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HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9151637PO PURCHASE ORDER 915163er Page City Of/� 9151637 1 of 2 C6rt Collins This number must appear , `�—J`-' ` ` on all invoices, packing sli s and labels. Date: 03/17/2015 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: 03/17/2015 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #20556YYY1 1 M/WSCA AND QUOTE #216553315 DATED 11-MAR-2015 FROM GINI BRESCIA. Line Description Quantity Ordered UOM Unit Price Extended Price MS SQL SERVER STD CORE EDITION 1 LOT LS 7,894.66 LICENSE QTY (2) 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 $7.894.66 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com l 1. III 1' "ell 1 1 I l lyryyjrp] Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By salute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser a insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to mect specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transi4 may be returned a you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort 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. authorized payment on the part of the 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 all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the patticular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to Otis purchase order. bill most accompany invoice. Additional charges for tackiest will net be accepted. Shipment Distance. Where manufacturers 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 from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, in required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assented m established violation of my such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority In bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Ore terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different amss and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No rats 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, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall act be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, arts of civil or military authorities, govemmentul priorities, fires, strikes, flood, epidemics, wars car riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal an the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and was covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser homeless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the mina of any applicable warranty provided by the Seller after the date of mceptmce of the goods famished hereunder (acceptance not te be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except m 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 occur include loss of profts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes In, legal terms by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal m written change order, If any such change affects the amount due or the time of performance hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties m to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental m consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations a which the goods are subject The Seller shall execute and deliver such documents as may be required to effect ot evidence compliance. All laws and regulations required to 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 suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or curacy this order, or my monies due or to become due hereunder without the prior written cement of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date a be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of my nature resulting Tom the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed m caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save barmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, deuce, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right a continue using said equipment or parts, replace the same with substantially equal but nooinfringing equipment, m modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shag become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be constmed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is a perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials e.ill., equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensatioq including occupational disease benefits, to its employees employed on m in connection with the work covered by this puchase order, and/or to their dependents in accordance with the laws of the stale in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited a, commum d and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for my one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, In provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall spmity the date when such compensation and insumuce expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumcs the enure responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever a persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhwer and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, 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 it officers, agents or employees at any time on account or by reason of my rat, action, neglect, omission or default of the Seller of my of his contractors or my of its m their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, ahomeys fees and other expenses, my and all judgments that may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in m as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of I970 and all Miles and regulations issued pursuant thereto. Revised 032010