HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9150041Fort Collins
Date: 01106/2015
Vendor: 289716
INSIGHT PUBLIC SECTOR INC
22721 E MISSION
LIBERTY LAKE WA 99019
PURCHASE ORDER
PO Number Page
9150041 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: 01/06/2015 Buyer: ED BONNETTE
Note: PRICING PER STATE OF COLORADO/WSCA #20556YYY11M/WSCA CONTRACT
AND QUOTATION #216352765 DATED 05-JAN-2015 FROM GINI BRESCIA.
Line Description Quantity UOM Unit Price Extended
Ordered Price
INSIGHT QUOTE#216352765 1 LOT LS 24,268.74
SQL SERVER LIC QTY (6)
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
Total
Pay terms net 30 days
Invoice Address:
74
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By status, the Cary of Fort Collins is exempt fmm immoral local taxes Our Exemption Numba Is
11. NON WAIVER.
984N502. Federal Excise Tax Camara.. Cenifcam of Registry M-6000587 is registered with the Courcho of
Failure of the Purchaser in insist upon,tact pert of the terms und conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colomdo Revised So mta 1973, Chapter 39-26,114 (a).
exercise my rights ar remedies provided herein or by law, fail. to promptly notify the Sella in the eves, of a
breach. the acceptance of of payment for goods hereunder m appmval crime design, shall nor release the Seller of
Goods Rejected. GOODS REJECTED due m failure m men specifications, either when shipped in due to defccm of
any of the wammi,s or obligations of this purchox order cad shall not be deemed a waiver of any right of the
damage in transit, may be rttaned to You For credit and ore not m be replaced except upon romp, of carmen
purchase( to insist upon strict performance h.ofor any of in rights or remedies as ro any such goods, regardless
instructions fmm the Ciry of Fort Collins.
of when shipped, received or accepta as to any prior or subsequent default hereunder, nor shall any purported
mail modification or rescission of this pushes, other by the Purchaser mature as a waiver of any of the hems,
Inspection. GOODS art subject to the City ofFort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
imhoriced payment on the part of toe City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of at l applicable required inspection procedures.
violations are in Not home by the Purchase, Tharmfore,for good cause and as consideration for executing this
pumhom order, the Sells, hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F O.B., City of Fort Collins, 200 Wood Sr, ran 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 permission is given to prryay freight and charge sepaaaly, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges fro looking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
Ifthe Puchamr directs the Sella to correct nonconforming or defective goods by a date to be, agreed upon by the
expeacd from the ararest distribution point to destination, and excess freight will be, deducted from Invoice when
Purchaser and the Seller, and the Sella thmantle, indiare, its inability or unwilludid ss to comply, the Purchaser
shipments are made from greater distance.
may cause, the wmk to be performed by the most expeditious means available to it, and the Sella shall pay, all
costs associated with such work.
Pmnits. Seller shall pmevre at sellers sole cost all necrsmry Famous, anifata oral licenses required by all
applicable laws, regulations, ordinances and rocks attar sure, municipality, territory or political subdivision where
the work is performed, or required by any offer duly assumed public authority havgngjunsdiction over the work
of vends,. Sella fuMcr agrees m hold the City of For Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, area
and fix,ro moo.
Authorization. All parties m this contract agree that the rcprescmatims are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Ptuchase Order expressly limits sa,a ace ,the corms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed harem or incorporated herein by
reference. Any additional or different terns and conditions proposed by sole, are objected to and hereby rejamd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the Purchase order and the documents attached hereto. No acts mf the purchasers including, without
limitation, acceptance ofpanial Jae delivxaies, shall opemm as a waiver ofthis provision In the event army delay,
the Puclocia shall have, in addition to other legal and equitable remedies, the option of placing this motor elsewhere
and holding the Sella liable for damages. Howa'a, the Sella shall not be liable fro damages m a rocult of delays
due to ausa not mounnably factorable which am beyond its reasonable coatml and without its fault ofnegligace.
such acts of God, acts ofcivgl or military authorities, govemmenml priorities, fires, strikes Rood, epidares, was or
riots provided Oat notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Sella full received kmowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the pound equal to the fire actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, worries and/or other descriptions given, will be fit for the proposes intended, and
performed with the highest degree of core and competence in accordance with accepted standards for work of a
similar namm. The Seller agrees to hold the purchaser harmless fmm any loss, damage of expense which the
Purchaser may suR,r or incur oa wcoau of the Sell. breach ofwwmnry. The Seller shall replace, Man or make
goad, without cost to the purchaser, any defects or fwlm arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terra ofany applicable warranty provided by the Sella after the date of
acceptame of the goods fiunished hereonda (accepWu Out to be umeannrably delayed), resulting from imperfect
or defmtive work done or mderiak famished by the Sella. Acceptance Or use of goods by the Purchamr shall not
constitute a waiver ofony claim ender this wamnty. Except in orharwim privded in this purcham order, the Sells,
liability hereunder shall extend or all damages proximately mused by the breach of my of the foregoing wmmntics
or gdamntces but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FIITESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase, ay make changes to legal it. by eainrn change coder.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change to me terra,, other than legal terms, including additions to or deletions from
the quationies originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by watt. change ada, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable ndjuamcat between the panics as to any work or nothe iah then in
progress provided that the Purchaser shall not be liable for coy claims for anticipated profits on the uncompleted
pinion of the goods i aVor work, far incidental no consequential damages, and that no such adjustment be made in
favor of the Seller with respect many goods which are the Sellers standard stock. No such temlratim shall relieve
the Purchaser or the Seller ofany oftheir obligations U ro any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far adjusamenh mat be asserted within thirty (30) 6, from the date the change or temtimu m is
ordered.
