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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9143134PO PURCHASE ORDER 914313er Page City, of PURCHASE 9143134 t of z ' `tr oltins Thisnumbermustappear ` V {� on all invoices, packing sli s and labels. Date: 06/05/2014 Vendor: 289716 Ship To: MIS INSIGHT PUBLIC SECTOR INC CITY OF FORT COLLINS 22721 E MISSION 215 N MASON, 3RD FLOOR LIBERTY LAKE WA 99019 FORT COLLINS CO 80524-4408 Delivery Date: 06/05/2014 Buyer: ED BONNETTE Note: PRICING PER QUOTE #215737844 DATED 03-JUN-2014 FROM GINI BRESCIA. PRICING IS PER STATE OF COLORADO WSCA SOFTWARE CONTRACT #20556YYY11MANSCA. Line Description Quantity UOM Unit Price Extended Ordered Price t WINDOWS 8.1 ENTERPRISE 1 LOT LS 32,808.06 QTY (171) - POLICE 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@fogov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fon Call. is exempt from state and local taxes. Om Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Geriatric of Registry 84-mK)d587 is registered with the Collmar of Failure of thr Purchaser to insist upon strict performance of the terms end conditions hereof, failure or delay to Intemol Revenue, Denver, CcIomen (Ref. CoIoreda Revised Statures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnlies or obligations of this purchase order and shall not be deemed a waive, of any right of the damage in transit, may be retumttl an you for credit and are not to be replaced except upon receipt of winner, purchaser In insist upon "fled "'Emaance hereof fir any of its ran, or remedies as to any such goads, regardless instructions from The City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any putponed oral mWiftcution or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are sobject o the City of Fort Celli. inspection on arival. hereof. Final Acceptance- Receipt of the merchandise, onvirea or equipment in mpome W this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it s to be understood that FINAL Seller and the Purchaser recognize that in actual ceramic prde, co etchages tesultir, from antimadifferentiaACCEPTANCE prederes. isdiffdifferentiaeupon completion ofzll applicable required inspectionm m for good now and as consideration for executing this violations arc in boe by the Purchaser. Therctoforenx purchase order, the Seller hereby assigns to the Purchaer any and all claims it may now have or hereafter Freight Temss. Shipments must be FOIL, City of For Collins, 700 Wood Sr, For Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pcmtisslom is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this pumleme order, hit must accompany invoice. Additional charges for packing will not be accepted. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in I,rom, puns of the country, shipment is IftheP... boerdirects the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from [.nit when Purchaser and the Seller, and fly, Seller thereafter indicates its inability or unwillingness ao comply, the Purchaser shipments are made from greater distance. may cattle the work to be, Performed by the most expeditious means available to it, and the Seller shall pay all costs assmimij with such wade. Permits. Seller shall prevent at sellers sale cost all necessary permits, cerifierms and liceltsrs required by all applicable laws, regulations, ordinances and roles ofthe sat It, municipality, terimry or political subdivision where the work is perlbaned, or remained by any other duly cowimmd public authenry hosingjurisdiction over the work of venduL Seller fuMm 1 to hold the City of Fon Collins ham. from and against all liability end Ion anred by them by reasoan n of asserted or established violation of any such laws, eegnlannns, mdinerms, roles d regnire imuft. Aulhmileliort All parties Ira this r aamo agree that the epnew,nalwes are, in fuel, bona fide and possess fill and complete authority m bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the mtms and conditions stated herein set forth and any supplementary or additional terms am conditions annexed hereto or inreformed herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment To once on your promised delivery date as noted. Time is of the essetme. Delivery and performance most be effected within the time stored on the parchose order and the documents attached herem. No aces of the Purchasers including, without limitation, acceptance of partial late delivenes, shall opemle as a winter of this provision. In the event of any delay, the Purchase, shall have, in addition to other legal sad equitable remedies, the opuan of placing this order elsewhere and holding the Seller liable for Aamnges. However lbw Seller shall not be liable for damages as a remit of delays due m causes vim reusunabS Reracrable which are beyond its reasonable control and without its hand of negligence, such acts of God, acts ne vil or military ointments, gcvemmmtal pnoritirs, fires, strikes, frond, epidemics, wars or non provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the Time when the Seller for received knowledge thereof. In We event of any such delay, the date of delivery shall be extended for the Period equal to the time amually lost by reason ofthe delay. 3. WARRANT'. The Seller warmms that all goods, articles, materials and work covered by This order will conform with applicable drawings, specifications, samples anaor other deseriptimts given• wilt be at far The purposes intended, and Perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waromy. The Seller shall replace, repair or make good, without cost to the purchaser any defects art faults arising within one (I) 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 fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or now of goods by the Purchaser shall not ondicate a waiver of any claim under This warranty. Except as oferwise provided m fis purchase order the Sellers liability thereunder shall extend to all damages passionately caused by the breach infamy ref the foregoing wvmnties or goamntees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Thy Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the remi offer than legal terms, including additions to or deletions from the Inamities originally ordered in the Specin—ions or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperformantt hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change ember, Whaler nt This agreement as To any or all portions of We goods then not shipped, subject to any equiuble adjustment Marc r the panics as to any work or materials, then in progress provided that the Purulence shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anaor work, for incidental m cortsalueatial damages, and That no such adjmrment be made in Ivor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good' delivered hereunder. 