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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9141561PO PURCHASE ORDER 9141561 Page C117/ of PURCHASE 9141561 t of z ' `t Collins This number must appear ` on all invoices, packing sli s and labels. Date: 03/14/2014 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS CO 80525-5731 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 03/13/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I WIR Installation per Quote Location: Senior Center 1 LOT LS Vendor to provide all necessary labor and materials for configuration, installation, and testing of WIFI in all areas in the Fort Coolins Senior Center. Per Quote# 15689 dated 03104/2014. Contact: Brian 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.wm 10,602.00 Total $10,602.00 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 exemplians. By statute tbe City of Fen Collins is exempt from state and goal taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Ccoifcatr of Registry 84 6000597 is registered with the Collector of Formal Revenue, Denver, Colombo (ReE Colorado Revised Statute 1973, Cwpter 39-26, 114 (a). Goods Rejmrcl. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, maybe mmmd ,o you far credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject W the City of Fort Collins inspection on amval. Final Acceptance. Rmeipt of the merchandise, se r equipment in response to this order can result in authorized payment on the pan of the City of Fors Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of ull applicable required inspection procedures. Freight Tabs. Shipments must be F.O.B., City of Pon Collins, ]o0 Wood St., Fort Collins, CO 80522, unless otherwise specified oa this offer. if pnmiseinn is given ro prepay freight and charge separately. the origirul freight bill most accompany invoice. Additional charges for packing will but be accepted. Shipment Dicam'e. Where manufacturers havx distribuling points in various pans of the mwtry, shipment is expected from the mmal distribution point to destitution, rail excess freight will be deduced from Invoice when shipments ate made farm &,rater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, artificale and license requited by all applicable laws, regolmime, ordinances aod rules of the suite, municipality, territory or political subdivision where the work is pafammd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins hands s form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and camir menu. Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possms full and complete authority In bind said probes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpamad herein by re@reace. Any addiliaal or different terms and conditions propamd by seller are objected to and hereby rejedrd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if ma mnnot make complete shipment to amve oa your Promised delivery date as mwled, Time u of the mcseme. Delivery and performance must be effected within the rind stated oa the pursM1.vs, Older and the documents arached hereto. No acts of the Purchasers including, without limitation, acceptance oftatial Imes 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 amicable remedies, the option of pacing this offer elsewhere and holding the Seller liable for damages. However, the Sells shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which me beyond its rmn.,able central and without its fault of negligence, such aces of God, acts ofcivil or military authorities, governmental pirm dies, fires, strikes, Bond, epidemics, wars in, riots provided that notice of the conditions causing such delay is is. to the Purchase, within five (5) days of the time when the Set let 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 acmally lust by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work cm'ered by this order will conform with applicable drawings, spent fimtlons, sample =War other descriptions given, will be fit for the purposes intendd, and Performed with the highest degree of rare and competence in accordance with ancepled standards for work of a similar mtue. The Seller coma to hold the Manchuria harmless form any loss, damage or expense which the Purchaser may inflator inar on account of the Sellers breach of warraety. The Seller shall gypsum, repair or make good, without coil to the pumbaseq any defects or faults arising within me (1) year a within such longer pmod of time as may be prrscnbed by few or by the menu of my applicable warranty provided by the Sella agar the Jute of acttpmntt of the Bond famished hereunder (acceptantt not to be unreasonably ddayd), resulting from impalas or defective walk done or materiah famished by the Seller. Acceptance or use of goads by the Purchaser shall not mmounne a waiver of my claim under this warranty. Except as otherwise Provided in this province order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing wurtemirs or guarantees, but such liability shall in no evert include loss of profits or loss of use. NO IMPLI Ell WARRANTY OR MERCI IANTABILiTY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal temrs by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Parchoser may make any changes ro the teems, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen Owner ordar. If any such change a02cts the amtunl due or the it., of performance hereunder, m equitable adjustmrnt shall be it,. 6. TERMINATIONS. The Purchaser may at any time by wrinm change mile, tomirur this agreement as W any m all Portions of the goad then not shipped, subject to any reliable adjustment between the parties as to any work em maerials then in progress provided Nat the Purchase, shall not be liable for any claims for anticipated pmfts on the uncompleted ponies of the goad super work, far incidental or consagmntizl damages, and be, no .all adjustmml be made is to., of the Seller wimp respect to any goods which ere the Sellers sraMard stock. No such termination shall relieve the burrower or the Seller ofany of their obligations as to my goods delivered hereuoder. 'l. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be averted within shiny (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goad are subject The Seller shall execute and deliver such dowarm s as may be mluired to elder, or evidence compliance. All laws unit regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all cases and damage., stifrd by by Purchaser as a result of the Semen failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, rmsfer, or convey this ode, or my monies it. or ra become it. Mrtunder without the Friar written.1 of the tabour perry. 