8. COMPLIANCE WITH LAW.
The Sell,, wommts that all goods sold henamda shall have ban produced, to, delivered and Famished in strict
compliance with all applicable laws and regulations to which the goods arc cub row. The Sella shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required m be
narrowed in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a retail of the
Sellers failure in 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
'nor w radar courant of the other parry.
10. TITLE.
The Sella warrants full, clam and turzesdrined fide as the Parchour for all equipment materials, and item fiuniahed
in pert ante of this agreement five and clear of any and all lino, mrrictions, reservations, security intent
encumbrances and claims o f others.
The Sella shall relesse the Purchase( and its coitmrtors of any lia from all liability and claims of my nature
resulting from the'aformance ofsuch work.
This Tritium shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officex, and employees of.oh party.
The Sella's contractual obligations, including warranty, shall not be doomed to be reduced, in any way, because
such work is perforated or caused to be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trudemark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such paated design, device, material or process in cormecuon with the contract and
shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of dre work. In cam said equipment, or
coy part thereof or the intended car of the goods, is in such suit held on constimre infringement and the use of
said equipment or pan k mjoined, the Sella shall, at its own expense and a its argon, either promm for flow
Purchasa the right m corisue using said equipment or pans, replan the same with substantially equal bur
noninfdnging apfipmen4 or modify it wit becomes mninGnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt. make an dougnment for the benefit of creditors, appoint a
,sewer m trustee for any of the Sellas property or business, ibis order may foubwith be canceled by the
Purchua without liability.
16. GOVERNING LAW.
The definitions of tams used or the interpretation of the agreement and the rights of all ponies hereunder shall be
construed under and govemed by the laws of thr State of Colorado, USA.
The following Additional Conditions apply only in cares where the Seller is to perform work hereunder,
including the services of Sell. IMmaenmtivids), on the premises aromas.
17. SELLERS RESPONSIBILITY.
The Seller shall arry on mid work at Sellers own risk until the same is fully mmplacd and accepted, and shall,
in era, of my accident, destruction or injury m the wmk adlm mammals before Sellers firol completion and
acceptance, complete the work as Sellers own expense and to the sugsfectim of the Purchases. When matesiak
and equipment ere furnished by otbers for installation or erection by the Sella, the Sella shall recrivc, unload,
sine and handle come m the site and bcomr snparashIc therefor as though such matmak ahNm equr mmr
war being( fished by the Sella maker Oa, order.
18. INSURANCE.
The Seller shall, at his own expense, provide fro the payment of workers compensation, including occupational
disease benefits, m its employees employed on or in connection with the work covered by this puabam order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited to, rantracmal and amomobile public
liability insurance with bodily or, and death limits of at least $300.000 for any one person, $500,000 for any
ne accident end property damage limit per accident of $400,000. The Seller shall likewise require his
ammismas, if any, to provide for such arn,comfim and insurance. Before any of the Sell. or his antrmmmrs
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a anificae
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such crnificau s shall specify fro date when such compensation
and insurance expires. The Sella agrees that such mmpertmtion and immance shall ba maintained until and the
entire work k completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability for any and all damage, loss Or injury ofany kind
or vmre whatsoever on persons or prope,ry coused by or resulting fmm the execution arrive work provided for in
this purchase order or m an —a on herewith. The Seller will indemnify add hold harmless hbe Fontana and any
or all of the Purchasers oRcers, agents and employees from and against any and all claims losses. damages,
charges or expenses, whether direct or indirect, and whether or persons or property to which the Purchaser may
In, put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
autmetom, or any of the Sellers or contractors oice.. agents or employees. In case any suit err other
proceedings shall be brought against the Pushover, or its Officers, agents or employees at any time on account or
by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their oflicers, agents or employees as efortmid, the Seller hereby agrees to assume the defense thereof and m
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other ct,a nses,
any and all judgmemm Nat 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 Into be placed upon or
obtained against the property of the Purchaser, or mid parries in or an a result of such suits or other proceedings,
the Seller will at once cause the same to he dissolved and discMrged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and insuall all guard necessary for the limitation of
accidents, comply ward all laws and regulations with regard to safety including, but without limitation, the
Oca,crimal Safety and Health An of 1970 aak all tales and regulations issued Pursuant thereto.
Revised 07aO14