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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9147081Fort Collins Date: 12/02/2014 Vendor: 289716 INSIGHT PUBLIC SECTOR INC 22721 E MISSION LIBERTY LAKE WA 99019 PURCHASE ORDER PO Number Page 9147081 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: 12/02/2014 Buyer: ED BONNETTE Note: PER STATE OF COLORADO/WSCA SOFTWARE PRICING AGREEMENT 20556YYY11 M/WSCA AND QUOTATION #216261750 DATED 25-NOV-2014 FROM GINI BRESCIA. Line Description Quantity UOM Unit Price Extended Ordered Price QUOTE#21661750 1 LOT LS 1,727.10 P73-06309-SLP - QTY (3) MS Windows Server 2012 R2 Std License Qty (3) 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 10 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. COMMERCW DE AILS. Tax exemptions. By sumte the Cry of Fort Collins is exempt boom stare and local tax«. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stp ncloof the toms' and conditiom hereof, failure or delay I. rin rmame Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sutu a, 1973, Chapter 39-26, 114 (a). ghts or remedies provided herein or by law, failure to promptly notify the Seller in the event of a exercise any rights brown, the acceptance of or payment far goods hereunder or approval fthe design, shall an, releae the Seller of Grads Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of any of the warranties or obligatiions of this purchase oNer and shall not be deemed a waiver of any right of the damage in maran, may be returned to you for credit and arc our ro be replaced except upon receipt of written pao:baser to insist upon strict performance hereofm any of its rights or remedies n many such goods, regardless inactions fmm the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject o the City of Fort Collins inpostion on arrival. hopeof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this under ran resuh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ainhrriced payment on day parr of the City of Fon Collins. However, it is to be uMersmod slut FINAL Solar and the Purchases recognize that in actual economic practice, overcharges resulting firm antitrustACCEPTANCE ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations ate in fan borne by the Purchaser. Theretofore, fagood ease and as comideretion for emotions, this purchase order, the Seiler Mreby assigns to the Purchases any and all claims it may now have or hereafter Freight Terms. Shipman¢ must be RON, City of ran Collins, 900 Wood St., Fort Collins, CO 80522, unless a ,mind under federal or sure antitrust laws for such overcharges relating to the panimlar Goads or services mherace, specified on this maker. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pu chaser pursuant to Nis purchase order. bill ..at accammnv imaice. Additional charges for rocking will not be accepted. Shipment Distance. Where nmnut'scturer have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater drainage. Permits. Seller shall procure at seller to cost all necessary pe.am. certificates and tic. required by all applicable lax,, regulations, mdimnces end rules of the state, municipality, mn arry or political subdivision where the work is pcirrearnand. or required by any other duly amounted public authority hvingjuriodiction over the work of vendor. Seller harbor agrees to hold the City of Fon Collins harmless from and against all liability and lass incurred by them by reason of an asserted err established violation of any such laws, regulations, otdirnces, rates and requirements. Authmmum. All parties to this contract agree that me representatives arc, in far,, bona fide and poswss full and amplete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions scored herein set forth and any supplementary or additional earns and conditions annexed harem or noncriminal herein by reference. Any additional or different tams and condition proposed by seller are objected to and here by rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arive on your promised delivery date an poled. Time is of Ne essence. Delivery and gerfisormagar, most be effected within the time stated on the ruclu s, at and the documents aaachd hereto. No acu of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, Ne Purchaser shall have, in addition to other Iegd and equitable remedies, the option ofplacing this oNer elsewhere and holding the Seller liable for damages. Howm'er, Ne Seller shall nut be liable for damages as a result of delays dne to causes not reasonably foreseeable which we beyond its reasonable control and amusing its fault of negligence, such trots of God, acts of civil or military authorities, 6 wemmerittl priorities, fices, strikes, flood, epidemics, wars or riot provided Nat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thermf In the event of my such delay, the date of delivery shall be extended for rise period equal to line time actually last by reason of the delay. 3. WARRANTY. The Seller wammis that all goods, articles, materials and wmk covered by this ordn will conform with applicable drawings, specifications, samples and/or other description given, will be fit Or the purposes intended, want Performed with the highest degree of rare and competence in accordance with accepted standard for work of a similar name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which rise Purchaser may suffer or roam on account of the Sellers breach of warmtny. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warmly provided by the Seller alter the dare of nevermore of the ..its famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or ne of goods by the Purchaser shall or constitute a waiver of any claim under this warranty. Except as otherwisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmramies or gumantees, but such liability shall in no event =hide lass of profits or loss of ne. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moon by wnten change ordn. