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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9150672PO PURCHASE ORDER 915067er Page C117/ of PURCHASE 50672 t of z F/' rt Collins( his number must packing !I\V`I ` V �7 on all invoices, packing sli s and labels. Date: 0112912015 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: 01/29/2015 Buyer: ED BONNETTE Note: PRICING PERE STATE OF COLORADO WSCA SOFTWARE PRICING AGREEMENT #20556YYY11M/WSCA AND QUOTATION #216400057 DATED 20-JAN-2015 FROM GIN[ BRESCIA TO HEATHER OLIN. Line Description Quantity Ordered UOM Unit Price Extended Price QUOTE#216400057 - QTY (6) 1 LOT LS 14,034.96 MS SOL SERVER 2014 STD CORE 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Pon Collins is exempt from state and Iwel taxes. Our Exemption Number is 98-04502, Federal Farm Tax Exemption Ccnificale of Registry, 84-6000587 is registered with the Collector of ho,on l Revenue, Denver, Colorado (Ref. Colorado Revised Stromes 1973, Chapter 39-26, 114 A), Goods Rejected. GOODS REJECTED due to failure to meet spnificatims, either when shipped or due to de( 1s of damage in transit, may be retumd m you for credit and are not to be replaced except upon raeipt of writer imwctipns from to City of Fort Collins. Impact GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can ..I, in authorized payment on the pan of the City of FortCollins, However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Trans. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. I(pemmissian is given to prepay freight sued charge separately, the original freight bill most acwmmnv invoice Additional charges fro packing will not be Trimmed. Shipment Distance. Whom manufacturers have distributing Points in various porn of the country, shipment is expected from the neamst distributors point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall measure at sellers sole cost all procsnry permits, cerrifiwtes and licenses requird by all applicable laws, regulations, ordinances and tales of the ante, municipality, Tommy y or political subdivision where the work is perforased, or romi ed by any other duly canstimtd public authority having jurisdiction over she work onxndm. Seller Rather agrees or bold the City of Fort Collins hammlras from and against all liability and loss incurred by Them by reason of an assured or established violation of any such laws, regulations, on irunoes, rules and reconstructor, Authorization. All panics to this contract agree that the representatives are, in fact bona file and possess full and complete mthody to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or differ,. to. and conditions per owd by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrivc on your promised delivery date as noted. Time is ofthe memo. Delivery and perfomanea must be of ted within the time stood on The purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of lhia provision. In the .veto of mry delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding The Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably Irritan a which arc beyond its reasonable comml and without its fault of negligence, such acts of Gad, acts of civil or military militiamen, governmental priorities, fires, stokes, Rudd, epidemics, wars or now provided That notice of the conditions carving such delay is given to The Purchaser within five (5) days of The time when The Serer first received knowledge thereof. In the event of any such delay, the &te of delivery shall be extended far the period equal to the tome actually last by ramn ofthe delay. 3. WARRANTY. The Seller warrants That oil goods, articles, materials and work covered by this order will confirm with applicable drawings, apecifications, samples maker other descriptions given, will be fit for the purposes inteded, and Performed with The highest degree of care and competence in accordance with accepted standards for work of a similar Tamer. The Sella agrees to hold The purchaser harmless from any loss, damage or expense which The Purchaser may safer or incur on account of the Seller branch ofwarranty. The Seller shall replace, repair m make good, without cost W The purchaser, any defecu or faults arising within one (1) year or within such longer period of time as maybe presented by law or by the Terms of my applicable wamnty provided by The Seller a0o, The, &or of acceptance of fie gools famished hor ander (acceptance not Ra b, unreasonably deloyN), resuhm, from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by The Purchaser shall not onstltum a waiver army claim under this warranty. Except as otherwise provided in This purchase order, the Sellers liability hereunder, shall caused to all damages presio a toy armed by the breach of any of The foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purcham may make changes W legal trims by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the reams, other than legal terms, including additions to or deletions from the quantities onginally ordered in the specifications or drawings, by verbal or written change order. If any such change arrears the amount due or the time of Performance hereunder, an inimitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writca change order, harmonic this agreement as to my or all portions of the goods two awl snipped, subject many equitable djmrmem between the, padi. or to any work or worm.), Nen in progress provided that the Purchaser shall rot be liable fro my claims for anticipated profs con the uncompleted Portion ofthe goats cracker work, for incidental in consequential damages, and That no such adjustment ba trade To favor ofthe Seller with aspect to any goods which me fie Seller standard stock. No such termination shall relieve fiePurchaser or the Sale, ifany offer, obh lions or to any goods delivered heteuder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller wormals That ell good sold hmunder shall have ban produced, said, delivered and furnished in dmT omidnerm with all applicable laws and regulations To which The goods arc iniho T. The Seller shall execute ad deliver such documents as may be required to effect or evidence compliance. All laws and roplatioTu required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages su@red by the Purchaser in a mail of the Senor failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, uaufer, or convey this order, or any comes due or to become &e hereunder without the prior wriuen consent off other parry. 