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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9144529Fort Collins Date: 08/07/2014 Vendor: 289716 INSIGHT PUBLIC SECTOR INC 22721 E MISSION LIBERTY LAKE WA 99019 PURCHASE ORDER PO Number Page 9144529 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 08/06/2014 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT 20556YYYI I MANSCA AND QUOTE #215902202 DATED 29-JUL-2014 FROM GINI BRESCIA. Line Description Quantity UOM Unit Price Extended Ordered Price t MICROSOFT WINDOWS SERVER 2012 R2 DATACENTER QUOTE#215902202 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 176,723.36 $176,723.36 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. TO. exemptions. By made the City air.. Collins a exempt fluid state rand load taxes. Our Exemption Number is 9"502. Formal Excise Tax Exemption Certificate of Registry 84fi000587 is registeel with the Collector of Internal Revenue, Denver, Colorado (Rd Colorado Revised Salutes 1973, Chapter 39.26,1 la (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be relumed to you for credit and are not to be replaced except upon receipt of written instructions fluid the City ofFord Collins. Inspection. GOODS art subject to the City OfFort Callim instalment on run al. Final Acceptance. Receipt of the merchandise, avicas or I.Tuarm in response in this Omer cat rwaft in authorised payment an an the part of the City of Fall Collin, However, it is m be e understood died FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection praeddes. Freight Terms. Shipments mat be F.OB.. City of Fiat Collins, 700 Wood Sr, Fort Collins. CO 80522. unless otherwise specified on this order. Ifpemdamion is given to prepay freight and charge separately, the original freight bill must mcompany invoice. Additional charges imparting will not be accepted. Shipment Distance. Where manofmtumm have distributing points in vanam pans of the country, shipment is expected from the nemat distribution point m detonation, and excess freight will be deducted fluid Invoice when shipments rare made fluor grata distance. Permits. Seller shall plucure at sellers sole cost all naesvry pans i., certificates and licenses required by all applicable Iawa, regulations, ordinmees and idles ofthe site, municipality, mmmry or political subdivision where rise work is performed, or required by any other duly constituted public authority havingjunsdhction over the work of vmdur. Seller father agrees m hold the City of Fort Collins haand. from and against ell liability arm loss incurred by than by reason of an readm d or established violation of any such laws, regulations, softeners, rates and onauirdown, Autltonautimn NI panics 10 this contract agree that the rcpreeenativas tire, in fact ban. fide rand possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terns and conditions shad herein set form and my mpplemrnary or dditioml terms and conditions tumexed hereto or incomoared herein by reference. Any Militia.[ or diB..I to s and conditions pmpoed by seller arc objected m and hereby jamd. 2. DELIVLRY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete afiipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfcad anc, must M effected within the it., sorted on the purchase order and the documenm, istached beam. No ads of the Purchasers darudin, svilhoul limiation, acceptance of partial late deliveries, shall operate as a waiver of this pmvision. In the event of any de]ay, the Purchaser shall have, is addition to other legal and quitable remedies, the option ofplaing this order elsewhere and holding the Seller liable for damages. Ihowever, the Seller shall ram be liable far damages as a result of delays due to causes nor reasonably foresreable which urn beyond its reasonable control and without its fault of negligence, such acts of God, aUs of civil or military a fixed des, go..,a.[ priorities, fins, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Pubhasa within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the dam of delivery shall be exmrdd for the period equal ro the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mammals and work covered by this order will conform with applicable drawings, spaifications. samples mark., curer descriptions given, will he fit for the purposes intended, and performed with the bighen degree of ease and eompetrntt in wmrdance wish accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (I) year or within such longer period of time as may he presented by law or by the toms army applicable warranty provided by the Seller oiler the date of acceptance of the goads furnished hrreurder (acceptance not to b, inconsumably delayed), resulting from imperfect or defective work done or mmm ds fimmished by the Seller. Acceptance or use of goods by the Purchaser shall not onditum a waiver of any claim under this warrant'. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal terms by woken change order. 5. CHANGES IN COMMERCIAL TERMS. The Pardubice may make any changes to the toms, other than loge terms, including additions to an dabliom floor the quantities annually ordered m the specifications or drawings, by verbal or written change order. If any such change affecks the mount due of the time ofpafmmance hemm , an equitable adjustment shall w,made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temminate this agbemem as to .ray or .11'mornis of We goods then not shipped, subject to any equitable adju amen between the prom, as to any work or materials then in progress provided the the Purchaser seal not the liable for any claims far anticipated .to. on elm uncompleted portion of the goods and/or work, for incident or consequential damages, read that no such adjustment be tiwde in favor ofthe Seller with respect o my goods which are the Sellers mankind stock. No such temuinown, shall railed, the Purchaser or the Seller ofany oftheir obligations is to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim far adiWmrnt mum be, asserted within trim (30) days fmm the lure the change no termiandon is oNcred. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stout compliance with all applicable laws and regulations to which the goods arc subject. no Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be mcomamted in agreements of this character are hereby incaryoated herein by this reference. The Seller agrees in indemnify and hold the Purchaua harmless fmm 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, msm@e or convey this oNer, or any monies due or to become due hereunder without the prior wainm consort ofthe other party. 