HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9136427PO
PURCHASE ORDER 913642er Page
City. of PURCHASE
36427 1012
F^rt Collins( his number must appear
!-\V`I V "' 1 on all invoices, packing
sli s and labels.
Date: 12/08/2014
Vendor: 127569
FRONT RANGE INTERNET INC
3350 EASTBROOK DR
FORT COLLINS CO 80525-5731
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/02/2013 Buver: DAVID CAREY
Note:
Line
Description
2 ADDENDUM TO PO #9136427
MONTHLY FRII Ethernet connect
ADDED PER M.CARR EMAIL; DATED 12/5/14. -ECB
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
UOM
1 LOT EA
Unit Price
Pay terms net 30 days
Invoice Address:
Price
254.10
$254.10
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terri and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemption. By mama, the City of Fort Collins h exempt from state at [coal taxes. Our Exemption Number is
98-04502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue Denver, Colom& (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet npaificatiaw, either when shipped or due to defects of
damage in transit. may be about to you for credit add art not to be replaced except upon receipt of wnnm
instructions from the City of Fon Collins.
Impaction. GOODS are subject to the City of Fan Collins ina modan an radial.
Final Acceptance. Receipt of the mereberi ire, services or equipment in response m this order an result in
authorized payment on the pan of the City of Fiat Collins. However, it is to be understood thin FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tams. Shipments must be EO.B., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522, =less
otherwise specific on this order. If pcmtission is given to ropy freight add charge separately, the original freight
bill most accompany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers hive distributing point: in various pans of the country, shipment is
expected from the amount domination paint to destitution, arum excess freight will ha deducted fmm Invoice when
shipments are made f Former distance.
permits Seller shall p,a. a, sellers sale east all necessary permits, certificates and licenses required by all
applicable [aws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly cowtimtd public authority having jurisdiction over the work
of valor. Sella further agrees to hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by mason of an armed at established violation of any such laws, regulations, ordimnces, rules
and raryimmmrs.
Authorization. All parries to this contract agree that the represenmtives are, in fact, barn Ede and possess full and
complete authority to biM said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits scaptuntt to the forms and mnditiow stated
herein set fort and any supplementary or a k itionml terms and conditions annexed hereto or incorpom ed herein by
reference. Any additional or dilT'am, mops and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately if you variant make com'Ide shipment to arrive on your
,standard delivery dare as noted. Time is of the essence. Delivery and performance must be eRected within the time
stated no The purchase aide, and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of radial into deliveries, shall opauto Or a waiver of this provision. In the event of any delay,
the Purchases shall have, in addition to other legal mod equitable remedies, be option ofpiacmg this order elsewhere
and holding the Seller liable for damages. However, be Sella shall not be liable for damages as a result of delays
due to causes not «wonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such eras of God, imts of civil or military authorities, governmental priorities, Gres, stokes, Rat, epidemics, wars or
dots provided that notice of the conditions canning such delay is given to the Purchase, within five (5) days of the
time what be Sella first received knowledge therm(. In Ote taut of any such delay, the date of delivery shall be
extended for the period aryl] to be lime actually lost by reawa of be delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
lowing, spa,ifiwfons, samples andfor other desenpti ms given, will be God for, be purposes intended, and
performed with the highest degree of core and competence in accordance with nccepted standard for work Of a
similar nature. no Seller agrees to hold the purchaa harmless Farm any loss, damage m expense which the
Puchaer may suffer or incur an account office Sellers breach Of warranty. The Seller shill replace, repair or make
good, without cast to the puabase, my defects or fulls among within one (1) year or within such longer period of
time as may be Prescribed by law or by the tenw ofany applicable wasmmy provided by the Seller after the dale of
ace,pa r, of the good forandt haeutrda (ilia bacre no, to be unreasonably delayed), mandate, form imperfect
Or defective wok done or materials famished by be Seller. Acceptance or use of goods by be purchaser shall not
liability hereunder shall extend to all damages puxinately caused by the breach of re
or guaremem, but such liability shall in = event inc ate loss of pmfirs in lass of we.
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pardoner may make changes to legal terms by coroner change mda.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make any changes to the torus, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change We, If my such
change affects the amount due or the time of performance hereunder, m equitable adjustment shall be made.
6.TERMINATIONS.
The Purchase may of any time by wnnen change order, terminate this agreement w to my or all pardons of the
goads then not shipped, subject for any equitable adjustment between the ponies es to any wOak or mamri rN than in
progress provided that The Purchaser shall not be liable for any claims for anticipated profile on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and but no such adjustment be made in
favor of the Sella with respire, to any goods which aft be Sellers mallard stock. No such renomination shall relieve
the Purchase, or the Sella ofmy affair obligations ar to any goods delivered haeuMa.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be asserted wihin fir, (30) days from the &te the choose a moratorium is
arched
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishc in strict
compliance with all applicable laws and regulmious to which the goods are subject The Sella shall execute and
deliver such documents as may he required to effect or evidence compliance. All taws oral regulations required to be
ncoryomted in egrtemmu of this character art hereby incorporated herein by ads reference. The Sella agrees to
indemnify and hold the Purchaser hammers tab all costs and damages suRac by fie Purchaser ss e result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Imy shall assign ..for, or convey this order, or any monies due or to become due hereuder without the
'fire con hen an of the other parry.