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal corms, including additions to or deletion from the quantities originally rendered in the specifications or drawings, by verbal or written change order . If any such change afecn the amount due or the time of pefformance hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wriaon change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to any equitable adjntmmr between the parties or to any work or materials risen in progress provided that the Purcbner shall not be liable for any claims for mhicip ecil profts an the uncompleted portion of use goods -Nor wwk, for cncidental or consequential damages, and glut no such adjustment be made in favor of the Seller with respect to mygoods, which are the Seller surdand stack. No such mormation shall relieve the Purchaser or Ne Seller crony of their obligations as to my good delivered brertmder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment moot be assened within thirty (30) days from the data Ne change or conducting is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been priduced, sold, delivered and famished in saia compliance with all applicable laws and regulation to which the goods are subject The Seller shall execute and deliver such docummn as may be requited to effect in evidence compliance. All laws and regulation requital to be incorporated us agreements of this cbaraeter are hereby incorpomred herein by this ref ce. The Seller agrees m indemnify and hold the Purchsser hater oss from all rose and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, canter. or convey this order, or any monies due or m become due hereundn without the prior written anent of the other pony. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchazer for all equipment, materials, and items famished in porfrrmmce of On agreement, One and clear of any and all lien, ressictims, reservations, semrity interest encumbrances and claims oroom.. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thounfer indicates its inability or unwillingness to comply, the Purchaser, may cause the work to be performed by line mast expeditious means available to it, and the Seller shall pay all costs asocutN with such work. The Seller shall relene the Purchaser and its contractors of any tier fmm all liability and claims of my mmre coming From me perfomwme ofsuch work. This release shall apply even in line event of fault of negligence of the Party released aM shall extend to the directors, c fcers and employees of such patty. The Sellers contractual obligations, including wargody, shall not be deemed to be crossed, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever be Seller is required I. two any design, device, material m process covered by letter, potent, andemark or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for iaGngement by rennin of tbe use of such atoned design, device, material or process in connecting with the contract, and shill wdemvify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngement at my time during the proscmmn or arm the completion of rise work. In case said equipment, or my pan morrof or the intended use of the gads, is in such suit held to constitute infringement and the rise of said equipment or pan a enjoined, the Seller shall, at its awn expense and m its option, either procure for the Purchaser the right to continue using said equipment or parts, replace Ne same with substantially equal but nanivfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bamsmpt make an evii, men for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of rams trod or the mterprtmdon ofthe agreement ad the rights afall panin hereunder shall be coned oNer and gmemed by the law, of the State of Colorado, USA The following Additional Condition apply only in cases where the Selles is to perform work hereunder, including the services of Sellers Representalive(s), mile psi mugs of others. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident court or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expeme and to the satisfaction of me Purchases. When materials and equipment are fmishd by others for installation or emotion by me Seller, the Seller shall reeeive, unlmd, sore and handle same in the site and became onsponible therefor as though such materials adfor equipment were being fumishd by the Seller under the order. 18, INSURANCE. The Seller shall, at has own expense, provide for the payment of workers confirmation, including occupatioml disease benefits, m its employees employed on or in connection with the work covered by this purchase order, motor to their dependents in thowdnnce with the laws of the sure 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 liability insurance with bodily injury and death limits of in least $300,000 for any one person, $500,00) for my e accident and properly damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of use Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with s certificate that such compensation and insurance have been provided. Such comfort, shall specify the doe whin such compensation and insurance have been providd. Such certificates shall specity Ne date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the entire work is completed ono accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby incomes me entire responsibility and liability for my and all damage. loss or injury of my kind or nature whanee,or to persons err property cared by or resulting f the exeention of the work provided for in this purchase order or in connection herewiN. The Seller will indemnify and hold harmless the Purchaser and my cr all of me Purchasers officers, agents and employees firing and against any and all claims, losses, damages, harges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by eeawn of any act, action, neglect omission or default on the part of the Seller, any of his omractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or oNer proceedings shot be brought against the Purchaser, or its officers, agents or employees at any time on account or by reawn of my act, action, neglect, omission or default of the Seller army of has contractors or my of irs or Neu oficers, agents or employees as of mid, the Seller hereby ogres 1r assume the d to. thereof and to defend the same at the Sellers own expense, to pay my ad all costs, chuges, a usi fees and other expenses, my and all judgments chat may he incurred by or obtained egging the Purchase or my of its m their officers, agmn m employees in such stain or other procedings, and as case Julius t or other lien be placed upsw or obtaind again[ the pmpeery critic Purchaser, or said patties in or on is result of such stain err otrcr procedings, the Seller will at once cause the some m be dissolved and duchargd by giving bond car otherwise. The Seller and his contractor shall take ell safety precastions, famish and install all peoples amesmry for the prevention of accident, comply with all laws and regulation with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mica and regulators issued pursuantthereto. Revised 07nOW