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HomeMy WebLinkAbout127589 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9120290PURCHASE ORDER PO Number Page City OfCollins ��� 9120290 1 of 2 ol f ns This number must appear C6rt G ,�—,J`-' ` on all invoices, packing slips and labels. Date: 01/18/2012 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS Colorado 80525-5731 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/17/2012 Buyer: ED BONNETTE Note Line Description Quantity UOM Unit Price Extended Ordered Price FRII - MSDC WIRELESS NETWORK 1 LOT LS 16,127.25 ENGINEERING WORK This PO does not include the monthly recurring costs, this is only for the Hardware, Engineering and Installation costs. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total Invoice Address: $16,127.25 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TemJs and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions, By statute the Cityof Fort Collins is exempt farm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-04502, Federal Excise Tax Exemption Certificate of Registry 84-60(11 is registered with the Collector of Failure of the Purchaser to insist upon mitt performance of the terms and conditions hereof. failure or delav to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmrided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder orapproval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe In defects of any ^f the mammies or obligations of this purchase order and shall not be dermal a waiver of any right ofthe damage in tonsil. may be rebuffed to you far credit and arc not to be replaced except upon receipt of written purchaser to insist open strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS aresubject 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 For 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 ofall applicable required inspection procedures. violations are in fat home by the Purchawr. Theretofore, for good cause and as consideration or executing this purchase unit, 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 Fort Collins, 701) Wood St., Fort Collins. CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified as this rude,. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchawr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing wild 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 Purchnwr directs the Seller to correct nonconforming or defective goods by a date In be agreed upon by the expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereaRer indicates its inability or unwillingness to comply, the Purchaser shipments are made farm greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all accessary permits, catifreates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Four Collins harmless from and against all liability and loss incturd by them by reason of an asserted or established violation of any .such laws, regulations, ordinances, rules and requirements. Authorization. All patties to this contract agree that the reprcwntativcs arc, in fan, bon" fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fourth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference: Any additional or different terms and conditions propnmil by seller arc objected to and hereby rcialed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthc essence. Delivery and perommuce must be effected within the time stated 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 fthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable or damages is a result of delays due In causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligevec, such act ofG d. acts fcivil or military authorities, governmental priorities, fires, strikes. flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 reason of the delay. }.WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, mmples and/or other descriptions given, will be fit for the purpsaws 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 harnlem farm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. 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 ammary provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials furnished by the Seller. Acceptance or use officials by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othcmiw provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrntics or guarantees, but such liability shall in no event include loss of profits car loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser m"y make changes to legal terms by written change naim S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tours, other than legal terms, including additions to or deletions farm the quantities originally a6rod in the specifications or drawings, by verbal or women change order. If any such change affect the amount due or the fine of perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchawr may at any time by written change order, teminatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable or any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or ennsequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Ihirry (30) days from the dart the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required In effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form 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 became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warns full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in perfommanec of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrance, and claims ofodurs. The Seller shall release the Purchawr and its footmttors of any tier from all liability and claims of any nature resulting farm the perfnmmnce ^f such work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, oRcers and employees ofsuch party. The Seller's contractual obligations, including warn my. shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to ow any design, device, material or process cave rttl by lever, patent, modemark' or copyright, the Seller shall indenmify and save harmless 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 fur any 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 pan thereof or the intended aw of the goods, is in such suit held to constitute infringement and the use of mid equipment of pun is enjoined, the Seller shall, at its own expense and at its option, tither procure or the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nonin Dinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchawr without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consorted underand governed by the laws ofthe Stale of C^Iomdo, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Sellers Repiesenntive(s), on the premises nfothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the mmc is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and .acceptance, complete the work at Selle's own expanse and to the satisfaction of the Purchawr When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle mine at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Scilerunder the order. IR. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of worker 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 of the slate in which the wink is to be done. The Seller shall man carry comprehensive general liability including, but not limited to, contraevrnl and automobile public liability insumntt with bodily injury and death limits of at (cast 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 contractors. if any, to provide or such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate, that such compensation and insurance have been provided. Such eenificates shall specify the date when such compensation and insurance have been provided. Such cm ificmes shall specify the date when such compensation and insurance expires. The Seller agrees IhaLsuch compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hvchy nssumcs the entire responsibility and liability fnr any and all damage, loss or injury ofany kind or nacre whin,mver 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 or ,It of the Purchasers officers, agents and cmployevs (arm 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 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 m 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 Scllcr of any of his comments 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 crisis, charges, aftomcys 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 caw judgment or ocher lien be placed upon or obtained against the property ofthc Purchaser, or mid panics in at as a result ofsueh suits or other proceedings. the Seller will at once use the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Reeked 03/2010