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HomeMy WebLinkAbout127569 FROTN RANGE INTERNET INC - PURCHASE ORDER - 9144520PO PURCHASE ORDER 914452er Page City of PURCHASE 44520 t of 2 `t Collins( hisnumber must appear V �7 on all invoices, packing sli s and labels. Date: 08/07/2014 Vendor: 127569 Ship To: MIS 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: 08/06/2014 Buyer: ED BONNETTE Note: PER INVOICE #1352977 DATED 8/1/2014 AND 2012 SS TO FRII FOR IT COLOCATION SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price FRII COLOCATION ANNUAL RENEWAL 1 LOT LS 61,500.00 2014 - BOB SINGLETON Per terms of Service Order Agreement#12081, signed 4/26/12. Renewal Period: 7/6/14-7/5/15 Price: $5125.00 per month To be invoiced quarterly: $15375.00 Total $61,500.00 I Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:pumhasing@fcgov.mm PO Box 580 Fort Collins, CO 80522-0580 Pumhase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-60(fill is registered with the Collector of Internal Revenue, Drover, Colorado (Ref. Colorado Revlsd Smmm 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due or defers of damage in transit, may be renamed to you for credit and are nor to be replaced except upon receipt of .fine Imtm ace, from the City or Pon Collins. Inspection. GOODS are subject to the City of For Collins inspection on arrival. Final Arreptance. Receipt of the rmmhandise, services or equipment in resporese to this miler ran rnit in authorized payment on the pan of the City of Ton Collins. HewWe ceeq it is m be urrstood that l FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teens. Shipments must be E011.. City of For Collins, 700 Wood St, For Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bell must incomWny receive. Additional charges for poking will not be accepted. Shipment Distance. Where menufacurers have distributing points in carious paps of the country, shipment is -,,led from the Permit distribution point to distinction, and excess freight will be deducted from Invoice when shipmats are made from greater divars.. Permits. Seller shall procure at sellers sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the sure, municipality, mindory or political subdivision where the work is performed, or required by any other duly conefimted public authority bavingjam diction over the work of vender. Seller number names m hold the City of Fan Collins him less form and against all liability and loss incurred by them by reason of an asserted or cion lot ed violation of any such laws, regulations, ordinances, rules and requirenrents. Auth.... fine, All parties to this counsel agree that the repreunextivea arc, in fact bona fide and posses full and complete authority 10 bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns, and conditions stated herein act forth and any supplementary or additional terms art conditions mnexd hereto or unconfirmed herein by reference. Any additional at different from, and conditions proposed by seller are objected 10 and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery dare as noted. Time is of the commit. Delivery and performance most be effect within the time stated on the punch aide, and the docammts armched berem. No acts of the Pmchssers including, without limitation, acceptance officinal late deliveries, shall operate as a waiver ofthis provision. In the event fany delay, the Purchaser shall have, in uddinim 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 m a result of delays due to curses ram reasonably Foreseeable which are beyond its reasonable control and without its fault ofncgligence, such acts of God acts efcivil or military authorities, governmental prionnies, fires, strikes, hood epidemics, wars or dots provided char notice of the wnditiom causing such delay is given to the Purchaser within five (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 reason ofthe delay. 3. WARRANTY. The Seller warrants that all gueds, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples under other descriptioru given, will be fit for the purposes intended, and performed with the highest degree of can and conference in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold me purehear bamless form any loss, damage or experre which the purchases tray sufferer incur on account of the Sellers branch of warranty. The Seller shall replace, repair or make good, without cost m me purchaser, any defects or faults arising within one (1) year or within such longer penad of time as may be presented by law or by the Lamm of any applicable wamenry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor onestimte a waiver of any claim under this warmny. Except as othenviu provided in this patch ow under. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of be foregoing waran res or guidances, bur such liability shall in rat evert include loss of profits or loss ofue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES I N LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a the terms, either than legal terms, including additions to or deletions form me quantities originally ordered in the specifications or bewails, by verbal or written change order. If any such change effects the amount due or the time ufperfommnce hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement a, to any or all portions of be goods ban not shipped, subject to any equitable adjure ared Persons the Panics m to any work m materials then in Progress Provided that be Purchaer shall not be Liable for any chains for anticipated profits on fie uncompleted portion of the gomLi anger work, for incidental or consequential damages, and bar no such adjusnmmt be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller efaty of their obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjutrnent mrut be aserted within rim (30) days (men firm date the change or termination u ordered. S. COMPLIANCE WITH LAW. The Seller wnrtan6 that all goods sold hereunder shall have been produced, sold, delivered and fumifi d in finer compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such docommns as may he required to effect or evidence vomple.. All laws and nation.. rcquird 1. be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold be Purchutt hamrl¢s from all costs and damages suffered by be Purchaser as a mull of be Sellers failure to comply with such Law. 9, ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or f become due hereunder without be prior written commit offle other parry. 