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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9150649PO PURCHASE ORDER 915064er Page C117/ of PURCHASE 9150649 t of z ' `t Collins ns This number must appear ` V on all invoices, packing sli s and labels. Date: 01/28/2015 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: 01/27/2015 Buyer: ED BONNETTE Note: PER STATE OF COLORADO/WSCA PRICING AGREEMENT #20556YYY11M/WSCA AND QUOTATION #216393344 FROM GINI BRESCIA DATED 16-JAN-2015. Line Description Quantity UOM Unit Price Extended Ordered Price I INSIGHT QUOTE#216393344 1 LOT LS 5,040.09 ERP -SOFTWARE ASSURANCE 2 INSIGHT QUOTE#216393344 1 LOT LS 612.54 GIS-SOFTWARE ASSURANCE 3 INSIGHT QUOTE#216393344 1 LOT LS 306.27 UTILITIES -SOFTWARE ASSURANCE 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt tram slate and laid taxi. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Davcn Colorado (Ref. Colorado Revised Success 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure at meet specifteamork, either when shipped or due I. defects of damage in consul, may be mums to You fa credit and are not to be replaced except upon receipt of wrinan restrictions form the City of Fort Collins. Inspection. GOODS arc subject to the City Afyon Collins inspn,'tioa on arrival. Final Acceptance. Radler of the merchandise, saviors or equipment in response m this order ran result in authonaeC paMo., an the pan of the City of Fort Collin. However, it is m be, understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable requirW inspection procedures. Freight To., Shipments must be F.O.D., City of Few Collins, 700 Wood St., Fort Collins. CO 80522, unless otherwise specified on this order. If permission is given no prepay freight and charge separately, the original freight bit most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufncaurers have distributing points in cations pans of the country, shipmmr is expected from the nearest distribution in, m destinmme, and excess freight will be deducts from Invoice when shipmmnut are made from greater distance. Parnils. Seller shall procure at call. sole cost all necessary permits, certificates and licenses rational by all applicable I -a. agulm..in, midimmers and mles ofthe state, municipality, temtnry or political subdivision where the work is performed, or required by any .the, duly cautioned public authority having jurisdiction over the work of vmJor. Seller further agrees to hold the City of Fort Collin harmless from and against all liability And loss incurred by ahem by roams of tan soared or established vidannot of any such laws, regulaion, oNirances, roles and requiremena. AUOmnvtion. All parties to this contract agree that he representatives are, in fact, bona it& and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This roadhouse Linda cxpcssly limits aceptma to the terms and condition stated herein set forth and any supplementary or additional terms and condition annexed hector or incorporated herein by reference. Any additional or different Ivrms and conditions proposed by sells ar<objectd to and hereby mected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment 1. active on your Promised delivery date as noted. Time is ofthe essence Delivery and Performance mail this eft ted within the time Noted! on the purchase order and the documents muchs haea. No scut of the purchasers maiming, without limitalion, acceptance of partial lam deliveries, shall operate as a waiver of Nis provision. In the event ofany delay, Nc Purchaser shall have, in addition mother legal as eciami remedies, he option of placing this wrier elsewhere ad holding the Seller liable far damages. However, the Sella shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, ace ofcivil or military authorities, governmental prionties, fires, strikes, named, epidemics, wars or hats provided that notice of the conditions causing Loch delay is given to the Purchaser 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 extendd for the period equal to the time actually lost by commit of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covers by this order will conform with applicable drawings, specifications, samples onllor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compaen¢ in accordance with accepted standard for work of a similar nmum. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may sort or incur on account ofthe Sellers breach of warsnry. The Seller shall replace, repair or make VW, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be prescdbd by law or by the terms army applicable warranty provided by the Sella after the time of acceptance of she good furnished themumlm (acceptance not m be I.msonably delays), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by this, Purchaser shall not onstima a waiver ofany claim under this assembly. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend or all damages proxibrooly caused by the breach of any of the fatiguing werantirs or gmmntas, but such liability shall in no event include lass of prefies or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal terms by wrimm change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make nosy changes 10 the terms, other Ran legal arm, including addition to or ddnion Goo ale quantities originally ordered in the specification or drawwgs, by vedul or written change order. If any such change affixt. the...... due or the lime of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change mda, terminate this agreement as to my or all Wnii n of the goods then not shipped, subject to any equitable adjustment wromm the parties as to any work or nationals then in progress provided that the Purchaser shall no, be liable for any claims for anticipated pmlbs oa the uncompleted portion of the goods and/or work, for incidental or conventional damages and that no such adjustment be made in favor of ohe Seller with ri to waygood which are the Sellers standard stock. No such tenninotim shall relieve the Purchaser or the Seller of any of their obligations as to any goad delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or Ianninatl.n is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with .II applicable lass and regulation to which the good are subject no Seller shall execute and deliver such document as may be required to effect or evidenre compliance. All laws and regulation required to be ncorporated in agreements of this character are hereby incorporated herein by this refecrmm. no Seller agars to indemnify and hold the Purchaser howlers from all costs and damages suffers by he punctuator as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, ancestor. or convey dus under, or my monies due or to become due hereunder without the, prior winners conem of Roe olhe, party. I O. TITLE. The Seller warrants full, clew and unrestricted title to tlrc Purchaer for all equipment, materials, and items furnished in performance of this agrtrmcnk free and clear of any ad all liens, redmctime, reservations, recurtV imaes, earumbance, and claims of oNers. 