10, TITLE, The Seller warrants full, clear and umcsmicted title as the Furchises for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon scrim performance of the tames and conditions hereof, failure or delay to exercise any rights or mmdies provided herein or by law, failure to promptly notify the Seller in the event of a branch the remittance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not bd deemed a waiver of any right of the purchaser Ip imat upon strict performance heree etc any ofits rights or remedies on as my such goods,regardless of when shipped, received or accepted, as to any prior or subsequent hfault hereunder, rot shall any purported can] modification m rescission of this Franchise order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the parchment recognize that in actual economic practice, overcharges resulting from Trainman violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration far executing this pumbase order, the Seller hereby margin to fie Pureham any and all claims it may now have or hereafter acquired under federal m state contend laws for such overcharges relating to the particular goods or services purchaud or acquired "a Purchaser pursuant ao This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifahe Purchmer directs The Seller to correct nonconforming or detective goods by a date to be agrod upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work Te be performed by the most expeditious means available to it, and the Seller shall pay all Tom associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and maims of any tumee resulting cam fie performance ofauch work. This mlowe shall apply even in the cs'car of fault of negligence of the pan, released and shall extend to the direcmrs, officers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused at be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patens, commands or copyright, the Seller shall indemnify and save members fie Purchaser from any and all claims for infringement by reason of The me of such patented design, device, mmmal or process in connection with The contact. and shall indemnify the Pmrchaer for any cast, expense or damage which it may be obliged to NY by rrnwn of such inGngcmard m any time during the prosecution or ti es the completion of The work. In case said equipment, or any pan theraf 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 its own expense and at its option, either percent for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. If The Shca shall become iraolvmT or bankrupt, make pp assigmrtem for fie bdmfil of creditors, appoint m cruciver m bootee for any of the Sallm property or business, this order may foMwith ha appealed by fie Purchaser withom liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights ofall parties hereunder shall he contacted under and governed by the laws afthe State of C.lumd., USA. The following Additional Conditions apply only in cases where fie Seller is m perform work hereunder, including the services of Sellers Repeeseoarive(s), on the premises oforme, 19. SELLERS RESPONSIBILITY. The Seller shall carry not said work at Sellers owa risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work andior mmeri ds before Sellers final completion and acceptance. complete the work at Sellers awn expense and to the satisfaction ofthe Purchaser. When materials and equipment are fum¢hd by others for installation or crrdion by the Sella, the Seller shall receive, malood, store and handle same at the site and become responsible therefor as though such materials ppd/or equipment were being fumishd by This, Seller under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational do. bmefts, to its employees employed o0 m in connemic n with fie work wand by obis purchase under, and/or to their dependents in accordance with the laws of the state in which the work is o b, done. The Seller shall also carry compeebensive general liability including, but not limited to, contractual and aommobile public liability insurance with bodily injury and death limits of at least S300,o00 for any one person, 5500,000 for any one accident and property damagr limit per accident of $400000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his committees employees shall do any work upon the Premises of other, be Seller shall f raish the Purohaur, with a cenificale Unit such mampenmtion and iuurana have been provided. Such certificates shall specify The dite wham such compensation and insurance have been rambled. Such conifiadas shah specify, hie dare when such compensation and insumme expires. The Seller agree that such rampetualion and i.e. shall be maintained until after the entire work is mmpletal and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the pmchasm officer, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which The Purchaser may be, pat or subject by reason of any am. action, eeglat. omission or deft 1, m The part of be Seller, any of her connotations or my of the Seller or contractors officer, agents or employer. In cue my suit or other proceedings shall he brought against the Purchaser, or its officers, agent, or employer at my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his manometers or any of its or Their wffl em, agents or employees as aforeaid, The Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and al I calls, charges, attorneys fees ad other, expenses, any and all judgments that may be incuned by or obtained against the Purchaser or any of its or Their oRcm, agents or employees in such suits or other proceedings, and in case judgment or other lien its, placed upon or obtained against the proimty ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at ppea cause the same To be dissolved and discharged bygiving bond or otherwise. The Seller ad his contractors shall take all safmy precautions, Finnish and install all guards necamry, for The prevention of accident, comply with all laws and mgulations with regard to safety includng, but with rid limitation, the Occupational Safety and Health Act of 1970 and all tales and regulation issued pursuant theme. Revised 07Q014