toxic uppolth only comn,plemil J ,pit and FOR, in raw f an, w6aRm Jews tan or injury an the work ardor printouts before Sell fical a,a plebes and cepsformin, door work at Sellers taw. oxpensc and 10 the satisfaction of the Purchaser. When numanil, and nnuipnicip a,, furnished by others for installation of crchion by We Shcem die Seller shill roceim, udo,d, ,ere and handle same at the site and licence rcspotsmle theater, tan Ihuugh such punctual, an& shut P:ne I sere bring finished by the Seller under the order. IN. INSURANCE. [he Seller shall, m his own evperuq provide for the payment of%Orkencompensation, including occupalinral onsforce, wisib, red II enad.,ecs complain! on Or in connection .,in lie work c morel by 1h's purchase color. mad/or to their derm ndems in accordance with the laws Of the state, in which the work is Ia be Jon.. The Seller stall also carry coniparchensivi, general liability including, bur no, ]coined m, romncmul and aummobile public liability itlsurmme with tidily injury and death limits ofor leas, S300,000 for any one peon. S50appp0 for any one accident and property tancom limit per accident of Si00,Lv10 The Seller ,lull likewise require his contractors, if any, to pmvide for such compensation and insurance. &-fare any of the Seller or his contractors nnployces shall do any work upon the pn'miscs Of omcrs, the Seller shalt furnish the Purchaser with a cco ificam that such mmpewvtiun and incommum, have been providN. Such mnific pees shall specify the Jae %hart such mnpasalion and minimum, M1ave lm to provided. Such eerniliemes shall specify fhe able when such coaPensalion and in expireses mpna . The Seller agrethat such mtion and insurance shall Be maintained coal of c, the ram work is mmpleud and accepted. 19. PROI'OCI ]ON AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby avlmes the color respomibilim and liability for any and all danmgc, loss or injury ofemy kind vo nature w haamver to prwnts or proprry caa,ed by or resulting fmm the enecuriun office work pamided for in this p rrehv'e order or in connection herewith. The Seller will indemnity mad hold Erudition the Purchaser and any r all of the Purchasers o0icr, agents and employee, firm and against any and all claims, losses, damages. charges or expctnce. whether direct or indirect and whether to pmmns or properly to which fhe Purchaser may Be put or subject by proxion of any spol, paper, neglect o or default on the pan of the Seller, any of his contractors, or any of the Sellers or contmMors o icers�agens or emp]oyces. In caw any an r Other parmeding shall be bat again, he Purchaser, or its officer, agents or employees at any time tan account or by whown of any Al. %,ion, neglect omission or default of the Seller of any of his cmnmetors Or any of its or (heir Officers. agents or employees as aforesaid, the Seller hereby agrees ra the dece fenthereof and to defend the same at the Sellers own expero to pay any and all costs, charges, attorneys then and other expert any and ell judgments bar Only be incurred by or obained against the Purchuur or any of its or their Officers, agents tar ennployws in such ships or other proceedings, and in cue judgment or Other lien be pfired spun or obtained .,ainsl flat pmpcny of the Patch-,,, or said parties in or as a result of such suits Or other proceedings, the511 ill at appom h , be docio anddischarged bygiving b J or ollinvow-, I he Set let and [,is sanatoria, mars shall akc OR Balmy Precautions, British and install all guard, necessary for the pave ai o Of alders, ationy with all Imes and Ommlimom on regard to safety including, but whham Notation, tine Oeeupmimul Safetyand Health Act Of 1970 had all notes and minipanic issued amount Ibennn. Revised 03R010 Insight Public Sector FEIN 363949000 Insight. 9 Quote e: 14122032 22721 E Mission Duns 827968483 Quote date: 22-Nov-I I Liberty Lake, WA 99019 Cage 575H6 Prepared by: TONE TUSKAN From: OTHER US GOVT TEAM 2 colorado@insight.com 800-269-2523 - Phone 866-433-0064 - Fax Quote #: 14122032 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 e-mail and should be made out to Insight Public Sector, Inc. We look forward to helping you in the future. The information herein is confidential. Billto No: 209816 B CITY OF FORT COLLINS S US I PO BOX 580 H L Fort Collins, CO 80522 1 L US P T T O O Line No Insight Part Mft Part ID Part Description ID NR 1 V96921 VS5-ENT-PL-C VMware vSphere 5 Ent Plus i Proc (w/96GB vRAM/Proc) ESD (EU) NR 2 V97046 VS5-ENT-PL-P-SS VMware vSphere 5 Ent Plus 1 Proc 1Yr Prod Sprt/Sub ESD S-C (EU) Comment: Coverage Dares: 22-Nov-2011-21-Nov-2012 NR - Non -returnable - Item will ship direct from manufacturers warehouse Non-shippablelnvoice only part -This part requires a contract before an order maybe placed Qty Unit Price Ext Price 22 2.894.76 83,684.72 22 814.39 17,916.58 Subtotal: 81,601.30 Freight: 0,00 Handling Fee: 0.00 Total: 81,601.30 USD Please note - freight is an estimate only Unless otherwise agreed by Insight in writing, payment is due 30 days from date 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 hitps://shop.insight.com/content/en-usitermsofsale.asp Page 1 of 1 October 2O,2011 Price Analysis &EPLSfor Insight Public Sector Price Analysis Insight pricing is specified in the State of Colorado award for Telecommunications - Data Communication Products and Services, 2O550YYY1IyW'currently ineffect. The Insight agreement inucooperative agreement for the purchase ofcomputer software. Because the pricing in the Colorado/WSCA award is the result of a competitive process, the pricing offered byInsight infair and reasonable. EPLS Search, Insight Public Sector: n AM �