HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9143779Fort Collins
Date: 07/07/2014
PO Number Page
9143779 1 1of2
This number must appear
on all invoices, packing
slips and labels.
Vendor: 127569 Ship To: CLRS ADMINISTRATION
FRONT RANGE INTERNET INC CITY OF FORT COLLINS
3350 EASTBROOK DR 215 N MASON, 3RD FLOOR
FORT COLLINS CO 80525-5731 FORT COLLINS CO 80524-4408
Delivery, Date: 07/03/2014 Buver: JOHN STEPHEN
N ote
Line Description Quantity UOM Unit Price Extended
Ordered Price
Senior Center Wireless Support 1 LOT LS 1,800,00
8 Monitoring in 2014
Senior Center wireless support and monitoring in 2014 per
quote 15753 dated 3/4/2014.
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@fogov.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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local tax¢ Om Exemption Number is
11. NONWAIVER.
984H502. Federal Excise Tax Exemption Certifcam of Registry 84-6000587 is regor nxi xam the Collector of
Failure of Nc Purchaser to imin upon strict peifommnce of me or. aM coMinn. hereof, failure or delay to
let—.] Revenue Drover, Coleman (Ref Colorado Revised Sutuus 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in he event of a
breach, the acceptancc ofor payment for goods hereandin or approval Lithe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to man spccificftiom, either when shipped or due to defects of
any of the wacadies or obligations of this purchase order and shall not be, dmmed a waiver of any right of the
damage in transit, may be retuned m you for credit and are not to for replaced except upon receipt of wamrn
purchaser to insist upon strict performance Immure, any of its rights or remedies m 10 any such goods, regandless
instructions from the City of Fen Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any parported
oral malt licorice or rescission of In,, parchase order by the Purchaser apenu as a waiver of any of the corms
Inspection. GOODS are subject to the City of Fen Collins inspection on arrival.
hereof.
Final Aceeplame. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
marvized payment tan the pan of ,he City of FortCollins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in trend economic practice, o ercharresulting from antitrust
nforr ges
ACCEP I'ANCE is dependent upon completion of all applicablemquimdinspeciionpr edures,
violations are in fact home by the Purchaser. Theretofore, good cause and as consideration fur execming this
,umiesc under, du Seller hereby ..signs or the Purchaser any and all claims it may now have or hereafter
Freight Icars. Shipmenu must be F.O.B., City of For Collins, 700 Wood St., Fen Collins, CO 80522, unless
acquired under federal or stale antitrust laws for such overcharges reloting to the particular goods or services
otherwise specified on his under. Ifpdmissom is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Addaired themes fir packing will net be accepted.
Shipment Distance. Where menufacturets have distributing points in various pans of the country, shipmet, is
expected from he nearest dicaibmion point to destination, and excess freight will be deducted from Invoice when
shipments ere made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary perrniu, certificates and licenses required by all
applicable laws, regulations, references; and rules ofthe sure, municipality, territory or political subdivision where
he work is perfmmed, or repaired by my other duly mnstimmd public authority havingjmisdicdon over the work
of amdor. Seller further, agrees an hold he City of Fon Collins hamticss from and claim, all liability and loss
incurred by them by reason of an asserted or established violation afford, such laws, regulations, reformers, rules
end requirements.
Authorization. All panics to this contract agree that the representatives at, in fact, houn fide and possess full send
complete authority to bind said panics.
LIMITATION OF TERMS. This Porchnse Order expressly limits acceptance to the terms and conditions stated
herein set Loch and any.supplementary or additional moms and conditions annexed Linda or incoryorea d herein by
reference. Any additional or different terns and conditions proposed by seller nee objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdecely if you cannot make complete shipment to move on year
Puri delivery date as noted Time is offer vesture. Delivery send onfirm aner mast he infected within the rime
stated an he purchase order and he documents attached harm. No ads of he Purchasers including, wince,
limitation, acceptance efforts] lam deliveries, shall operate as a waiver of this provision. In he event ofany delay,
the Pi mhsser shall have, in addition in other legal and cgnitable remedies, the option Odelsting this order elsewhere
and holding he Seller liable for damages. However, he Seller shall not be liable for damages m a result of delays
due to causes not reasonably foreseeable which are beyond its reawmble conlml and without its fuel, ofnegligeneq
such acts of God, acts ordeal or military authorities, govetmnenul priorities, fines, strikes, flood, epidemics, wars or
riots provided Jut notice of me mnduarss running such delay is given an the Purchaser within eve (5) days of the
time when the Seller first received knowledge thereof In the even, of any such delay, me date of delivery shall be
extended foe he period meal to me time actually lost by reason 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 office descriptions given, will M fit for the purposes inmMed, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to held me purchaser harmless from any loss, damage or expense which ,he
Purchaser may suffer or incur on account of the Sellers breach of xxmunty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller Lifer the date of
acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from impeder,
or defective work done or mmeards fumished by the Seller. Acceptance or use of goods by the Purchaser shall nth
constitute u waiver of any claim under this wanenty. Except as otherwise provided in this purchase order, me Sellers
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wmramles
or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchem, may make changes 1. legal tents by written change ondm.
5. CHANGES IN COMMERCIAL TERMS.
The petitioner may make any changes a the temp, oher than legal terms, including additions to or deletions Ease
d e quantities originally Lirdered in me specification or drawings, by verbal or wrinen change order. If any such
change affects the amount due or the time ofonformance hereunder, an equitable adjustment shall be male.
6.TERMINATIONS.
