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HomeMy WebLinkAbout127569 FRONT RANGE INTERNET INC - PURCHASE ORDER - 9150036Fort Collins Date: 01/06/2015 Vendor: 127569 FRONT RANGE INTERNET INC 3350 EASTBROOK DR FORT COLLINS CO 80525-5731 PURCHASE ORDER PO Number Page 9150036 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/06/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price i BLANKET PO FOR 2015 - FRII CHW MONTHLY WIFI-12 MONTHS 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 8,340.00 Pay terms net 30 days 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. Tex exemption. By marine the City of Fort Collins is exempt from state mad local taxes. Our Exemption Number is I L NONWAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84b000582 is registered with he Collector of Failure mi drc Purchan m insist upon street Peach— "fit" Hems" and condition berm(, failure or delay to Trucial Revenue, Denver, Colorado (Ref. Colorado Revised Sums 1923, Chapter 39-26. 114 (a), excmise any rights err remMies provided herers or by law, failure 0 promptly notify the Seller in the event of a breach, the accepaace ofor payment for goods bcreunder or approval of the design, shall vat refew, the Seller of Goods Rejected. GOODS REJECTED due to fulum to meet specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase male and shall not b, demand a waiver of any right of the damage in transit, may be remmed to you for credit and am not an be "hwal except upon receipt of written Purchaser to insist upon stiff performance hercof or any of its rights or remMies as ro say such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, rear shall any purported oral modification or rescission of this purchase order by the Purchaser opera" as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Accepares. Receipt of the merchandise, Services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. molam end payment on the part of the City of FortCollins. However, it is a be understood thoFINAL Seller and the Purchaser recognize that in actual a m is practice, Overcharges resulting fmantitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. "ialation art in fact home by the Purchaser. Thanof re for good cause and as consideration for executing this purchase order, the Seller hereby assign " the Puaha"n any and all claims it may now have or hereafter Freight Tens. Shipments must W F.O B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless ecquirnd order fedetal or sate antitrust laws for such overcharges relating W the particular goods or services otherwise specified on this order. if pams"sion is given an prepay freight and change separately, the original freight purchased or acquirnd by the Purchaser pursuant to this purchase, order. bill must accompany invoice. Additional charger for pazking will hat be occupied. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mmufar.. have distributing points in various pats of the country, shipment is If the Purchaser direca the Seller to coned notrconfahming an defective goods by a date to be agreed upon by the expelled from the nearest distribution in, 10 destination, and excess freight will be deducted fmm Invoice when Purchaser end the Sailer, and the Seller thereafter indicates its liability or unwillingness" comply, the Purchaser shipments arc made firm greater distance. may cause the work to be perfomrnd by the most expeditious mesa available m it, and the Seller shall pay roll costs assaiated with such work. Permits. Seller shall procure at sellers sale cost all nroessary fomits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory, or Political subdivision where The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Port Collins harmless from and against all liability and loss insured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the evenr of fault of negligence of the parry released and shall extend to the .it requirements. directors, officers and employees ofsuch patty. AuNmmouion. All panic to this commit agree that the represenansis are, in hand. hoer fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepance "fie terms and condition staled herein set Earth and any supplementary or additional "ma and condition amtexed hereto at incorporated herein by reference. Any additional or dithering tens and caldtlion proposed by Sella are objected to and hereby rejMed 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to artiva on your promised delivery date as noted. Time is of the casence. Delivery, and performance 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 panial late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition 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 as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault.1-o"llgence, such sets of God, acts of civil or military authorities, governmental priorities, fires, strikes, flow, mpidemids, wars or riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Sete, first received krmwlat, thereof. In the event of any such delay, the dam of delivery shall be extended far thc period equal"the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covernd by this order will conform with applicable drawings, specification, samples ardor orbs, description given, will be, fit Or the purposes intended, end performed with the highest degree of sere and comtpeteae in acmrdarce with accepted standards for week of a similar nature. The Sella agrees m hold the parehaur harmless fmm any loss, damage on expense which the Purchaser may suffer or iacur on accoun, of the Sellers breach ofwarranry. The Seller shall replace. repair or make good, without cost in the purchases, any defies or faults arising within one (1) year or within such longer period of it. as may bat prescribed by law or by the terms of any applicable souni provided by the Seller after the der" of acceptance of the goods famished hereunder (aaepance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fomolial by the Seller. Acceptance or use of goods by the Purchaser Shall na, institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrurams or guamnl¢s, but such liability shall in no event