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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9116432Fort Collins Date: 10/31/2011 PURCHASE ORDER Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS Colorado 80525-5731 PO Number Page 9116432 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 10/31/2011 Buyer: ED BONNETTE Note: PER CONTRACT #43553 FOR CITY HALL WEST DATED 10/27/11. $695.00/MONTH X 12 MONTHS = $8,340.00 Line Description Quantity UOM Unit Price Extended Ordered Price CHW MONTHLY WIFI 1 LOT LS 8,340.00 FRII CONTRACT 12 MONTHS Total $8,340.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVBR. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Intemal Revenue, Denver, Colomdo (Ref.Colomdo Res'isad Stamtcs 1973. Chapter 39 26, 114 (a). exercise any rights or remedies provided herein or bylaw. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mfer specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stria perfornnnce herenfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, us to any prior or subsequent default hereunder, nor shill any purported not 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 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. authorized payment on the pin of the City of Fen Collins However, it is t. be understood that FINAL Seller and the Purchaser mmgnize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase coder, the Seller 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 Fen Collins. 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this order. If prnnision is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thercaficr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs asocimcd with such work. Partin. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory Or political subdivision where the work is Perforated, or 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 asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expmsly limits acceptance to the terms and conditions stated herein set fonh and any supplementary or additional term and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Tim, is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents muehed had.. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event ofany 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bend, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay. the date of delivery shall be extended for the period equal to the time actually lost by mason 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, 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 ecceptcd standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hercunda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of.y claim under this wnnanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanamics or guamntces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change afTttts the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mrminmc this agreement as to any or all portions of the goods than ram shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Sell let of any of their obligations as to any goods delivered hereunder. 7. 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 warrants that all goods sold hereunder shall have been produced, sold. delivered and burnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or 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 hamdcss 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 convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in perfnmance of this agreement. free and clear of any and all liens, restriclions, reservations, security interest encumbrances and claims of others. The Seller shill release the Purchaser and its contractors of any tier from all liability and cla inu of any nature resulting from the performance ofsuch 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 dccmed to he reduced, in any way, because such work is performed or caused to 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 hamdcss the purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pm%cculion or after the completion ofthe work. In ease 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 pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the mine with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Selem 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 ofthc agreement and the rights of all parties hereunder shall be constmcd under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllers Representative(s), on the promises ofothcm. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident. destrodion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished 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 and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe state 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 at least S300.000 for any one person, S500,000 for any one accident,and property damage limit per accident of S400,000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insumnm. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofothem. 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 eenifieates shall specify the date when such compensation and insurance 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 assumes the entire responsibility and liability for any end all damage. Inns or injury ofmy 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 Sella will indemnify and hold hamdess the Pumhascr and any or all of the Purchasers officers, agents and cnlploy'ces from and against any and all claims, lorscs, damages, charges or expenses, whether direct or Ini ircd, and whether to persons or property to which the Purchaser may be put or solued 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 any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Shcct of any of his contractors or any of its or 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, attorneys fees and other expenses. any and all judgments that 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 lien be placed upon or obtained against the property of the Purchaser. or mid panics in or as a result ofsuch 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 .II laws and regulations with regard to safety including. but without limitation the Occupational Safety and Health Act of 1970 and all rules and regulations issued pumant thereto. Revised 03/2010