10. TITLE.
The Seller warrants full, clear mM maro need title to be Purchaser fin all equipment, materials, and items famished
in performance of this u,co ment. ( and clear of any and all liens, restrictiow, reserva[ions, actually imerom
encumbrances and claims of others.
11. NONWAIVER.
Failure of the pmchoser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise re any rights or anomalies provided herein or by law, failure to promptly notify the Seller in the event of a
rt c bh, tM acceptance of or payment for goods hereunder or appmval of the design, shall not release be Sella of
any of the wamvtios or abligstioss of this purchase order ad shill room be deemed is waiver of any right of the
purcbaur to insist upon strict performance he arm any of its rights or remedies w to any such good, regardless
of when shipped, received or accepted, n to any prior or subsequent default beteara er, nor shall any purported
oral modification or rescission of this purchase order by the purchaser operate as it waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purehwc tomorrow, far in act=1 economic
no is practice, overcharus ges resulting from antitrust
violations arc in fact borne by the Purchaser. Theabofore,foogood cause and as consideration for executing this
purchase order, the Seller hereby assignor to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws Ins such overcharges relaying to the particular goad or services
purchased or acquired by the Purchaser pursuant as this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a dine to be agreed upon by the
Purchaser and the Seller, meal be Seller thereafter indicates its inability or unwillingness to comply, the purchaser
may cause the work to be performed by the most expeditious meow available to it, and the Seller shall pay ell
cos, assOcimed with such wok.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in The mom of fault of negligence of the pan, relent and shall extend to the
directors, officers and employees ofsuch party.
The Sellers contractual obligations, including warmay, shall not he le rut to be rducd, in any way, because
such work is performed or must to be performed by the Par houna.
14. PATENTS.
Whenever the Seller Is minted to use any design, device, material or process covered by lilt¢, putent. =danark
or copyright, the Seller shall indemnify and save harmless be Purchaser from any and all claims for infringement
by reason of the use of such parented design, device. material or pa cccss in connection with the contract, and
shall indemnify be purchnser for any cost, es'ense or damage which it may be obliged to pay by reawn ofsuch
infringement at any time during the prosecution or oiler the completion of the work. In case said equipment, or
any pan thermf or the intended use of the goods, is in such suit held to constitute infringement and the me of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
purchaser be right to continue using said equipment or pans, replace the same with substantially equal but
incriminating ca uipmmt or modify it w it becomes tmuinfringing.
IS. INSOLVENCY.
If the Sella shall become insolvent or baNtrvpt, make as assignment for the benefit of creditors, appoint a
receiver or trustee. for my of be Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions armors used of the interpretation critic ornament and the rights of all parties hereunder shall be
combined=der and governed by the laws off¢ Stare ofColom&, USA.
no following Additional Conditions apply only in cases where the Sella is to perform work M1ereurWer,
including the servicesof Sellers Repdwarbo .Ek on the,manses ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall wry an said work at Sellers own risk unfit the same is rally completed and accepted, and shall,
in cost of my mcident, destruction or injury to the wok ardor materiels before Sidlels final completion anal
acceptance, complete the work at Sellers own expense and m the ansfac[ion of the Purchaser. When matea ds
and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor ss though such materials and/or equipment
were beings fished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on ar in connection with the work covered by this purchase order,
mmdeor to their dependants in accordance with the laws of the state in which the work is to be done The Seller
shall also wry campmbensive general liability including, but rant limited to, commaual and automobile public
liability insurance with bodily injury and death limits of at least 83 W,000 for my one person, S50ft" for any
are .,ideal and propmlimit 54 y damage mit per accident of 00,000. The Seller shall likewise require his
contractors, if my. to provide for such compewarion and insurance. Before my of the Sellers or his contractors
employees shall der my wok upon the premises of others. the Seller shall furnish the Purchases with a conifiwte
that such compensation and iwarence have From provided. Such rafificates shall specify the date what such
compensation and insurance have ban provided. Such certificates shall specify the date wham such contamination
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.
no Sella hereby assomm,the entire reasonability ad liability for my and all damage, loss or injury of my kind
or nature whatust or to persons or pmperry waved by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, loses, damages,
changes or expenses, whether chard or unfired, and whether a persons of property, to which be Purchaser may
For not or subject by reason of any cod helium, neglec, omission or dcfaulf on be pan of the Sella, my of his
contractors, or any of the Sellers or contmdors oRcat, agents or employees. In case any wit in other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by crown of my ac4 action, aerial, omission or default of the Sella of my of his conuaaors or any of its or
fair officers, agents or employees w aforesaid, be Sella hereby agrees to assume the defense fereof road to
defend the score at the Sellers own expense. N pay my and all rusts, charges, anameys fees and other expmus,
any and all judgments that may be incurred by or obtained against the pmaM1wm 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 prolsmy of fe Purchwer, car said pries in or as a result of such saw or other proceedings,
the Sella will at ore cocoa the same to ha dissolved and discharge by giving baud orofermso. The Sella and
his coni e. shall take all to, premoniow, floods and instill all guards nttessafy 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 rules and regulations issued pursuant facto.
Revised 07/2014