10, TITLE. The Seller warnings full, clear and mccurictd one to the Purchaser for all equipment, materials, and items famished in performance of this agricultural, free and clear of any and all lien, restrictions, resavmium, security interest encumbmncre and claims of others. 11. NONWAIVER. Failure of Nc parch— W hoist upon strict perlhrmantt of the rem¢ and conditions hereof, filum or delay to garmics, any rights a remedies pmvidcd herein or by law, failure to Men tly notify the Sella in Nr event of a breach, the mcep of or payment for Boobs hrreunder mapprtval of the, desig, shall not release the Seller of any of the warmuties or obligations of this Purchase offer and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hareafor any of its rights or remedies as to any such goods, tegardles of when shipped, received or mttptd. as to any prior or subsequent default hereumler, nor shall any puryoned oral modification or rescission of this purchase offer by the Purchaser opemm as a waiver of my of the tames hereof. 12. ASSIGNMENT OF ANTITRUSTCLAIMS. Seller and the Purchaser recagttize that in actual economic pmetice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theresubm,for good caul and as consideration for executing this purchase offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws far such overcharges relating to the particular goods or service purchased or acquit d by be Purchaser Wrsuanot to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. if the Purchamr directs the Seller 1. comma nonconf ing or defective goods by a data to beagrced upon by be Purchaser sud the Seller, aad the Sella thereafter indicates its iruibility or unwillingness to comply, the Purchaser may cause be work to be perfonmd by the most expeditions means available to it and the Seller shall pay all costs awcuted with such work. The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the direct.,,, officers and employees of such p try. The Sellers continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is railroad to use any design, device, material or promosmverN by letter,patent, trademark or copyniam the Seller shall indemnify sod save Terrible. We Purchaser farm any and all claims for inGi.,goo al by union of the use of such planted design, device, material or process in connection with the contract, aad shall indemnify the Putchna for any cnL expense a, damage which it may be obliged m pay by reawa of such infringement as any time noon& the pmsmcutio , or after the completion of the work. In ass said equipment, or any pan Hereof w the inteandial use of the good, is in such suit held in constitute infringement good the use of said equipment or pen is enjoined, the Seller shall, at its own expense and at its option, either parcure for the Purchaser the right to continue using said equipment or pans, replace the game with substantially equal but conitona gulpmenl, or modify it so it becomes anlnffingthg. 15ANSOLVENCY. If the Seller shall become insolvent or bankarpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order miry forthwith be canceled by the rc Puhaser withoo, liability. 16. GOVERNING LAW. The definitions oflame, used or the interpretation of the agreement and the rights of all parties hereunder shall be comma d trader and govermd by be laws ofthee State of Colorado, USA. The following Additional Conditions apply only in cases where tar Seller is to perform work hereunder, including the servicm of Sellers Rtireunative(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall can, oa said work at Sellers own risk awt the scone is fully completed mod mcrtn d, sad shall, in case of my accident, destruction or injury W the work and/or mmetials bef Shccrs final completion and acceptance, camplme the work or Sellers own expense and to the satisfaction of be Purchasing. When marmalx and equipment are famished by others for immigration or election by the Seller, the Sella ,Full receive, unload, store and handle same at the site and become responsible therefor az though such molerials ardor equ lows, were being famished by the Seller under the offer. 18. INSURANCE. The Seller shall, al his own asperse, provide for the payment of workers compensation, including memorialist 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 sate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited as contractual and automobile public liability insurance with hastily injury mod death limier ofat least 5300,600 for any one persw, $500,000 for any one accident and progeny character r limit per accrualof S40D,M). The Seller shall likewise ormre his commmors, if any, to preside for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pmnises of others, the Seller shall f camb the Purchase with a certificate but such compenmlion and insurance have been provided Such mnifiroles shell specify the date when such compensation and maximum have been provided Such affiestes shall specify the date when such compnamion ad insurance expires. The Seller agrees but such compensation and insurance shall he moo aired writ after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller barely assumes the entire responsibility and liability for any and all damage, loss or injury ofmy kind r mature whmsaver to Ferns or progeny caused by or resulting Isom the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlea the Purchaser and my cr all of the Purchasers d ers, agents anemployees farm and .gains, any and all claims, lassesam , dages, asers oH harges or expenses, whether direct or indirect, and whether to persons or propmny rig which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors oRcerz, 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 ar by reason of my rat, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Sege hereby agrem to assume be defense thereof and to defend the same a, the Sellers own axpeme, to pay my aod ill costs, charges, attomays fair' and other expenses, any and all jadgments that ray be incurred by ar obtained against the Purchasing or any of its or their officers, agents or employes in such suits or other proceeding, and N case judgmrnt or other lira be placed upon or obaimred against the pmperry of the Purchases, or said parties in m as a result ofsuch suits or other proceedings, the Sellawill at once muse the smut to be dinoNed and discharged by giving brood or otherwise. The Sella it his coman. shall sake all safety praamimes. fiunhis and inWll all guard naessary for the prevenrion of accidents, comply with all laws and regulations with regard to safety including, but evithoul limitation, the Occupational Safety aad Health Act of 1990 and all mars and regulations issued pursuant femur. Revised 03I2010