The Purchaser may many time by written change order, terminate his agreement as to any or all portions of he
goods then not shipper. subject to any equitable adjustment between the patties as to any work or materials men is
progress Provided that the Purchaser shall not be liable for any claims for anticipated profils on the uncompleted
,anion of the goods ande., work, foe incidemal or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect to any Goods which arc the Sellers sland:ud stock. No such termination shall relieve
the Purchuer or the Seller of any oftheir obligations m to:uy goad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
refired.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and motional in strict
compliance with all applicable laws and regulations to which the goods ere subject The Seller shall execum and
deliver such documents as may be required to effect or evidence compliance. All laws and regulan ew required an he
incorporated in agreements of this character art hereby incorynrated herein by this reference. The Seller agrees to
indemnify and held me Parchment hmanal. from all mom and damages suRered by me Puchasm m a moill of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall mager transfer, or cranny this cache, Lir any monies due or to become doe hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title Raw Purchaser for AI yul,ment matmak, and items fumished
in performance of this agreement, free and cleat of any and all liens, restrictions, reservations, security interest
encumbrances send claims of ofer,.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS,
Ban, Purchaser directs the Seller to cement nonconf caning or defective good by stamen be agreed upon by the
Purchaser and the Seller, and me Seller mermfter indicates its inability or unwillingness to comply, me Purchaser
may cause the weak to be performed by the most expeditious means available to i,, and me Seller shall pay all
costa assxiated with such wore.
The Seller shall ml. the Purchaser and its contractors of any tier from all Iiabiliry and claims of any ruture
resulting from the perfomwtt ofsuch xork.
This releax shall apply even in de, event of fault of negligence of the Party, relcmcd and shall extend to the
directors, alficers and empbyces of such parry.
The Sellers comnetml obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark
copyright, the Seller shall indemnify and save hamiless the Purchaser from any and all claims for infringement
by reason of tiro use of such patented design, device, material or process in connection with the contract, vnd
shall indemnity the Purchaser for any cos,, expense or damage which it may be obliged to pay by reason of such
mfiringenrem at any time during he prosecution or after the completion of the work. In case said entrapment, or
any :in thereof or the intended use of the goods, is in such suit held to comlitow 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
Purchases the right to continue ruing said equipment or pans, replace me same with substantially equal but
rmninGonging equipment, or modify it an it becomes coma nagi r,
15. INSOLVENCY.
If he Seller shall become iesoh'em or bankrupt, make an assignment for the benefit of cmlimrs, upload a
of trustee for any of the Sellers property or business, this order nay forthwith Ise canceled by me
Petitioner oviffim, liability.
16. GOVERNING LAW.
The Jehdions of It. reed an me imemretafien ofhc agraement end the tights of all panics hereunder shall be
comrded under and governed by me laws of me State ofColomdo. USA.
The following Additional Conditions apply only in cones where the Seller is to perform work hereunder,
including the services of Sellers Represenu lefts), on the promises of others.
V. SELLERS RESPONSIBILITY.
I'he Seller shall carry on said over at Seller's we nsk until the same is fully completed and accepted, and shall,
in case of any accident, deswction or injury to the work and'or materials before Sellers final completion and
acceptance, complete the work at Sellers over expense and to the satisfaction of the Purchaser. When mammals
and equipment are fumished by others for ifsmllation or erection by the Seller, the Seller shall receive, ordered.
store and handle some at the site and become responsible therefor in though such materials and/or rquipar t
were being furnished by the Seller under the order.
IC INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation. including uecupafiaul
disease brercfiu, ,o its employees employed on or in connection with the work catered by this produce order,
aedrar 1. their dependents in accrefance wire the laws of the sure in which me work is to be done. The Seller
shall also carry comPreheruive general liability including, but but limited to, contractual avd automobile public
liability insurance with bodily injury and death limits of at leas, S300,0ao for any one person. SAID," far any
one accident and property damage limit Per accident of S400JIL The Seller shall likewise require his
ontmdo s. if any, to provide for such compereLion and imenconer. Refore any of he Sellers or his contmcmra
employees shall do my work upon the premises of others, the Seller shall famish the Pdchsser with a cenificme
that such compression and insurance have been provided, Such cerificdes shall specify the date when such
compensation and insurance have been provided. Such cenificamt shall specify the date when such compensation
and insurance expires. The Seller agrees mat such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROI'ECI'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fir my.ad.11 damage, loss or injury of any kind
r nature whatsoever to Persons or property mused by or resulting from the execution ofthe work provided for in
his purchase order or in connection herewith. The Seller will indemnify and hold Imrmdes the Purchaser and any
or all of he Purchasers offirm. agents and employees from and against any and all claims, losses, damages,
charges or expenses, whither direct or indirect, and whether to powers; or progeny to which the Purchaser may
be per or sal by mason of any act, action, neglect, omission or default oa the pan of the Seller, any of his
contractors, or any of me Sellers or cammdon effects. agents or employees. In case any suit or other
proceedings shall be brought against he Purchaser, ce its officers, agents or employces an my fine on account or
by reaam of my act, action, neglm, omission or default of the Seller of eery of his contractors or any of its or
their oflierrs, agents in employees as aforesaid, me Seller hereby agrees to assume the defense hereof and m
defend he same d me Sellers aaa expense, an pay any end all cuts, chargta, anomeys fees vd other expenses,
any and all judgments than may be incurred by or obtaidN against the Purchuer or any of its an fear of icer,,
agents or employees in such suits or other po rceedings, and in rue judgment or other lien IN placed upon or
obtained against lie property, of me Purchaser, or said parries in or m a result of such sum or office proceedings,
lie Seller will at.. muse me same to be dissolved cod discharged by list, Wind or otherwise. The Seller and
his contractors shall take all safety precautions, famish mu1 install all gmrd, necessory for me prevention of
ecidem, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safely and Health Ad of 1970 and all rules and regulations issued Panamint thereto.
Revised 03R010