10. TITLE. The Seller warrants full, clew and unrestricted title to be purchaser for all equipment, matedals, and items fumishd in perfomance of this agreement, Gee and clear of any and all liens, restrictions, mannerliness, security interest cmcumbrances and claims ofothers. I I. NONWAIVER. Failure of the Pumtasa to insist upon strict performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to prompny notify the Seller in the event of a breach, h, the acceptance of., paymcn, fu goods hereunder or approval ofbm design, shall not relmse the Seller of any of the anomalies or obligations; of this purchase order add shall not be despoil a waiver of any right of the purchaser to insist upon strict performance hereefor any of Its rights or remedies ex to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any gowned oral modification or rescission of this purchase order by the Purchsser operate u a waiver of any of the terms here.(. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ecormmic practice, overeM1argn resulting from antitrust violations arc in fact bore by the Purchases ThcMofore, for goof cause and ss Ouraidemlon for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fdeml or state rentimor laws for such overcharges relating to the particular goods or services purcM1ated or acquired "a Purchaser pursuant m this pm<hau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser drects fie Seller to commit nonconforming or dabdive goods by a date be be agreed upon by the Purchaser and fie Seller, end the Seller thereafter indicates its inability or unwillingness to comply, he Purchaser may cause the work to be performed by the most expeditious means available to il, and ,he Sella shall pay inl costs associated with such work. The Seller shall release the Purchaser and its examoetors ofany tier form all liability and claims of any .tore resulting from fe performance ofsuch work. This release shall apply even in the e'er of fault of negligence of be par, released and shall extend no the directors, effects and employees ofsuch party. The Seller's contramnal obligations, including wereardy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by the Purcherst 14. PATIENTS. Whenever the Seller is required to use any design, dcnce, matmal or process covered by kner, patent, trademark or copyright, the Seller shall indemnify 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 for tiny cost, expense or damage which it may be obliged to pay by reason of such infringemem at any time during the prosecution or after the completion of the work. In eau said equipment, or any Pan thereof or the intended use of the goods, is in such suit held u constitute infringement and the use of said equipment or parr is enjoined, the Seller Shan, at it, own expense and at its option either Inure for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially equal bur noninfringing equipment, or mortify it so it becomes noninfn-nging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, appomt a 01 trustee for any of the Sellers pto," or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNTNG LAW. The definitions of terms used or the interpretation of the agreement and the rights of ell pence& hereunder shall b, orestmed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in areas where the Seller is to perform work haeunda, including the venires of Sellers Represenrempro s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Seller's final completion and incepmntt, complete Be work at ScHrea own expense and to the amisherms of the Purchaser. When materiak art equipment are fmishcd by others for installation or erection by me Seller, the Seller shall receive, unload, ,,am and handle same at the site and become responsible therefor as bough such maeriak aMror equipme r, were being bombed by the Seller makir be order. I S. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection wif be walk covered by this purchase order, Proper to rev dependants in accordance with be laws of be state in which the work is to be done. The Seller shall also terry comprehensive grnerel liability mc1W.,, be, not limited an, ampart.l and automobile public liability insurance with bodily injury and death limits of at least S300,001) for Pry one person, S500,000 for any one accident and property damage limit per incident of S400,000. The Seller shall likewise require his cumbrous, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall fumhh the Purchaser with a ccrificata that such compensation and insurance have been provided. Such certificates shall specify for date when such compensation and insurance have Lesson provided. Such cerdfiestas shall specify be date when such compensation and insurance expir The Seller agree but such compensation and insurance shall be mainmirred 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, loss m injury of any kind or nature whatsoever to persom or property cartscd by or resulting from the execution offe work provided for in this purchase oiler or in mmuection herewith. The Seller will indemnify and hold harmless the purchaser and any cr all of be Purcleaues officers. agents rat employees from and almost any and all claims, Jews, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser nay the put or subject by reason of any act, action, neglect, omission or default on the For office Seller, my of his contractor, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Forebear , or its offer , agents or employees at any time on incoum or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, be Seller herby agrees m assume be defense thereof and 10 defeat be same at be Sellers awn express, to pay any and all cores, charges, aromay, fees and caber eaftnes,, any and all judgments but may be insured by or ob amd against be Pumhaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment m other lira be placed upon or obtained against be property of the Purchaser, or said parties in or as a result of auch suits or ofer procedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or ofeewiu. The Seller and his contractors shall take all safety precautions, famish and instill all guartls necessary for be prevention of accidents, comply wit all laws and regulations with regartl to safety including, but without limitation, the Ocsmpatio.t Safety rail Hmlb Act of 1970 cord all roles and regulations, issued Eurobond beano. Revised 072014