11. NONWAIVER. Failure of the Purcbaer to insist upon strict performane of the temu and conditions hereof, failure or delay to amocim any rights or remedies provided herein or by law, failum to pramptly notify Ne Seller f the event of breach, the accepame of or payment for good hereunder or approval ofthe design, shall out reform, the Seller of any of the warranties or obligation of Nis purchase under and shall rwt be downed as waiver wary right of Ne purchaser to insist upon inner perfnu muce hereof or my of its rights or temodies m in any such good, regardless Af when shipped, received or accepted, as a my prior or subsequent default hereunder, nor shall any imported oral modificams. or rescission of Nis purchase under by the Purchaser operate as a waiver of my of the to. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the purchaser random Oat in actual economices practice, overcharges rulting from cannot violation are in fact home by the Purchnsw. Therwnfore for good cause and as consideration for executing this Purchase order, the Seller hereby assign in, the Purchaser my and all claims it may now have or hereafter acquired under Federal or sure antitrust laws for such overcharges relining in the particular good or services Purchased or acquired by the Purchase, pursuanuo this purchase aide,. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direr, Ne Sella to correct noromficm,ing or defac6ve fonds by it dale to be award upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, fie Purchase, may muse the work m be vorfomn by the most expeditious means available m it, and the Seiler shall pay all costs resociatd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability as claims of any woure resulting I'mm the performance ofsuch work. This release shall apply even in the even of fault of negligence of the party released and shall extend 1. the directors, officers and employees of such patty. The Settees contractual obligation, including warranty, shall not be cleared a be reduced, in my way, because such work is Performed or caoscd to be pM rms organ Purchaser. 14. PATENTS. Whenever the Seller is required to me my design, device, material or process covers by letter, proem, trademark or copyright, the Seller shall indemnify and rave harmless the Purchaser from any and all claims for infringement by reason of the hue of such provided deign, device, material or Fortress in cotmection with the content, and shall indemnity the Purchaser for any cast, expense or damage which it may be obligal to Pay by reaon of such infringement at my time dung fie prosecution or after the completion of fie wo& In case said equipment, or any pan Nermf or ale intended use of the goods, is in such suit held no condole infirin,awn, and the use of said equipment or pan is enjoins, the Sella shall, at its own expense and in its option, either procure for the Purchaser the right m ... using aid egitipmem or pus, rcplwe the same with, wb ommially Wual but noninfnnging equipment, or modify it m it becomes moninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankccpt, make an assignment for the benefit of cra irors, appoint a receiver or trosree for my of the Sellers property or business, this order may foMwith be cancels by the Purchaser without liability. to. GOVERNING LAW. The definition of terms used or the interpretation ofthe agreement and the rights of all parties. heremder shall be unshod ender and governed by the laws of the Some of Colorado, USA. T'he following Additional Conditions apply only in cases where the Seller u to perform work hereunder, including the services of Sellers Rarmsentative(s), on the premises creations. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, at use of any accident, desbaction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own experae and an the satisfaction of the Purchaser. When andawls ad equipment are fbnshed by others for ioullatim ar create. by the Seller, the Seller sball tictive,.load stare and handle same at the site and become respoosible thecfor as though such materials mtdfor expripment were being warned "a Sella under the order. 18. INSURANCE. The Seller shall, at his Axn expersm,, provide for the payment of workers arropereartion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this puahase order, copper to their depanorris in accondmce with Nv laws of the seam in which the work is to be done. The Sella shall elm carry mmprehenive general liability including. but .1 limited to, eantrac ust and automobile public liability insurance with bodily injury and deaN limits of at least 5300,000 for my one person, SSOL000 for my nc accident and popery damage limit per mcidem of S400d", The Seller shall likewise require his contractors, if any, a pmvlde fen such compensation and insurance. Before nosy of die Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate ohm such compensation and immmce have been provided. Such ceni0eades shall meaty the date when such compensation and insurance have been provided. Such cmifieroa shall specify the date whom such rompenwtiwn .it insurance expires. The Seller agrees that such compensation and insurance shall be maintainal.It[ no, the entire work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or many of any kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work provided for in ,his purchase order w in correction herewith. The Seller will indemnify and hold harmless Ne Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or wbjal by reason of my or,, action, matter, omission or default on the pan of the Seller, any of his contamom, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my fine on account or by reason of my nor, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as afacsaid, the Sella hereby agrees a assume the defense thereof and to defend the more at the Sellers owe expense, to pay my and all costs, charges, aameys fees and other expenses, any am all judgments Rat may be incurs by or obtained against the Purchsscm or any of its or theb rcars, agents or employees in such suits or other proceedings, and in con judgment at other lion be placed upon or Abound against ale property office Purchaser, or mid pvt161n or as a result ofsuch suits or whet proceedings, the Seller will at once suss, the come to be dissolved and discharged by giving band are otherwise. The Seller mad his comrecars shill take all safety precaution, famish and install all pounds necessary for Ne pmwntien of accidents, comply with all laws and regulation with regard at rarely including, be, sailboat Iimiuuan, the Occupational Safety ad Health Act of 1970 aM all rates and regulation issued pursuant thereat Revised 092014