10. TITLE. The Seller warrants full, clear and uruestriaed lilt, to the Purchaser far all quipmmt materials, and items furnished in performance of this agreement, free and clear of my and all Jim, restrictions, reservations, security interest mainfhmmes and claims orathers. I I. NONWAIVER. Failure ofthe purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to tense any rights or remedies proxded herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance offer payment for goods hereunder or appmsal ofthe design, shall not release the Seller of any of the warranties or obligations of his purchase order and shall nut be deemed a waiver of any light of the purchaser to (mist upon strict performance hereof or any of its rights or comedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or inviolable default hereunder, nor shall any purported oral modification or rescission of this purchase order by Be Purchaser oparam as a waiver of any of the terra hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and rise Purchaser mcagniu that in actual economic practice, overcharges resulting from anliamsl violations are in fact home by the purchases Themofore, for good cause and as consideration for executing this purchase aides the Seller hereby assigns 1. the Purchaser my and ell claims it may how have or hadbu er acquired under federal in state antitrust laws for such ov dyable es reining in the particular goods or sluices purchased or requited by the Purchaser, onot mt an this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to coma nonconforming or defective goads by a date to h agreed upon by the Purchaser and the Seller, and the Sella hliereaRe indicates its ioabihiy ad unwillingne. to comply, the purchaser may came the work to be performed by the most expeditious means available to n, and hie Seller shall pay all cos. associated with such work. That Seller shall release the Purchaser had its cantmclon of any tier fmm all liability and claims of any mature resulting fluid the perfomance crunch work. This release shall apply even in the event of fault of negligence of the party releued mod shall extend as the dibetors, officers ad employees ofsuch parry. The Sellers contractual obligations, including waranly, shall not be manual to be reduced, in any way, because such work is performd or caused to be performed by the Purchavm. Ia. PATENTS. Whenever the Seller is banned to mse any design, device, material or process mverd by lent. palrnL trademark or copyright, the Seller shall indemnify and save hammless the Purchaser from any end all claims for infringement by drawn of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any coal, expense or damage which it nay be obliged to pray by reason of such infringement at any lime during the prosecution or allot the completion of the work. In case said quipment, or my pan therecf or the Intended ass of the goods, is in such suit held a constimre infringement wood the tube of said quipmmt or pan is enjoined, the Seller shall, m its own as,. and at i. airline, either pmcum for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially am] but naninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Sella shill become insolvent or bankmpt, rake an assigmnenl for the benefit of audit.., appoint a receiver or trustee for any of the Sellers primary, or business, this oNer may forthwith be aboard by the Purchaser wolwut liability. 16. GOVERNMG LAW. The definitions ofmm mud in Be interpretation of the agreement and hoe rights of all ponies hereunder shall be emawed lamer and governed by the laws order, Sate of Colorado. USA. The following Additional Conditions apply only in bases where the Seller is to perform work hommaie, mcluding the services I fSellers R, ab,mative(s), oa the premises of shad. IT SELLERS RESPONSIBILITY. TM Sella shall carry on said work at Sellels own risk until the same is fully completd and xcepted, and shall, in eau of any accident, deswmod or injury to the work anNm mataiak before Sellers final completion and acceptance, complete the work at Shcels own expense and to the satisfaction of the Purchaser. When materials and quipmmt are furbished by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such matmals aaVor equipment were bring Simishd by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expertise, pmxide for am pay eal of workers compensation, including Accumulated disease benefits, to its employees employed on Or in comection with the work coverd by this purchase order, ampor to their dependents is accardance 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, commuctnal and ar mmrebile Public Liability insurance with bodily injury marl death limnms of in least S30),000 for any one persnu, S500,000 far any one accident and property damage limit per accident of "W,1100. The Seller shall likewise require his comaaors, Hour. on provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any walk upon the ponmises of others, the Seller shall famish the Purchaserwith a emificate that such compensation and insurance have been provided. Seth cenifcams shall specify the date when such compensation and insurance have been provided. Such cetificmes shall specify the date when such compensation and insurance expires. The Seller m res and such component. and insurance shah M mainaind it aaer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire maponsibild, and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvided for in this Purchase oNer or in commdion herewith. The Seller will indemnify and hold hmmless the Purchaser and my or all of the Punchbiers oMd., agents ad employees firm and against any mad all claim , losses, damages, chmgm or expenses, whether direct or indirect and whether to persons at pdipart, to which the Purchaser may be put or subject by drawn of any act, action, neglect omission or default on the and of the Sella, my of his contractors, or any of the Sellers or contractors oRcas, agents or employees. In case any suit W other proceedings shall be brought against he Purchaser, or its officers, agents or employees at my time on account or by down of only act, action, neglm, omission or default of the Seller of any of his commemrs or my of its or their officers, agents Or employees as aforesaid, the Seller hereby agxea No assume the defense thereof and to defend the same at the Sellers awn expense, to pay my and all toss, charges, want far and other expenses, any and all judgments that may be incurred by or obtained against the Parchaer ar any of its or their omcers, agents or emplayees in such suits or other proceedings, and in case judgment or other tied be placed upon ar Obtained against the property of the Purchuse, or said ponies in or as a mull of such suits or labor proceedings, the Seller will at once cause the same to be dowlvd and discharged by giving both or otherwise. The Seller and his gntrmors shall take OR safety pmadhow, famish and unroll all goods necessary for the prevention of maidems, comply with all laws and regulations with regord I. safety including, but withoul limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0712014