include loss ofprofils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES RJ COMMERCIAL TERMS. The purchwer may make any class " b the amu, mher than legal tame", including widnion m or deletion" firm the quantities ongrally ordered in the spaificatiom or drawings, by verbal a wnaen change order. If any such mange affeer5 the amount due or the time orperfatmmrce hereunder, an equitable adjustment shall h<made. 6. TERMINATIONS. The Purchaser may at any fine by written change order, terminate this agreement as to any or all portions of rise goad then not shipped. Subject to my equitable adjustment between the parties as m any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as"any good" delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjutment most ed asserted within thin (30) days Gom the dale the change or termination is mdurned, 8. COMPLIANCE WITH LAN'. The Sella wamaa that all good Sold hereaNer shall have been produced, said, delivered and famished in shier compliance with all aWliable laws and regulation to which the good are subject The Sella shall execute and deliver such documents us may be required to effect or evidence compliance. All laws and regulation equired In, be ncoryorated in agreements of this cha ucter an hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Ptuchaer harmless in. all costs mart damages suRernd by die 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 my monies due or to become due hereunder without the prior written consent of rise othn party. 10. TITLE. The Seller warrants full, clear and mumtdcted title to the purchaser for all equipment, materials, and items famishat in Performance of this agreement, fee and clean of my and all lien, restrictions, reservation, security interest encumbrances and claims of others. The Sellers contractual obligations, including wamnly, shall not be, deemed to be reduced, in any way, because such woes, is performed or causal to be performed by the Purchaser. Ian. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lever, potent trademark r copyright, the Seller shall indemnify and save brainless fie Purehmer from any and all claims for infringement by raven of the use of such palmed design, deice, material or process in comtemon with the comnc. and Shall indemnify the Pumhner for any cost, expense or damage which it may be obliged to Pay by reason of such infringement at any time during the pronunciation or after the completion of the work. In case said equipment, or any pan thereof or the imended use of the goods, is in such is held to eontimte infringement and the use of said equipment ar part is enjoined, the Seiler shot. at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bm noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of c udimrs, appoint a receiver or mane for any of the Sellers property or business, this order may forthwith be canceled by the Purcbasn without liability. 16. GOVERNING LAW. The definimian of k. used or the ioteryseation othhe agreement mail the rights of all parties hereunder shall be compared under and governed by the has ofe Sure ofColatado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the service of Sellers Represevtative(s), as the premises ofothers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on Said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work an Sellers own expense and to the Satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle Same m the Site and baome responsible therefor as though such materials and/or equipment was being furnished by the Salle, under the mile. 18. INSURANCE.' The Sella shall, at his own expense, provide for the payment of wmrkrs compensation, including numpatiotal disease bemfies, to its employees employed on or a connection with the work covered by this purchase order, raj a their dependens in accordance with Be laws of ale scam in which ale weak is m be done. The Seller shall also carry, comprtlsenive general liability including, but not limited W. contractual and automobile public liability insurance with bodily injury end death limits ofar leas, S300.000 fro any ova perm , 5500.01t0 for any com accident and property damage limit per accident of S400,000. The Sella shill Ekewte require his comtmerors, if any, m provide for such cooperactum and tamaaee. Bet vny ofalse Sellers or his commfom employees shall der any work upon fe premises of others, the Seller shall famish the Purchaser with a cenifiwte Nat such compensation and insurance have ban provided. Such catifcatn shall Specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until per the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability Or any and all damage, loss or injury ofany kind in wove whatsoever to person or property caused by at resulting mean the execution offe work provided for in this purchase order a in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any we all of flay Purchases officers, agents and employes fmm and against any Snd all claims, lasses, damages, charges re expenses, whether diet or indirect, and whether to penam or property an which the Pachaser may be On or subject by reamn of any act, action neglect, omission or defaul, on the part of the Sella, any of his migration, in Soy of the Sellers m contactors officers, agents or employes. In asset any suit or other proceedings shall be, brought against the Purchaser, m to officers, agents or employees at any time on accoun, a by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their i, icas, agents or employees as of said the Seller hereby agrees to assume rise defense thereof and to defend the Same in the Sellers own expense, m pay any and all casts, charges, eaomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRc ors, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said parties in or as a result of sach wits or other proceedings, the Sella will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contracors shall take all Safety precautions, famish and intall all guard necessary Or the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, ale Occupational Safety and Health Act of 1970 and all roles and regulation issued pumma n icam. Revised 07R014