9. CLAIMS FOR ADIUSTMEN'1'. Any claim for sductmeat must be assured within thirty (30) days from The date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller wa . that all goods sold hereunder shell have ban Produced, sold, delivered and famished in strict compliance with all applicable laws and regairmoers to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect m evidence compliance. Ali laws arrd regulations required as be incorporated in agreements of this character are hereby imunTematl herein by This reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent office other Wry. 10. TITLE. The Seller woman full, clear and mence, ed age to the Purchua for all equipment, materials, mall items threatened in Performance of this agreemenT, fare and char of any and all lies, researchers, reservations, armory interest encumbrances and claims of others. The Seller shall release The Purchaser and its comexaors of any tier from all liability and claims of any ruwrc reaching from the Performance afsuch work. _ This release shall apply even in the event of fault of negligence of The party released and shall extend to the directors, officer, and employees afsuch party. The Seller's cnnuactuul obligations, including w'.armmy, shall not be deemed br be reduced, in any way, because such walk is performed or caused to be perthmed by The Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lute, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for inGngrment by rtawn of the use of such patented design, device, mamnal or process in connection with the contmcl, and shall indemnify the Purchaser for any cost, expemr or damage which it may be obliged to pay by reason afsuch infringement at any time during The prosecution or after the completion of the work. In now said aquipmenT, or any pan lumof or the intended use of the goods, is in such suit held to constitute infringement and The use of said equipment or pan is enjoined, The Seller shall, at in own expense and at in option, either procure for The Purchaser the n,ht to continue using said equipment or parts, replan the same with substantially equal bur noninMnging equipment, or modify it so it becomes inninfringing. 15. INSOLVENCY. If the Seller shall become Insolvent or baN:mpt, make an assignment for the benefit of creditors, appoint a recliver or poster for any of The Sellers properly or business, this order may forthwith be canceled by the Pumhaser raiding, liability. 16. GOVERNING LAW. The definitions off. used or We imerpeamian of the agreement and The .,his of all parries hereunder shall be construed under and governed by The laws of the Stair o(Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work M1ereunder, including the services of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully completed and accepted, sad shall, in not, of any accident, despoemar or injury to the work maker materials before Shcrrs final completion and acceptance, complete The work at Sellers own expense and to red satisfaction of the Prembacer. When materials and equipment arc famished by others far imullaian or erecdon by The Seller. thr Seller shill receive, unload, ,tort and handle same an The sire and become responsible therefor as tlwugh such mmenals anal comps enT were being( ished by the Seller under der order. 18. INSURANCE. The Seller shalt. an his own expense, provide for the payment of workers compensation, including occupational disease mumfik, to its employees employed on or in connection with line work covered by This purchase order, amber 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. contractual and automobile public l east lily insurance with.,Iy injury and death limits of nl least 53W,W V far cony at pe—.n 5500.. for any one accident and property damage limit per accident of S40g11 , The Seller shall likewse remain, his contractom, if any. to provide far such compensation nM insurance. Before any of the Sellers or his collimators mploy us shall de, any work Upon the so m its of others, the Seller staff fumish the Purchaser win a cerifris e that such mmpewlion and insurance have fact®r provided Such moifludes shall specify now date when such compensation and insurance have been previded. Such cer ifirates shall specify the date when such compensation and iresuwtce expiro. The Seller agrees that such compensation and insurance shall be maintained one open the entire work is completed and arcepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and al I dmnage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe wont provided for in this purchase order or in connection herewif. The Seller will indemnify and hold mmtless he Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges m expenses, whether direct or indirect, end whether to persons or popery to which The Purchaser may be put or subject by reason of soy act, mtioo, neglect, omission or default oa the prat of the Seller, any of has variations, or any of The Sellers or casuftear. alficeq agents or employers. In rase any suit or other proceedings shall be brought agailat the Purchaser, or its offli agents or employees many time on account or by reason Of any col, action, neglat, omission or default of The Seller of any of has conmcmrs or any of its or their officers, agents or employees as aforenid, the Seller hereby sports to assume the defense thereof and to defend the Same at the Sellers own expense, no pay any and all cases, charges, slamr a fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the proPeety of the Purchase, or said panics in or as a result of such suits or other proceedings. the Seller will an once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gmrds necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Thereto. Revised 03/a010